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Supreme Court of Kentucky FROM THE 30th JUDICIAL CIRCUIT

JEFFERSON CIRCUIT COURT, DIVISION 6

IN RE: MOTION TO DISQUALIFY THE HONORABLE OLU A. STEVENS

FROM PRESIDING IN ALL CRIMINAL MATTERS IN THE 30th JUDICIAL CIRCUIT, DIVISION 6

ORDER

This matter is before the Chief Justice upon the certification of the Jefferson

Circuit Court Clerk of the motion and affidavit of the Commonwealth’s Attorney for

the 30th Judicial Circuit, the Honorable Thomas B. Wine, to disqualify the

Honorable Olu A. Stevens, Judge, 30th Judicial Circuit, Division 6, from presiding

in all criminal cases.

The Commonwealth’s Attorney asserts that Judge Stevens must be

disqualified from all criminal cases because he has violated the Code of Judicial

Conduct by commenting widely and publicly on a pending case and, in so doing,

has maligned the Commonwealth’s Attorney to the extent that the judge’s

impartiality might reasonably be questioned in all pending criminal matters

prosecuted by the Commonwealth’s Attorney or his assistants.

By orders entered November 17, 2015, the Chief Justice granted the

Commonwealth Attorney’s motions to disqualify Judge Stevens in Commonwealth

of Kentucky v. Chauncey Sellers, 14-CR-03357, and Commonwealth of Kentucky v.

Daisy Hodges, 15-CR-00621, concluding that the “Commonwealth’s Attorney has

demonstrated disqualifying circumstances that require the appointment of a

special judge under KRS 26A.020.” While the pending motion raises similarly

disqualifying circumstances, the Chief Justice recognizes that the disqualification

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of any circuit judge from all criminal cases on his or her docket is a decision with

significant consequences for our justice system. A disqualification order of that

magnitude may well delay justice for litigants in the affected court, require

appointment of special judges or the transfer of the disqualified judge’s cases to

other courts already confronted with heavy dockets of their own, and leave the

disqualified judge unable to perform fully his constitutional duties. In sum,

disqualification from all criminal cases would be highly disruptive not only for the

litigants but for the justice system as a whole.

In the interest of avoiding systemic disruption and, more importantly, of

restoring confidence in the fair and impartial administration of justice in the 30th

Judicial Circuit, Division 6, the Chief Justice ORDERS the following:

(1) The Commonwealth’s Attorney’s motion to disqualify Judge

Stevens is held in abeyance until further order of the Chief

Justice;

(2) Judge Stevens and Commonwealth’s Attorney Thomas B. Wine

must forthwith engage in mediation conducted by a four-person

mediation panel designated by the Chief Justice;

(3) The mediation must occur no later than Saturday, December 5,

2015, and the results must be reported to the Chief Justice.

Entered this 2nd day of December 2015.

______________________________ CHIEF JUSTICE

Copies to: Olu A. Stevens, 30th Judicial Circuit, Division 6

Thomas B. Wine, Commonwealth’s Attorney, 30th Judicial Circuit Clerk, Jefferson Circuit Court