Race and Ethnic Fairness
State:
Committee/Report Name: The California Judicial Council Advisory
Committee on Racial and Ethnic Bias in the Courts was established in March 1991 by former California Chief
Justice Malcolm M. Lucas. The final report was published January 1997.
The Judicial Council Advisory Committee on Access and Fairness in the Courts,
appointed in March 1994 by former Chief Justice Lucas, will oversee
implementation of the recommendations of the Racial and Ethnic Bias Advisory
Committee when they are approved by the Judicial Council.
Number of Members: 25 task force members.
Chair/Co-Chairs: 2 Co-Chairs: Hon. Allen E. Broussard (Ret.) Coblentz, Cahan, McCabe & Breyer. Hon. John A. Arguelles (Ret.), Of Council, Gibson, Dunn & Crutcher.
Methods Used: In 1991, the Advisory Committee joined approximately 10 other state
task forces and commissions and numerous professional legal associations and
organizations in efforts to investigate racial and ethnic bias in state court
systems. More than 20 task forces and commissions on racial and ethnic bias are
currently in existence. Representatives from these organizations have formed
the National Consortium of Task Forces and Commissions on Racial and Ethnic
Bias in the State Courts (the Consortium). Members of the Consortium meet
annually. Guided by the experience of the Consortium, the
Topics and recommendations
Perception
Findings
1. Some minorities and non-English-speaking persons believe that
judges are not held accountable for conduct, demonstrating insensitivity toward
racial, ethnic, and linguistic minorities.
2. Some minorities and non-English-speaking persons believe that
judges are not held accountable for the actions of court staff that evidence
bias toward racial, ethnic, and linguistic minorities.
3. Some members of the public believe that the justice system shows
favoritism toward Whites.
4. Some members of the public believe that there is disparate
enforcement of the law and that police officers often target members of
minority groups.
5. There is some public perception that minority males, and African
Americans in particular, are charged with crimes in circumstances where White
males would be released with a warning.
6. There is some public perception that minority males are less
likely to be released on bail or on their own recognizance (OR) than White males
apprehended in similar circumstances.
7. Some members of the public believe that race or ethnicity makes a
significant difference in the outcome of a plea bargain.
8. Some members of the public believe that there
is no sharp delineation between the authority of the police, the prosecutor,
the public defender, and the judge. The perceived close relationships between
those holding these offices are viewed as problematic for minorities.
Recommendations
1. The Judicial Council should widely disseminate this report:
a. To educate judges and court personnel about the public perception
that bias and insensitivity toward minority and non- English-speaking litigants
and their attorneys exist.
b. To reassure the public that their views are taken seriously.
2. The Judicial Council should direct the Center
for Judicial Education and Research and the Judicial Administration Institute
of California to incorporate the findings, conclusions, and recommendations of
this report into its educational programs for bench officers and court staff.
Access
Findings
1. The statewide public hearings and research data support the conclusion
that non-English speakers have inadequate access to and information about the
courts.
2. An inadequate number of qualified
interpreters are available to assist non-English speakers.
Recommendations
1. The Judicial Council should urge the courts to make a substantial
effort to hire and train personnel who can effectively provide directions and
basic information regarding the court, essential court forms, and court
procedures to non-English-speaking persons.
2. The Judicial Council should encourage local courts, with the
assistance of local fairness committees, to establish mechanisms to identify
and resolve problems encountered by non-English-speaking people in the court
system.
a. Local courts and individual judges should initiate and encourage
regular dialogue with lawyers and community leaders who represent
non-English-speaking communities to ensure that avenues of communication remain
open.
3. The Judicial Council should transmit to the Court Interpreters
Standing Advisory Committee and urge consideration of the recommendation that
local courts, in consultation with the Committee, should ensure that an
adequate number of trained interpreters are available to assist non-English
speakers in both criminal and civil cases.
4. The Judicial Council should support legislation to amend Code of
Civil Procedure Section 1033.5 (Costs — Items Allowable and Not Allowable) to
include the cost of interpreter services under allowable costs.
5. The Judicial Council should direct staff to draft a proposed
amendment to California Rules of Court, rule 985(i)
to provide that the cost of court interpreters for litigants in civil actions
be a waivable cost for litigants proceeding in forma pauperis.
6. The Judicial Council should transmit to the Court Interpreters
Standing Advisory Committee for consideration the recommendation to develop a
rule of court further ensuring that the trial courts guarantee the careful
translation of all proceedings to preserve the rights of litigants.
7. The
Judicial Council should encourage the local courts to develop outreach programs
designed to enhance access to the courts by minority and non-English-speaking
persons.
Findings
1. The courts are not sufficiently proactive in identifying cultural
barriers that threaten to impede access to the courts.
2. The courts generally have not developed outreach programs to the
immigrant communities to educate their members regarding their rights and
responsibilities under
3. Judges and court personnel often are not sensitive to situations
in which culturally derived mannerisms may be a barrier to justice.
