Matthew Glowicki

@MattGlo



A months-long legal saga over judicial ethics violations – entangled in discussion of race, juries and fairness of the criminal justice system – ended swiftly in court Monday where Jefferson Circuit Judge Olu Stevens accepted a 90-day unpaid suspension and offered an apology.

Most of the judicial misconduct charges levied by the state’s Judicial Conduct Commission arose from social media and other comments in which Stevens attacked the county’s top prosecutor, Commonwealth’s Attorney Tom Wine, alleging he was a racist who wanted to preserve the right to all-white juries.

“My intent in making these comments was to emphasize the need to have jury panels that reflect our Commonwealth’s racial and ethnic diversity so that all individuals can receive fair trials,” Stevens read in court from a prepared statement.

In 2014, Stevens dismissed a nearly all-white jury panel of 41 prospective jurors at the request of a defense attorney on behalf of an African-American defendant.

Wine then asked the Kentucky Supreme Court to clarify if a judge has the legal authority to dismiss jury panels that lack racial diversity if there isn't evidence of systemic or intentional exclusion.

But in fall 2015, after the Kentucky Supreme Court agreed to take up the case, Stevens expressed his frustrations on his personal Facebook page as well as during a speaking engagement at the Louisville Bar Association.

Stevens apologized Monday for broadening his comments to include critiques on Wine and his motives rather than a sole focus on racial representation.

“I realize now that this was wrong,” Stevens said Monday, adding later he doesn’t believe Wine is a racist.

“I apologize for any statements that implied as much,” he added.

Arguments by both sides were expected at the hearing Monday before the commission members, however, it was announced at the start of the gathering that the parties had reached an agreement.

The mutually agreed upon unpaid suspension was effective immediately and lasts through Oct. 30. Since April, Stevens has been suspended with pay while other judges handle his cases in his courtroom.

As part of the agreement, Stevens promised to not retaliate against anyone involved in the process and to not make statements that disavow his in-court statement or admissions of guilt.

In a statement released Monday morning, Wine said he accepts Stevens’ apology.

“I have had no personal animosity towards Judge Stevens and I have none now,” he wrote. “I believe my energies and focus are better spent working for justice and fairness with our criminal justice partners and protecting victims of crime.”

Supporters of Stevens, including his wife who sat in the front row of the gallery, filled the right side of the courtroom.

An attorney for the commission, Jeffrey Mando, read each count aloud and cited the judicial conduct code violated.

“Do you admit?” he asked.

“I admit,” Stevens replied, standing alongside Louisville attorney Kimberly Bunton and Baltimore attorney Jon Wyndal Gordon.

One of the eight counts, in which it was alleged Stevens ignored a state Court of Appeals’ order, was dismissed.

Stevens also apologized for criticizing the victims of a home invasion who told the court their daughter was afraid of black men, the same race of the defendants in the case.

In court, Stevens said he was offended by the comments because they perpetuated negative racial stereotypes.

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

The commission approved the terms of the agreement by a 6-0 vote. Stevens faced possible discipline up to and including removal from the bench.

Last week, Stevens dropped a federal lawsuit he filed in April against the commission in which he alleged the disciplinary body was seeking to silence him and violate his First Amendment rights. He argued in the suit he not only had the right, but the duty to speak out on topics of vital public concern and that the commission's filing of charges "flies in the face of the Commonwealth's professed commitment to diversity on the bench."

The legal question before the Kentucky Supreme Court is pending.

Reporter Matthew Glowicki can be reached at 502-582-4989 or mglowicki@courier-journal.com.