FRANKFORT, Ky. — The Kentucky Supreme Court is leaving the decision over whether or not the special judge over a former Letcher County sheriff’s murder trial will remain on the case up to the judge, himself.

Former Sheriff Shawn Mickey Stines is charged with murder for the Sept. 19, 2024, shooting death of Letcher District Judge Kevin Mullins in the judge’s chambers.

Last month, Stines’ attorneys asked that Special Judge Christopher Cohron be removed from the case, citing a potential conflict because the two men attended a meeting of the Kentucky Judicial Commission on Mental Health and sat next to each other just one week prior to the shooting. The motion also noted the judge’s refusal to allow the defense to present Stines’ psychiatric report at an upcoming bond hearing also suggested bias.

In an order issued Tuesday afternoon, the court noted that the defense’s motion was ambiguous as to whether it was requesting that Cohron remove himself from the case or that Chief Justice Debra Lambert appoint a new judge. Regardless, the court weighed in on the matter, deciding to allow Cohron to determine whether or not to recuse himself, without ruling on the merits of the request.

In the event he decides to keep himself on the case, the defense will be given an opportunity to ask Deputy Chief Justice Robert Conley to review the case.

There is no timeline given for when Cohron could rule on the matter.

A copy of the court’s order follows: