Major Order Of Recusal In Joshua Powell’s Suit

Outgoing Montgomery County Schools superintendent Joshua Powell is suing the board of education for suspending him. You already know the details.

But an absolutely fascinating order of recusal has just been entered in the Montgomery Circuit Court.

Are you ready for this?


THE RECUSAL

This matter is before the Montgomery Circuit Court upon Plaintiff’s motion for injunction and expedited hearing, filed January 30, 2015 along with Plaintiff’s verified complaint for injunction. The Montgomery County Board of Education was served by the Montgomery County Sheriff by way of service on Board Chair Alice Anderson on February 5, 2015. According to protocol of the 21st Judicial Circuit, the case drew Division II and was assigned to the Honorable Beth Lewis Maze. After review of the complaint, motion and relevant case law, it is abundantly clear that the Undersigned should recuse from hearing this case for the following reasons:

1. The Undersigned has a close personal relationship with the former Montgomery County Curriculum Director. Because of this close personal relationship, the Undersigned has been privy to information regarding the Plaintiff’s conduct. This information encompasses Plaintiff’s treatment of the former Curriculum Director, including her removal as Director and placement back into the classroom, which the Undersigned believes was in violation of KRS 161.765, Harlan County Board of Education v. Stagnolia, 555 S.W. 2d 828 (Ky.App. 1977) and OAG 77-328. Knowing these facts and having formed an opinion about the Plaintiff’s character and credibility, the Undersigned cannot be fair and impartial regarding Plaintiff Joshua E. Powell, PhD.

2. Further, Circuit Judge William E. Lane’s wife is currently employed by the Montgomery County Board of Education and Judge Lane currently has children enrolled in the Montgomery County School System. As such, Judge Lane has a conflict.

Therefore, as Chief Judge of the 21st Judicial Circuit, the Undersigned enters this recusal order on behalf of herself and Judge Lane and will be submitting this case to the Chief Regional Judge for assignment of a neutral and impartial judge.

How bout THAT? Floored!

When a Circuit Judge says in their order of recusal that Powell has broken the law, citing specific Kentucky Revised Statutes, it’s a monstrous deal.

Yep. Even Circuit Judges are saying — on the official court record — that Joshua Powell has broken the law.