State Bar of California Council on Access & Fairness Beauty and the Bench: The Judicial Perspective Panelists: Hon. Brenda Harbin-Forte , Alameda County Superior Court Chair, Judicial Committee, State Bar Council on Access & Fairness Hon. Erica Yew, Santa Clara County Superior Court Hon. Robert Tafoya, Kern County Superior Court Hon. Kevin Mc. Carthy, San Francisco County Superior Court Fredericka Mc. Gee, Esq. , General Counsel, Office of the Speaker, Assemblymember John A. Perez Moderator: Christine Noma, Esq. , Partner, Wendel, Rosen, Black & Dean, LLP California Minority Corporate Counsel Program September 30, 2010 – San Francisco
State Bar of California Council on Access & Fairness FIRST, A WORD FROM OUR SPONSOR: Note: All Access & Fairness activities are funded through voluntary contributions to the State Bar. No mandatory attorney dues are used for these activities. (Keller and Brosterhous Limitations)
2020 Projections for California State Bar of California Council on Access & Fairness
State Bar of California Council on Access & Fairness Racial/Ethnic Minorities in the Professions in California
State Bar of California Council on Access & Fairness California State Bar Diversity 2001 Survey 148, 000 Active Bar Members 2006 Categories 2004 CA Survey Census 154, 500 Race/Ethnic Minorities African American 2. 4% 1. 7% 6% Latino/Hispanic 3. 7% 3. 8% 35% Asian/Pacific Is. 6. 0% 5. 3% 12% Other/Mixed 4. 9% 4. 8% 3. 6% Total Minorities 17. 0% 15. 6% 56. 6% Women 32. 0% 34. 0% 50. 7% LGBT 2. 4% 5. 2% 2. 1% Disabilities 4. 0% No data 17. 4%
State Bar of California Council on Access & Fairness Race/Ethnicity Statistics State Bar of California Demographics 1991 to 2004 Race/ Ethnicity State Bar 1991 Data California 1990 Census State Bar 2001 Data California 2000 Census State Bar 2006 Data California 2004 Census African American 2. 0% 7% 2. 4% 6. 7% 1. 7% 6% Asian Pacific Islander 3. 0% 9% 6. 0% 11. 2% 5. 3% 12% Hispanic/ Latino 3. 0% 26% 3. 7% 32. 4% 3. 8% 35% Other Minority 1. 0% 1% 4. 9% 3% 4. 8% 3. 6% Total Minorities 9. 0% 43% 17. 0% 53. 3% 15. 6% 56. 6% Caucasian 91. 0% 57% 83. 0% 46. 7% 84. 4% 43. 4%
State Bar of California Council on Access & Fairness Gender Statistics State Bar of California Demographics 1991 to 2001 Women in the Profession State Bar 1991 Data California 1990 Census 26. 0% 49. 94% State Bar 2001 Data California 2000 Census State Bar 2006 Data California 2004 Census 32. 0% 50. 2% 34. 0% 50. 7%
State Bar of California Council on Access & Fairness LGBT Statistics State Bar of California Demographics 1991 to 2001 LGBT in the Profession State Bar 1991 Data California 1990 Census State Bar 2001 Data California 2000 Census State Bar 2006 Data California 2004 Census 3. 0% *** *** 5. 2% 2. 1% *** Statistics not available
Attorney Demographics in the Private Sector vs. Large Firms State Bar of California Council on Access & Fairness Minority Statewide Population African American Asian Pacific Islander Hispanic/ Latino 53. 3% 6. 7% 11. 2% 32. 4% PARTNERS Minority California African American Asian Pacific Islander Hispanic/ Latino 4. 04% 1. 38% 1. 31% 1. 2% ASSOCIATES Minority California African American Asian Pacific Islander Hispanic/ Latino 14. 63% 4. 07% 7. 01% 2. 96%
State Bar of California Council on Access & Fairness WHY VALUE JUDICIAL DIVERSITY? • “In my view, a diverse bench not only will maintain and enhance our state’s tradition of having an excellent judiciary, but also will serve to reinforce our guiding principle – that we are committed to making our justice system fair and accessible to all. – Chief Justice Ronald M. George, Welcoming remarks, “Continuing a Legacy of Excellence: A Summit on Diversity in the Judiciary”, June 2006, San Jose, CA, convened by the State Bar
