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Attacking Bias in the Justice System:
A Compendium of Program Alternatives |
INTRODUCTIONThe genesis of this report came with ABA President William Paul's request that every ABA entity address issues of diversity this year. As we examined the results of surveys conducted prior to the May 1999 Conference on Public Trust and Confidence in the Justice System, it became impossible to ignore the crucial issue of racial and ethnic bias within the justice system and its negative effect on public trust in that system. Yet we have all been to numerous meetings and conferences that simply rehash the issues surrounding why bias exists or if bias exists, with little on practical ways to address the problem. At our upcoming Forum on Justice Improvements we will be discussing diversity and bias in the system. The next title in the Roadmap series is on bias in the justice system. In both instances we want to present a very concrete, reasoned list of steps bar associations, courts and communities can undertake to rid the justice system of bias. We believed the topic important enough for us to bring together the best minds (including non-lawyers) on this issue to develop that list. We asked the ABA Commission on Opportunities for Minorities in the Profession and Council on Racial and Ethnic Justice to join with us to co-sponsor this effort. It was decided to convene a meeting to address the issue of bias in the justice system. The goal of the meeting was to develop a compendium of specific projects, programs and recommendations bar associations, courts and communities could draw from to address bias in the justice system. Participants were chosen based upon their knowledge, not only of the issues inherent in justice system inequality, but also particularly for their knowledge of effective programs and projects to positively impact these problems. Invited were: Myles V. Lynk, Past President, The District of Columbia Bar; Hon. Veronica McBeth, Moderator, Consortium of Task Forces and Commissions on Racial and Ethnic Bias in the Courts; Karen Narasaki*, Executive Director, National Asian Pacific American Legal Consortium; Teveia Barnes, Executive Director, Lawyers for One America; Lillian Apodaca, Past President, Hispanic National Bar Association; Charisse Lillie*, Chair, ABA Commission on Opportunities for Minorities in the Profession; LaVeeda Morgan Battle*, Member, ABA Council on Racial and Ethnic Justice; Dr. Yolande Marlow, Executive Director, New Jersey Supreme Court Committee on Minority Concerns; Kay Hodge, Chair, ABA Law Firm/Bar Association Diversity Working Group; and Lawrence Baca, Past President, Native American Bar Association. *unable to participate due to prior engagements At the recent Annual Meeting of the National Consortium of Task Forces and Commissions on Racial and Ethnic Bias in the Courts a list of key justice system issues relating to bias was developed and prioritized. These topics were culled from recurring themes of the Consortium's 1995 conference and the state plans of the 23 state racial bias in the courts task forces and commissions. In order to prevent "reinventing the wheel" and to take advantage of the National Center for State Courts' review of these reports, our discussions began with a non-prioritized list of these nine activity areas. (These summaries are included at the beginning of each topic area presented in this report.) During our conversation a tenth topic was added to their list. A condensed chart of the current state commission/task force activity in these areas, compiled by the National Center for State Courts, is included in the appendix of this report. It is our hope that these suggested action steps will spur activity in these crucial areas across the nation. We hope you will take these recommendations, tailor them to fit your own local priorities and work to make our justice system inclusive, fair and available to all. |