Commonwealth v. Brandenburg

I respectfully dissent on the basis that the majority extends our previous decisions too far. Though we recognize that, “the appearance of impartiality is next in importance only to the fact [of impartiality],” Wells v. Walter, Ky., 501 S.W.2d 259 (1973), the situation in this case only appears partial at first glance. Even though the trial commissioner’s husband works for the Commonwealth Attorney in the capacity of a victim advocate, he is not involved in prosecuting criminal defendants beyond counseling victims and is precluded from practicing law in any capacity. KRS 15.760. Though the…