State Bar of California Council on Access & Fairness WHY VALUE JUDICIAL DIVERSITY? • “When you recognize that, in the United States, it is the ability to petition our courts for fairness that keeps people from seeking justice in the streets, then you understand that diversity in the legal profession is critical for democracy to survive. ” – Judge Dennis Archer (Ret. ), Past ABA president
State Bar of California Council on Access & Fairness WHY VALUE JUDICIAL DIVERSITY? • “The benefits of a judiciary that is diverse go beyond the symbolic. We require jury pools to be representative of the community not just because it reduces the perception of bias, but because it reduces the actual opportunity for bias. The benefits that accrue from having 12 diverse viewpoints on a jury are similarly present when it comes to diversity on the bench…. ” Editorial, American Judicature Society Magazine, March/April 2010 ed.
State Bar of California Council on Access & Fairness WHY VALUE JUDICIAL DIVERSITY? • “…Judges can and do influence each other. They exchange ideas on and off the bench. A judiciary that is comprised of judges from differing backgrounds and experiences leads to an interplay and exchange of divergent viewpoints, which in turn prevents bias, and leads to better, more informed decision making. Diversity of opinion among decision makers encourages debate and reflection, and fosters a deliberative process that leads to an end product that is greater than the sum of its parts. “ Editorial, American Judicature Society Magazine, March/April 2010 ed.
State Bar of California Council on Access & Fairness Diversity in the California Courts Supreme Court Total 7 Seats 42. 8% Ethnic Diversity (3 seats)* (As of December 31, 2009) African American Asian/Pacific Islander Latino Female Male 0 0 1 1 0 1 * Compiled by COAF Judiciary Committee
State Bar of California Council on Access & Fairness Diversity in the California Courts of Appeal Total 105 Seats 11. 4% Ethnic Diversity (12 seats)* (As of December 31, 2009) African American Asian/Pacific Islander Latino Female Male 0 4 2 2 * Compiled by COAF Judiciary Committee
State Bar of California Council on Access & Fairness Diversity in the California Courts Superior Courts 1593 Funded Judgeships (1643 Authorized) 20. 3% Ethnic Diversity (323 seats) * (As of December 31, 2009) African American (97) Asian/Pacific Islander (92) Latino (134) Female Male 49 48 28 64 36 98 * Compiled by COAF Judiciary Committee
State Bar of California Council on Access & Fairness Diversity in the California Courts Note: From the Judicial Council’s 2010 annual SB 56 report. The remaining 8. 5% of the bench fall into the categories of “American Indian”, “More Than One Race”, “Some Other Race”, or “Information Not Provided”. The report shows that 60 judges provided no information on ethnicity. If one assumes that 73. 6% of those 60 judges are Caucasian, an additional 44 Caucasian judges would be added to the 1200 self-identified ones, for a total of 1244 Caucasian judges. This results in a representation of 76. 3%, as opposed to the lower 73. 6% figure in the JC’s Annual Report. The percentages of African American, Asian Pacific Islander, and Latino judges would also increase slightly if representative percentages of the non-responding group are factored in.
