Archive for the 'Diversity on the Bench' Category
Miami-Dade Judge Jacqueline Schwartz made remarks through her spokesman on election night about having defeated a “nondescript Hispanic.” Now she is retracting, apologizing, and saying she will ask for the courts to “participate” in judicial diversity training, according to a Miami Herald blog.
The Cuban American Bar Association said earlier in a letter to the judge that it found her remarks “troubling” and “incompatible with your duties as a judge and with the dignity of judicial office.” After Judge Schwartz defeated lawyer Frank Bocanegra for reelection, she said through her campaign manager that voters had “gone past the days when any nondescript Hispanic could go on the ballot and defeat any Anglo sitting judge.” Read more
What’s the recipe for choosing members for a Supreme Court that will deliver the soundest kind of justice? In an intriguing New Republic essay, Dahlia Lithwick suggests that a key ingredient is diversity of experience, and that it sorely lacking on the current court.
The current justices are brainy, Ivy League-trained, cloistered and removed from many realities facing the American public, she writes. Over the years, a selection process for its members has developed that “discourages political or advocacy experience and reduces the path to the Supreme Court to a funnel: elite schools beget elite judicial clerkships beget elite federal judgeships. Rinse, repeat.”
The result? Lithwick says it is “nine perfect judicial thoroughbreds who have spent their entire adulthoods on the same lofty, narrow trajectory” and a number of “confounding” opinions. Lithwick concludes: Read more
After Republicans campaigned on the notion of ending gridlock in Washington, it would be wise for Senate Republicans to help confirm judicial nominees — and expand diversity on the bench — in the lame-duck session, an advocate contends.
“The Senate should move quickly to diversify North Carolina’s all-white district court bench and confirm the first black women to Georgia’s federal bench. African-American nominees to district courts in California, Connecticut, Pennsylvania and Texas should be confirmed by the end of the session,” Leslie Proll urged in a commentary at The Root.
Proll is director of the Washington, D.C., office of the NAACP Legal Defense and Educational Fund, Inc.
Meanwhile the Associated Press reported, “Democrats’ hopes to confirm Obama nominees limited.”
“I do think we should be concerned that virtually all of us are from two law schools,” says U.S. Supreme Court Justice Clarence Thomas, according to an Associated Press article.
All nine justices of the U.S. Supreme Court attended either Yale or Harvard University, leading to Thomas’s concern over “such a strong Northeastern orientation.”
Justice Sonia Sotomayor broadened the concern to include the lack of diverse legal experience, saying that most of the justices come from big law firms and few from middle courts.
“We need diversity of not just life experience, but legal experience,” Sotomayor said. Their remarks came at an event at Yale honoring alums on the Supreme Court. For information about the benefits of diversity see Justice at Stake.No comments
A vacant seat on the Eleventh U.S. Circuit Court of Appeals constitutes a “judicial emergency,” and when a nominee is selected, top consideration should be given to promoting racial diversity, states an Al.com op-ed by Leslie M. Proll, director of the Washington, D.C. office of the NAACP Legal Defense & Educational Fund, Inc.
Alabama is allotted three seats on the 12-seat bench of the Court of Appeals for the Eleventh Circuit, but the court has been short one judge from Alabama for over a year. Proll writes that for the past 123 years, there have only been white males representing Alabama on the federal appellate court. The Eleventh Circuit “has the highest percentage of African-American residents (25%) of any circuit in the country, yet only one of its twelve judges is African-American.” This correlates with a Pew Research Center poll that found 68 percent of African-Americans viewed the court system as unfair, but only 27 percent of white Americans held the same opinion.No comments
A report was issued by The New York State Bar Association (NYSBA), titled “Judicial Diversity: A Work In Progress,” with a press release by readMedia. Within the report are detailed numbers about how well the New York judiciary reflects the racial, ethnic, and gender composition of the state.
“Diversity matters,” the report begins. “But nowhere is it more important than in the judiciary, the branch of government charged with safeguarding our country’s constitutional democracy and dispensing justice to its citizenry.” The report provides a detailed breakdown of the data per judicial district as well as analysis for the possible reasons behind the lack of diversity in certain areas.
“Diversity long has been a goal of the State Bar Association,” said NYSBA President Glenn Lau-Kee, “This report highlights that achieving judiciary diversity indeed is a work in progress.”No comments
On September 14, Arizona Supreme Court Chief Justice wrote an op-ed on why he believes Arizona has some the best judges (see Gavel Grab). Its merit selection system “results in a judiciary that is highly qualified and of diverse backgrounds,” he noted.
However, former president of the Hispanic National Bar Association Mike Martinez disagrees in a commentary published in azcentral.com.
The Arizona system “detects and excludes an identifiable group of attorneys from the judiciary,” says the commentary, contending “the exclusion of Hispanic attorneys is not happenstance, but the result of predictable political orchestration.” Read moreNo comments
The proportion of black judges in Florida has declined for the first time in over 25 years, reports a South Florida Sun Sentinel editorial. Only 6.5 percent of 974 judges are African-American, down from a high of 7 percent. Much of the blame has been pointed at Florida Gov. Rick Scott.
Out of 159 judicial appointments, Scott has appointed nine black judges. Of those nine however, six have been to “lower court benches that handle traffic and misdemeanor cases or compensation claims for job-related injuries.”
Scott’s immediate predecessor and present Democratic opponent Charlie Crist appointed 14 black jurists out of 180 appointments in the same time frame, and eight of those were for high court benches.
The “gold standard” was set by former Gov. Jeb Bush who appointed 22 black judges, again in the same time frame, according to the editorial.
“Florida remains a growing state with an increasingly diverse population. If the state courts want to maintain their legitimacy,” the editorial says, “especially among minorities and women, their makeup must keep pace with the people they serve.”
Florida Gov. Rick Scott is back in the media spotlight over his handling of diversity on the bench. A lengthy Miami Herald/Tampa Bay Times article says Scott has appointed fewer African-American judges than did either of his two predecessors during a corresponding time period.
“What I’m focused on is making sure that the people I appoint understand that there are three branches of government and that they don’t get to legislate,” said Scott, a Republican. “They don’t get to pass laws, just like I don’t get to pass laws.”
“He has no interest in diversity,” said state Sen. Arthenia Joyner, a Democrat and Legislative black caucus member. “He wants to stack the courts with people who think like him. It’s that corporate mentality that he brought to the governor’s office.” Read moreNo comments
There is still room for greater diversity on the U.S. Supreme Court, after considering gender, race and ethnicity, Justice Sonia Sotomayor said in Oklahoma City last week.
“We don’t have one criminal defense lawyer on our court,” she said, according to a Wall Street Journal Law Blog post. In addition, there are no justices on the bench from solo practices or having big law experience, she said.
“The president should be paying attention to that broader diversity question,” Justice Sotomayor remarked. Read moreNo comments