Justice Sotomayor Criticizes Judge Over Juror Arrest

October 6, 2026, 11:58 am CDT U.S. Supreme Court Justice Sonia Sotomayor speaks in the Great Hall of the Supreme Court on Dec. 18, 2023, in Washington, D.C. (Photo by Jacquelyn Martin-Pool/Getty Images) U.S. Supreme Court Justice Sonia Sotomayor on Monday rebuked an Alabama judge who had a prospective juror arrested for being late to court, warning that doing so could scare other members of the pool and make them less effective if chosen. According to Law360 , her comments came in a short written statement issued as the Supreme Court declined to take up the capital murder case of Steven Mulkey, who had argued that the arrest of the prospective juror in full view of other members of the pool had deprived him of a fair trial. Concurring with the denial of certiorari, Sotomayor said she saw no basis for review because Mulkeys lawyers did not object to the arrest at the time. Nevertheless, she cautioned that judges should be more cognizant of the effect that their actions could have on the ability of defendants to get a fair trial, pointing out that jurors might get scared and do what they think that the judge wants instead of focusing on upholding their oaths to weigh the facts and evidence impartially. The record here amply demonstrates how a judges conduct can have a profoundly negative impact on members of the jury pool, she wrote. Such conduct may affect not only what potential jurors are willing to say in front of the judge but also whether they will apply their independent judgment instead of following what they perceive the judge may personally think. The incident happened in April 2023 after Judge Alaric May of the 10th Judicial Circuit Court of Alabama held a prospective juror in contempt of court for arriving late. According to Law360, several prospective jurors said they feared landing in trouble themselves if their answers displeased him. Lawyers for Mulkey did not respond to Law360s request for comment.