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Judge Refuses To Step Down From Teacher 'Sick-Out' Case

Governor Matt Bevin's legal team has failed to persuade a judge to step aside from hearing a lawsuit stemming from protests that shut down some schools. Wednesday Franklin County Circuit Judge Phillip Shepherd denied a motion asking that he disqualify himself from the case.

The lawsuit filed by Attorney General Andy Beshear challenges the state Labor Cabinet's authority to investigate protesting teachers. Beshear, a Democrat, is challenging Bevin in this year's election.

Bevin's legal team says Shepherd should step aside because he "liked" a Facebook post praising Beshear campaign volunteers.

Shepherd says he's also "liked" posts promoting Republicans. He says it's an "extreme" stretch to believe an isolated Facebook "like" of a campaign-related post should automatically disqualify a judge from hearing a case that could affect the campaign.