"The concern is that the panel is not representative of the community," said Stevens, who brought in a new group of jurors despite objections from both the defense and prosecutor.

And this wasn't the first time Stevens, who is black, has dismissed a jury because he felt it was lacking enough minorities. Now the state Supreme Court is going to determine whether the judge is abusing his power.

On Nov. 18, after a 13-member jury chosen for a theft trial ended up with no black jurors, Stevens found it "troublesome" and dismissed the panel at the request of a defense attorney.

"There is not a single African-American on this jury and (the defendant) is an African-American man," Stevens said, according to a video of the trial. "I cannot in good conscience go forward with this jury."

A new jury panel was called up the next day.