Special interest legislation drafted by lobbyists and passed quickly by legislators anxious to appear fighting crime, or whatever the subject may be, is often the worst drafted, least precise and inarticulate mess that shows up in state and federal statues. When anyone schooled in statutory interpretation looks at a jumbled mess of words such as this it's easy to recognizes that it is unintelligable. The langusge of the Ky. statute is just that. Does the judge find immunity? His job is not as a fact finder unless a party waives a jury trial.
The law professor is an objective and learned observer whom I would trust to make such a conclusion vis-a-vis a kneejerk reaction.
This judge is refusing to apply the law. That makes her the 'activist'.
Do you happen to know the citation for this law? I'd like to take a look at it for myself.