Kentucky Chief Justice Recuses Judge Over Posts Saying Top Prosecutor Wants ‘All-White’ Juries

by | Nov 24, 2015 | Blog | 0 comments

Kentucky Chief Justice John Minton took the unusual step of removing a judge from two cases after the judge, Olu Stevens, refused to recuse himself following a request by prosecutors, who argued Stevens had shown bias against Commonwealth’s Attorney Tom Wine in Facebook postings.

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In an order Tuesday afternoon, Minton disqualified Stevens from presiding over an assault trial that started earlier in the day, ruling prosecutors had “demonstrated disqualifying circumstances that require the appointment of a special judge.”

Prosecutors had asked Stevens to recuse himself from two cases – and potentially all cases in front of him – arguing comments he has made on Facebook about Wine regarding the race of jurors shows bias.

Assistant Commonwealth’s Attorney Dorislee Gilbert argued in motions and in court on Tuesday that Stevens has accused Wine in Facebook posts of wanting “all-white” juries to decide verdicts in cases with black defendants.

Stevens’ Facebook postings came after a WDRB story last month reporting that Wine had asked the state Supreme Court to determine whether the judge was abusing his power by dismissing a jury because he felt it was lacking enough black people.

Stevens has written on Facebook that Wine was going to the Kentucky Supreme Court to “protect the right to impanel all-white juries” and that “is not what we need to be in 2015.

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Do not sit silently. Stand up. Speak up.”

But Stevens overruled the motion, presiding over a guilty plea in one case and starting a trial in the other.

“I disagree with Mr. Wine about a lot of things but I can still do my job and I will do it,” Stevens said during the hearing Tuesday.

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“I will be fair and impartial.”

Minton, however, ruled a few hours later, granting the motion from prosecutors and ordering Chief Jefferson Circuit Court Judge McCay Chauvin to choose a different judge to preside over the assault trial.

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