The judge presiding over Brooks Houck's murder trial will stay on the case.
Last month, Houck's attorneys asked the high court to remove Simms, arguing his "impartiality might reasonably be questioned from the perspective of a reasonable observer who is informed of all the surrounding facts and circumstances."
The chief justice wrote that Judge Charles Simms III "should have been afforded an opportunity to grant or deny a motion for recusal” himself before a higher court gets involved.
Brooks Houck is asking that Judge Charles Simms III be disqualified from his murder case due to what he calls a bias against him.
The disappearance of Crystal Rogers has haunted a community for eight years, but it's impact brings along another tragedy: a 10-year-old boy who's mother is presumed dead and who's father now charged with her murder.