A recent order from a Fayette County judge which featured heavy criticism of the Fayette Commonwealth Attorney’s Office has prompted local prosecutors to ask the judge to recuse herself from another case — which could cause delays in a murder trial.

Fayette Commonwealth’s Attorney Kimberly Baird asked Fayette Circuit Judge Julie Goodman to recuse herself from a murder case against Darryl Russell, just days before his trial, because Baird alleges Goodman has a personal bias and isn’t impartial. Goodman indicated in a court hearing Thursday that the decision on whether or not to recuse herself could affect a handful of cases that Baird and Goodman are involved in. They’re set to discuss the issue further on Feb. 1.

Russell, 53, is scheduled to go to trial Monday. He was charged in March 2022 with the murder of 18-year-old Darian Webb, the son of Russell’s longtime girlfriend. Russell also faces charges of fourth-degree assault and being a convicted felon in possession of a gun, according to court documents.

The argument began between Webb and Russell when Webb attempted to defend himself and his mother, who were subjected to years of mental, emotional and physical abuse at the hands of Russell, Baird recounted in her 19-page motion for Goodman to recuse herself.

Baird’s request for Goodman to step down from the case comes just weeks after Goodman accused Baird’s office of seeking disproportionately harsh punishments against minority defendants while dismissing a murder case which involved a Black defendant, Cornell Thomas, who had been involved in a fatal wreck.

Baird referenced in her motion several statutes and supreme court rulings that determine a judge must be impartial and fair. Baird also listed two other cases she found Goodman to be biased against prosecutors.

“A judge who manifests bias on any basis in a proceeding impairs the fairness of the proceeding and brings the judiciary into disrepute,” the motion read. “Facial expression and body language, in addition to oral communication, can give parties or lawyers in the proceeding, jurors, the media and others an appearance of judicial bias.”

Baird alleged in her motion that during a bond hearing in 2022 in Russell’s case, Goodman rolled her eyes at prosecutors during their arguments, cut them off from speaking, and blamed the victim and his mother — listed in court documents as L.M. — for her son’s death because of her continued relationship with Russell.

At that hearing, Goodman lowered the defendant’s bond from $755,000 to $50,000, according to court documents.

Baird said, without a doubt, the court’s impartiality is reasonably questioned.

“This court has blamed L.M. for the death of her son. this court has blamed the victim for his own death. The court rolled its eyes at L.M. for her expressions of grief during a hearing. With these statements, impartiality is not just questioned, but established as the court has already made its own finding of guilt,” the motion reads.

“Given the hostile tone, lack of respect and eagerness to blame the victims, this court must recuse.”

The motion from Baird said the order issued in the Thomas case was another factor which showed Goodman’s alleged bias. Baird listed 24 instances and on-the-record comments allegedly made by Goodman to support her claim.

“The Commonwealth has valid concerns that this Court cannot try this case in a free, disinterested, impartial, and independent manner,” Baird wrote. “Unfortunately, during its 5-year tenure in Circuit Court, this Court has made it abundantly clear that it does not treat the Commonwealth with the respect and fairness that is accorded the defense bar.

“Moreover, the Commonwealth has serious concerns how the Court’s statements during the bond hearing and its opinion in Thomas, reflects upon the Commonwealth’s ability to receive a fair trial.”

Goodman’s office didn’t immediately respond to a request for comment from the Herald-Leader Thursday following the court hearing.