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.
There's not a single judge known to me, and I know many both personally and before whom I appear regularly, who could interpret the Ky. confusion any differently than the judge in question. What is there about ''due process of law'' that bothers you? Before a person can either be adversely subjected to or benefit from a statue it must be capable of clarity and that such a person must know that he is either criminally subject to it or protected by it. In neither instance is the Ky. statute possesed of that clarity and sufficient to make a person knowlegable of what it means when applied to him.