State Bar of California Council on Access & Fairness WHY POPULATION AND NOT BAR MEMBERHIP • Goal 1 of the California Judicial Council’s strategic plan is to achieve a judicial branch that “will reflect the diversity of the state’s residents. ” Access to justice issue. • “I strongly believe that any judge should be able to fairly hear and decide any case, no matter who the parties and regardless of the racial, ethnic, religious, economic or other minority group to which they belong. Nevertheless, it cannot be questioned that a bench that includes members of the various communities served by the courts will help instill confidence in every segment of the public that the courts are indeed open to all persons and will fairly consider everyone’ claims. ” California Chief Justice Ronald M. George, 2007 remarks to Senate Judiciary Committee’s Public Hearing on the Judicial Selection Process
State Bar of California Council on Access & Fairness WHY POPULATION AND NOT BAR MEMBERHIP • Lawyers don’t own cases, causes of actions, claims – CLIENTS DO • CLIENTS come from the general population • Lawyers want fair results for CLIENTS • Explosion of self-represented litigants who come from the general population • “PUBLIC” trust and confidence = “general population” trust and confidence in our court system
State Bar of California Council on Access & Fairness Ethnic Diversity – All Courts – YE 2009 Source: Judicial Council 2010 Annual SB 56 Report
State Bar of California Council on Access & Fairness Ethnic Diversity - Courts of Appeal - YE 2009 Source: Judicial Council 2010 Annual SB 56 Report
State Bar of California Council on Access & Fairness Ethnic - Superior Courts – YE 2009 Source: Judicial Council 2010 Annual SB 56 Report
State Bar of California Council on Access & Fairness San Francisco Bay Area Dec 2009
State Bar of California Council on Access & Fairness Central Valley - Dec 2009
State Bar of California Council on Access & Fairness Southern California - Dec 2009
THE CASE FOR GENDER DIVERSITY • Juror in contempt for not • Insisted attorney use her disclosing H’s occupation, husband’s surname in but male jurors not asked court, though she had W’s occupation retained birth name • Lowered bail – convicted • “Rules are like women – rapist-DV case using made to be violated” knife-allowing Def to be • Rape victim was “coyote reunited w/ dog would ugly” “cool his temper”
State Bar of California Council on Access & Fairness Gender – All Courts—YE 2009 1, 631 Sitting Judges (29. 2%) (70. 8%) Source: Judicial Council 2010 Annual SB 56 Report
State Bar of California Council on Access & Fairness California Courts Gender YE 2009 Court Supreme Court Female N % Male N % TOTALS N % 3 42. 9% 4 57. 1% 7 100% Courts of 30 29. 4% 72 70. 6% 102 100% Appeal Superior 444 29. 2% 1078 70. 8% 1522 100% Courts 477 29. 2% 1154 70. 8% 1631 100% TOTALS
State Bar of California Council on Access & Fairness Diversity in the California Courts by Gender – YE 2009 (Raw Numbers)
State Bar of California Council on Access & Fairness THE POTENTIAL POOL Eligible for Judicial Appointment (passed bar between 1979 and 2000) Women 53, 128 African Asian American 4, 491 8, 506 Latino Other Minority 6, 678 4, 788
State Bar of California Council Access & Fairness THE POTENTIAL POOL- WHO QUALIFIES THE QUALIFIED? • Informally: The Governor’s Judicial Selection Advisory Committees (aka “Secret Committees”) – Membership, including diversity thereof, not known or made public, criteria used to evaluate candidates not known or made public, methods of investigating candidates not known or made public • Formally: State Bar’s Commission on Judicial Nominees Evaluation (“aka “Jenny” Commission”) – Membership, including diversity thereof, is known and made public, published criteria for evaluating candidates, broad input from all stakeholders, members receive bias training and cultural sensitivity training.
