LOUISVILLE, Ky. (AP) - A judge has filed a federal lawsuit accusing Kentucky’s Judicial Conduct Commission of violating his First Amendment rights.
In his lawsuit, Jefferson Circuit Judge Olu Stevens claims he was told that the commission intends to sanction, suspend or remove him from his post, The Courier-Journal (cjky.it/1UzCIiC) reported. The lawsuit was filed in U.S. District Court in Louisville.
The suit says that the disciplinary body’s action “flies in the face of the Commonwealth’s professed commitment to diversity on the bench.”
The commission is weighing possible sanctions against Stevens over comments he made last year about Jefferson County Commonwealth’s Attorney Tom Wine. In those comments, Stevens criticized Wine for asking the state Supreme Court to clarify if a judge has the legal authority to dismiss jury panels that lack racial diversity, something Stevens has done multiple times. That case is pending before the court.
Stephen Wolnitzek, chair of the Judicial Conduct Commission, said Friday that Stevens was only notified that the commission is moving forward with the case, not imposing definitive punishment.
“The commission has determined that there should be a hearing to determine whether or not a violation has occurred,” Wolnitzek said. “There’s no foregone conclusion as to what will happen at that hearing.”
Stevens has asked the federal court to find the commission violated his rights and prevent it from sanctioning him for his speech.
“This disproportionate and disparate impact on black defendants is an issue of public concern and Judge Stevens has a constitutionally protected First Amendment right to address it,” according to the suit. “This right cannot be censored or sanctioned in any way.”
A sanction could have a chilling effect, the suit said, silencing judges who might otherwise speak out about institutional racism and other public concerns.
“A judge does not check his First Amendment rights at the courthouse door,” the suit said.
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Information from: The Courier-Journal, https://www.courier-journal.com
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