Is This Judge Doing A Better Job Of Being The Defense Attorney Than The Defense Attorney?

Did this judge do the right thing?

Last week, a black man was on trial in Louisville, Kentucky. That is not a particularly unique fact. But what was different was how the judge, Olu Stevens, handled jury selection. After it became apparent there would be no African Americans on the jury, Judge Stevens dismissed the entire jury panel and requested a new one.

Lest you think this was a one-off, or Judge Stevens was in a cranky mood, it was not the first time he’s played this hand. Last year, he did the same thing and, according to WDRB, lack of diversity on juries has been an issue in the county:

Jefferson County has long had a problem with minorities being underrepresented on local juries. Several black defendants have complained over the years that they were convicted by an all-white jury — not of their peers.

The Racial Fairness commission — a group made up of local judges, lawyers and citizens — has studied the issue for years, monitored the make-up of jury panels and found them consistently lacking in minorities.

For example, in October, 14 percent of potential jurors were black, far below the estimated 21 percent for all residents of Jefferson County, according to records kept by the commission. In September, 13 percent of potential Jefferson County jurors were black.

“It’s a problem,” said Appeals Court Judge Denise Clayton, head of the commission. “We are not hitting that representation.”

So there is an identified problem with the system, and Judge Stevens found a way to do something about it. But should he have?

According to Jefferson County Commonwealth’s Attorney’s Office and Attorney General, no, he shouldn’t have. And they’ve asked the Kentucky Supreme Court to look into whether Judge Stevens has the authority to dismiss the juries based on a lack of diversity, and the court has agreed to hear arguments on the issue.

The racial makeup of juries — particularly for minority defendants — is a sensitive one. It remains to be seen if Judge Stevens has hit on an actual solution.

Louisville judge questioned for dismissing juries based on lack of minorities [WDRB]

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