Summary of State and Local Justice Initiatives 2000

BIAS (racial, gender) in the courts or in the profession

With surveys showing disparities in how the minority public and non-minority public view the fairness of the justice system, with articles in the ABA and NBA Journals showing differences in how their respective memberships view such issues, courts and bars have established a variety of entities to define and dispel disparities. There is a National Consortium of entities concerned with racial and ethnic bias in the courts.

The ABA Commission on Women in the Profession notes that women account for nearly 29 percent of all practicing attorneys, 47 percent of law students and 15 percent of the partners in large law firms. Although the profession is progressing toward one of equality, barriers still exist. Many bar associations have celebrated the achievements of women bar members but they have also created task forces to study gender-bias and make recommendations to help eliminate bias and barriers.

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The State Bar of Michigan Open Justice Commission was established in September 1998 to raise both public and professional awareness of open justice issues and the impact of race, ethnic origin, gender, religion, sexual orientation, gender identity or disability on the fair delivery of justice in the state; reduce or eliminate such bias or insidious discrimination within the courts or legal profession; and increase public confidence in the fairness of the legal process and the equal application of law for all citizens. With 45 commissioners from both the bench and bar, and 10 substantive committees, the Commission addresses a wide range of issues involving bias and discrimination in the courts and the legal profession. Currently it has adopted 35 projects. A description of these projects is contained in the Open Justice Commission information booklet, which can be obtained in quantity from the State Bar of Michigan.

The Pennsylvania Supreme Court created a committee on racial and gender bias within Pennsylvania’s court system. After study and evaluation, recommendations will be made to the court.

The Rhode Island Supreme Court also established a permanent committee to address gender, racial, and ethnic bias in the judicial system with members from the bar, the court and the media.

The Utah Judicial Council commissioned Utah Task Force on Racial and Ethnic Fairness in the Legal System continues to examine and address the existence and extent of bias in the criminal justice system. Composed of 30 leaders of the criminal justice system including judges, law enforcement officials, prosecution and defense attorneys, corrections officials, and juvenile corrections officers, the Task Force divided its work into seven subcommittees and includes 90 additional individual volunteers in these efforts.

For further information on bias issues in the courts contact the ABA Commission on Racial and Ethnic Diversity in the Profession, 312/988-5643, the ABA Council on Racial a-nd Ethnic Justice, 312/988-5409, The ABA Commission on Women in the Profession, 312/988-5715.

The plain-language Roadmap, "Racial and Ethnic Bias in the Courts," provides valuable information and specific examples of projects and programs focused on bias issues. Roadmaps are available through the ABA Office of Justice Initiatives, 312/988-6138, justice@abanet.org.

Racial and ethnic bias in the justice system will be a key topic at the Forum for Justice Improvements, October 13-15 in Scottsdale, AZ. For further information contact the ABA Office of Justice Initiatives, 312/988-6138, justice@www.abanet.org.