Embattled Kentucky judge who highlighted jury diversity issues agrees to paid suspension
An embattled Kentucky judge who has taken an unusually public position in an ongoing battle with the local commonwealth’s attorney concerning jury diversity has agreed to a paid suspension as he awaits a trial in a legal ethics case.
Jefferson Circuit Judge Olu Stevens “determined that it was in the best interest of all of the parties and the community to enter into this agreement” with the Judicial Conduct Commission on Friday, said the judge’s lawyer, Larry Wilder, in a written statement. “Now we can all focus on the issues at hand regarding the First Amendment and the alleged misconduct.”
The Louisville Courier-Journal and WHAS have stories.
A hearing to determine whether Stevens should be suspended with pay had been scheduled for this week.
Stevens at several points took to Facebook to explain his position over the past year. He and Commonwealth’s Attorney Tom Wine disagreed on the judge’s power to call a halt on criminal cases which were going to be decided by an all-white, or nearly all-white, jury. Wine’s office sought a blanket recusal of Stevens from all of its cases without success.
In a December 18 opinion (PDF), the Kentucky Supreme Court’s chief justice discussed a number of issues, including the judge’s social media comments. But Chief Justice John D. Minton hesitated to issue a blanket recusal due to due-process concerns and denied the motion. Instead, pointing to a “substantial likelihood” that Stevens had violated the Kentucky Code of Judicial Conduct, Minton referred the matter to the Judicial Conduct Commission for resolution.
Last week, the commission announced six ethics charges against Stevens concerning both his disputes with Wine and a February 2015 hearing at which he criticized the parents of a 3-year-old who said she was fearful of black men after a home invasion by black defendants.
Related coverage:
ABAJournal.com: “Court-ordered mediation ends judge-prosecutor dispute; blanket disqualification motion is dropped”
ABAJournal.com: “New Facebook post by judge on lack of jury diversity sparks new recusal motion”
ABAJournal.com: “Appeals court stops case mid-trial, in latest judge-prosecutor dispute over jury diversity”
ABAJournal.com: “Judge sues judicial conduct commission claiming 1st Amendment right to criticize system on Facebook”
