Judge Olu Stevens again removed from case

Embattled Circuit Judge Olu Stevens again has been pulled from a criminal trial at the request of Jefferson Commonwealth's Attorney Tom Wine over the judge's public comments criticizing Wine.

The state's Chief Justice John D. Minton Jr. disqualified Stevens from the case, set for trial Tuesday, finding Wine showed "disqualifying circumstances" in his motion, according to Minton's brief two-page order issued late last week.

Citing new information that "seems to confirm the depth of Judge Stevens' extreme distaste for my office," Wine argued Stevens could not fairly proceed over the case of defendant Tracy Anthony, who is facing exploitation, burglary and theft charges.

In an affidavit filed Thursday, Wine said a trial would mean the judge would preside over jury selection. Stevens has denounced Wine on the topic in a series of Facebook posts, saying the prosecutor was a racist seeking all-white juries.

Wine specifically mentioned a November 2015 presentation Stevens gave at the Louisville Bar Association during which Stevens compared Wine to "those who stood in the doorways of schools to prevent desegregation," Wine wrote.

During the presentation, Wine noted, Stevens called himself a "'community activist'" who is "'screaming from the mountaintops.'"

Wine claimed the victims in the Anthony case also independently questioned Stevens' impartiality ahead of trial.

Wine: Cursing rant shows Stevens broke deal

Commonwealth Attorney's Office spokesman Jeff Cooke said prosecutors will evaluate any future recusal motions on a "case-by-case basis, as we think the situation demands." Stevens did not immediately respond to an email request for comment.

Stevens' comments stem from Wine's decision to seek clarification from the state Supreme Court on the legality of Stevens' striking of a jury in November 2014 in which the one potential black juror was removed at random.

Stevens maintained on Facebook that he dismissed the jury panel because it was a "substantial departure from the racial make-up of the average jury panel."

Adam Satterly apologizes to Judge Olu Stevens

Some criminal defense lawyers and civil rights leaders have applauded Stevens for advocating for greater minority representation on juries; Wine has said repeatedly he is no racist and only wants the state Supreme Court to clarify a judge's powers.

That case is still pending before the high court.

The public discord began in November when Wine sought Stevens' removal from a few, then ultimately all, criminal cases, citing the social media posts that he said showed bias toward his office and prosecutors.

Letters on Olu Stevens take both sides

Minton ordered the two into mediation. A mutual agreement lasted little more than a week before Wine argued Stevens broke its terms and he reinstated his motion before the chief justice.

While he said it was not within his powers to remove Stevens from all criminal cases, Minton did harshly rebuke Stevens and referred the matter to the state Judicial Conduct Commission, which would determine if the judge violated the Code of Judicial Conduct.

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