State Bar of California Council Access & Fairness THE POTENTIAL POOL- WHO QUALIFIES THE QUALIFIED? • Formally: Local and Minority Bar Judicial Appointments Evaluation Committees -- Appointments through bar association policies and protocols: membership, including diversity thereof, is known and made public; specific criteria for evaluating candidates
State Bar of California Council on Access & Fairness The Potential Pool -- Ethnic Applications and “JNE” Commission Evaluations 2006 -2009
State Bar of California Council on Access & Fairness The Potential Pool -- JNE Ratings by Ethnicity 2006 - 2009 (raw numbers) EWQ WQ Q TOTALS ‘ 06 ’ 07 ’ 08 ‘ 09 ‘ 06’ 07 ’ 08 ’ 09 ’ 06 ’ 07 ’ 08 ‘ 09 Asian/PI 0 1 1 0 4 7 2 3 3 10 10 10 51 Black 1 1 0 1 1 7 5 5 6 16 17 9 69 Hispanic 3 2 1 0 9 13 10 5 15 16 21 7 102 TOTALS 11 71 140 222
State Bar of California Council on Access & Fairness Ethnic Diversity of Appointments January 1, 2006 – December 31, 2009 TYPE OF COURT NUMBER OF APPTS ETHNIC DIVERSITY OF APPOINTEES African American * Asian/ Pacific Islander * Latino * Total Ethnic * Supreme Court 0 N/A N/A Courts of Appeal 18 3 1 0 4 Superior Courts 349 34 26 43 117 All Courts 367 37 27 43 107 * Diversity information compiled by COAF
State Bar of California Council on Access & Fairness The Potential Pool -- JNE Ratings by Gender 2006 - 2009 (raw numbers) EWQ WQ Q Totals Women ’ 06 2 15 34 51 Women ’ 07 2 19 47 68 Women ’ 08 1 16 67 84 Women ‘ 09 2 21 39 62 Totals 7 71 187 265
State Bar of California Council on Access & Fairness The Potential Pool – Applications and Appointments by Gender - 2006 -2009 Sources: Applications – Governor’s annual SB 56 reports; Forwarded – JNE’s annual SB 56 reports; Ratings – JNE’s annual SB 56 reports; Appointed – COAF
State Bar of California Council on Access & Fairness Gender Diversity of Appointments January 1, 2006 – December 31, 2009 TYPE OF COURT NUMBER OF GENDER DIVERSITY APPTS OF APPTS Men * Women * Supreme Court 0 N/A Courts of Appeal 18 13 5 Superior Courts 349 234 115 All Courts 367 247 120 * Diversity information compiled by COAF
State Bar of California Council on Access & Fairness Diversity in the California Courts *Data compiled by the Courts Working Group of the State Bar’s Diversity Pipeline Task Force for the June 2006 Summit on Diversity in the Judiciary.
State Bar of California Council on Access & Fairness Gender Diversity in the Courts
State Bar of California Council on Access & Fairness HOW TO INCREASE JUDICIAL DIVERSITY • Recruit and encourage minorities, women, LGBTs, attorneys with disabilities, etc, to apply • Push for better retirement system to attract more applicants
State Bar of California Council on Access & Fairness HOW TO INCREASE JUDICIAL DIVERSITY • Encourage more judicial mentoring programs – ACBA model
State Bar of California Council on Access & Fairness HOW TO INCREASE JUDICIAL DIVERSITY • Level the playing field by providing opportunities for women, minority, and LGBT judges, as well as judges with disabilities, etc. , to sit on assignment on the appellate courts
State Bar of California Council Access & Fairness HOW TO INCREASE JUDICIAL DIVERSITY • Educate public on importance of diversity, and provide status report on levels in communities • Encourage courts in each county to put on courtsponsored programs on how to become a judge
State Bar of California Council Access & Fairness TIME FOR YOU TO JOIN THE EFFORT TO INCREASE JUDICIAL DIVERSITY? • “. . . It may well be that we will have to repent in this generation, not merely for the vitriolic words of the bad people and the violent actions of the bad people, but for the appalling silence and indifference of the good people, who sit around and say ‘wait on time. ’ Somewhere we must come to see that social progress never rolls in on the wheels of inevitability. It comes through the tireless efforts and the persistent work of dedicated individuals, and without this hard work, time itself becomes an ally of the primitive forces of social stagnation. So we must help time. We must realize the time is always right to do right. ” Excerpt from address by Dr. Martin Luther King, Jr. Memorial Auditorium, Stanford University, April 14, 1967
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