It is at least the third time in the last year the issue of race has come up in Stevens' courtroom. Stevens, who is black,
had stopped hearing cases for a few weeks in the wake of a scolding by Kentucky's chief justice and an ongoing investigation by the Judicial Conduct Commission over his comments alleging top prosecutor Tom Wine wants "all-white" juries.
And last February, Stevens came under fire for
criticizing the victims of an armed robbery for "fostering" the views of their 5-year-old daughter. The parents said in court records that the daughter was still scared of black men after two had held the family at gunpoint.
"I'm offended by that. I'm deeply offended by that. That they would be victimized by anindividual, and then express some kind of fear of all black men," Stevens said at the time. "I wonder if the perpetrator had been white, would they be in fear of white men? The answer would probably be 'no'."
Last month Kentucky Chief Justice John Minton denied a request to disqualify Stevens from criminal cases because of posts he made on social media about Commonwealth's Attorney Wine and his staff about the racial makeup of juries. But while Minton harshly criticized Stevens, he referred the request to the Judicial Conduct Commission for possibledisciplinary action.
It is unknown when thecommission will rule on whether Stevens has violated the code of judicial conduct.