Yesterday, the Kentucky Supreme Court heard a case involving Jefferson County Circuit Judge Olu Stevens and his dismissal of a jury because the jury was lacking racial diversity.
The arguments from attorneys were focused on two questions: 1. Can a black defendant receive a fair judgement from a jury composed of all white people; and 2. Did Judge Olu Stevens have the authority to dismiss a jury because of its racial make-up?
According the US Supreme Court, jury pools must be selected randomly. According to the Constitution, juries must represent the community. This allows, potentially, for legal problems since a random selection is not likely to accurately represent the diversity within a given community.
This hearing is separate from the Judicial Conduct Commission hearing that Judge Olu Stevens will have to attend in the future regarding his suspension from the bench.