MOUNT VERNON — Chief Justice Thomas Moyer denied a motion by Scott Pullins last week to force Judge Otho Eyster to remove himself from a local case.
In a lawsuit filed by Pullins’ wife against the Apple Valley Property Owners Association, Pullins argued that Eyster was personally biased against him and “acted with utter contempt and disdain” for Kathryn Pullins and her family. Pullins also said that Eyster shouted at him, “lectured and scolded” him, and brought in his own evidence.
Eyster denied in writing that he has ever treated Pullins with contempt or disdain, and Moyer found no basis for ordering the disqualification of Eyster.
Pullins also said that Eyster’s wife posed a conflict of interest. According to court records, Pullins said that because Eyster’s wife is the president of the Foundation for Knox Community Hospital board, the AVPOA “essentially employs or otherwise supervises” her. Moyer said that Eyster’s “thorough explanation of his wife’s employment, coupled with a lack of evidence supporting this allegation” convinced him the neither Eyster nor his wife had any interest in this case.
Pullins further complains that because Eyster once filed a disciplinary grievance against him that Eyster is personally biased. According to court records, Kathryn Pullins “says she believes that Judge Eyster filed disciplinary complaints to discredit her husband because the judge thinks [Scott Pullins] may challenge him in an upcoming election.”
Moyer said that “Pullins’ mere belief demonstrates a lack of personal knowledge regarding this allegation.”
“Pullins has failed to demonstrate clearly the existence of bias, prejudice or other disqualifying interest that requires Judge Eyster’s removal from the underlying case,” said Moyer. “A judge is presumed to follow the law and not to be biased, and the appearance of bias or prejudice must be compelling to overcome these presumptions. Those presumptions have not been overcome. The case may proceed before Judge Eyster.”