Beshear says Scott judge who ruled against his COVID-19 order should be disqualified
Kentucky Gov. Andy Beshear asked Scott Circuit Judge Brian Privett on Monday to disqualify himself from hearing a case involving Beshear’s COVID-19 executive orders and have a special judge appointed.
In a 73-page motion, Beshear said Privett and the other judge in the circuit’s division, Jeremy Mattox, “have engaged in conduct that calls their partiality into question.”
Beshear said Privett’s social media posts and political activities “show that he has a personal friendship and professional relationship” with state Agriculture Commissioner Ryan Quarles.
He also said Mattox “shares a similar personal friendship and political relationship” with Quarles, “which he has published on social media.”
The governor’s motion included several social media posts he questioned. One showed Quarles attending a political event in support of the judge and the judge thanking him and referring to Quarles as “My friend.”
Another Twitter post showed the judge with Quarles at a separate political event.
“The presiding judge’s activity creates — at minimum — the appearance of partiality and favoritism,” said Beshear. “His failure to disclose this relationship with Commissioner Quarles further raises the specter of impropriety. Thus, disqualification is warranted.”
Beshear also said Mattox referred to Quarles in a Twitter post as “my friend,” and posted a picture from Quarles’ doctoral graduation party at Country Boy Brewing.
Another Mattox tweet showed the judge with Quarles, wearing a “Judge Mattox for Circuit Judge” sticker and another of Mattox at University of Kentucky’s Kroger Field, saying “great time at the @UKFootball game tonight. Thanks @Ryan QuarlesKY #BBN.”
In his motion, Beshear said Privett should ask the chief judge of the Bluegrass Region “to appoint a special judge to preside over the case.”
Sean Southard, a spokesman for Quarles, said, “The case is in Scott Circuit Court because the orchard is in Scott County. Period. The plaintiffs can file whatever motions they like and we will respond to this one and any others. It’s really simple: the conflict occurred in Scott County and that is where the suit was filed.”
Privett recently issued a temporary restraining order against Beshear’s crowd restrictions at certain businesses. The order came in a lawsuit filed by Quarles and Evans Orchard and Cedar Mill, an agritourism site in Georgetown. Attorney General Daniel Cameron joined the plaintiffs in the suit.
Privett’s order also limited the governor’s ability to sign future executive orders dealing with the coronavirus pandemic unless they follow certain procedures.
Cameron asked Privett last Friday afternoon to rule whether Beshear’s mandatory mask-in-public policy, that started at 5 p.m. last Friday, is legal. A hearing on that is scheduled for Thursday.
Beshear included in his motion to disqualify the Scott judges a Sept. 27, 2019, order from Kentucky Supreme Court Chief Justice John D. Minton Jr., that disqualifed Franklin Circuit Judge Phillip Shepherd from overseeing a lawsuit filed by then-Attorney General Andy Beshear dealing with teacher sick-outs earlier that year. Minton transferred the case to Franklin Circuit Judge Thomas Wingate.
The disqualification came after Shepherd turned down a request by the Bevin administration to remove himself because the judge liked a Facebook post that praised volunteers on Beshear’s campaign for governor. Beshear, a Democrat, defeated the Republican governor in last Nov. 5’s general election.
Minton noted in his decision that he was convinced Shepherd would preside over the case in “a completely fair, neutral and unbiased mannner.”
But, Minton said, the state’s standard for disqualification does not require actual proof or bias. “Rather, the standard simply requires disqualification in circumstances where the judge’s impartiality might reasonably be questioned,” he said.
He said this was one such circumstance.
This story was originally published July 13, 2020 at 4:03 PM.
