Legal Ethics

Judge agrees to suspension for Facebook comments, says he doesn't believe prosecutor is a racist

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A judge in Louisville, Kentucky, agreed to a suspension for his Facebook comments on Monday and said in an apology that he doesn’t believe a prosecutor is racist.

Judge Olu Stevens resolved his ethics case when he agreed to a 90-day suspension, report the Louisville Courier-Journal, Courthouse News Service, the Associated Press and WDRB, which printed Stevens’ statement.

Most of the ethics charges concerned Stevens’ comments about Jefferson Commonwealth’s Attorney Tom Wine, who had filed an appeal contesting Stevens’ authority to dismiss juries based on racial composition. Stevens had claimed Wine was appealing “to protect the right to impanel all-white juries.”

“I recognize how serious it is to accuse someone, either expressly or implicitly, of racism,” Stevens said in his statement. “I do not believe Tom Wine is a racist. I apologize for any statements that implied as much.”

Stevens also said he should not have criticized a victim impact statement by a mother who said a home invasion and robbery had left her daughter with a fear of black men.

“While I maintain that we should continue to speak against racial stereotyping or discrimination of any kind,” Stevens said, “I acknowledge that directing my frustration at the victims of the crime was not the appropriate method or venue to address the subject.”

Wine said in a statement that he has no personal animosity toward Stevens and accepts the apology.

Stevens dropped a lawsuit last week that contended the Judicial Conduct Commission was violating his First Amendment rights, according to the Courier-Journal.

Related coverage:

ABAJournal.com: “Embattled Kentucky judge who highlighted jury diversity issues agrees to paid suspension”

ABAJournal.com: “Court-ordered mediation ends judge-prosecutor dispute; blanket disqualification motion is dropped”

ABAJournal.com: “Offended by victim-impact statement, judge comments on Facebook; is it an ethics violation?”

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 Face

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