4. Extensive efforts are needed to:
a. Identify the significant laws and regulations that may come in
conflict with the traditions of large immigrant and culturally diverse
populations.
b. Work with these communities to attempt to
resolve such conflicts.
Recommendations
1. The Judicial Council should urge fairness committees to make a
concerted effort to assist immigrant and culturally diverse communities in
understanding their rights and responsibilities under the
a. The fairness committees should work to identify any cultural
barriers that would inhibit access to the justice system.
b. Alternative dispute resolution in lieu of litigation and
alternatives to incarceration, where appropriate, should be available to all
Californians.
2. The Judicial Council should urge the local courts to engage in
outreach programs with leaders of local immigrant and culturally diverse
communities to educate their members regarding their rights and
responsibilities under the
3. The Judicial Council should urge the local courts, in consultation
with CJER and JAIC, to develop educational programs to sensitize the courts as
to how customs and culturally derived mannerisms may affect the individual’s
ability to achieve justice. (See also Education: Judges, Recommendation #4;
Education: Court Staff, Recommendation #3)
4. The Judicial Council should urge the local courts to work with the
local fairness committees to:
a. Identify major conflicts resulting from differences in the customs
and traditions of immigrant and culturally diverse communities as compared to
United States society and laws; and
b. Determine how to approach these differences and prevent them from inhibiting conflict resolution.
Juries
Findings
1. Many members of minority groups believe that minorities seldom
face a jury containing members of their groups.
2. Many minority-group members believe that White jurors are prejudiced
against minority litigants and that the jury must include a member of the
litigant’s group if it is to judge fairly.
3. There are significant barriers to low-income people serving on
juries. These obstacles may tend to affect minority-group members
disproportionately and include the following:
a. The low pay for service as a juror is unlikely to cover the cost
of child care, parking, or public transportation;
b. Low-income citizens are unlikely to have employers who will pay
their salaries during jury service and are the least able to do without one or
several days’ pay; and
c. Many lower-income Californians tend to be tenants rather than
homeowners and may tend to move more frequently, thus failing to receive jury
summonses.
4. The perception exists that prospective jurors may be excluded from
jury service because they lack the requisite proficiency in English.
5. Juror lists compiled from voter and Department of Motor Vehicles
lists only may not be representative. Other sources should be considered to
augment the jury pool.
6. Racial and ethnic minorities are usually unrepresented or
underrepresented on grand juries because of the way these juries are selected.
This lack of representation is likely to persist unless conscious, vigorous
efforts are made to make grand juries more representative.
7. Witnesses at the committee’s public hearings believed that grand juries neglected matters of concern to minority groups.
Recommendations
The advisory committee recommends that the
Judicial Council transmit the following recommendations to the Implementation
Task Force on Jury System Improvement and urge their consideration:
1. Jury commissioners compile juror lists from utility subscriber lists
and other sources, in addition to voters’ and driver’s license lists, to ensure
that diverse population groups are included in jury panels.
2. The Judicial Council fund pilot programs utilizing innovative
methods of jury selection, including the selection of jurors living outside of
the traditional geographic radius used by the courts, to determine the best
means of producing representative jury panels.
3. The Judicial Council seek adequate funding to test, in pilot
programs, methods of jury selection that may yield more representative jury
panels.
4. The Judicial Council support legislation requiring jurors to be
compensated at a reasonable level. Further, consideration should be given to
payment of room and board for jurors in cases of hardship.
5. The advisory committee recommends that the Judicial Council direct
staff to amend Standards of Judicial Administration, section 17 to state that
grand jury selection lists should also include reasonable representation of the
county’s racial and ethnic minorities.
6. The advisory committee recommends that if more representative grand juries cannot be achieved under existing statutes, the Judicial Council should support legislation that would produce representative grand juries.
Courtroom Experience
Findings
1. While most judges believe that no problem exists with regard to judicial
demeanor toward minority and non-English-speaking litigants, some members of
the general public do not share that opinion.
2. Judges should be vigilant against personally exhibiting or
allowing court personnel or attorneys to exhibit behavior based on
stereotypical, negative views toward minority-group members.
3. An essential component of judicial demeanor
is manifest respect for everyone involved in the court system. Such respect
demands that judges foster an atmosphere of fairness and neutrality in the
courts for litigants, witnesses, and other court users, whether minority or
non-minority.
Recommendations
1. The Judicial Council should direct CJER, the Judicial
Administration Institute of California (JAIC), and the Access and Fairness Advisory
Committee to work together to develop additional fairness programs with a
special emphasis on issues related to minority and non-English-speaking
litigants.
2. Pursuant to Section 1 of the Standards of Judicial Administration, judges should monitor their courtrooms and intervene when instances of racial bias are manifested. Accordingly, judges should consider referring court personnel who manifest biased behavior to diversity training.
Lawyers/Others
Findings
1. Minority attorneys have reported instances of biased treatment in
the courtroom. Biased treatment is evidenced by:
a. Condescending or patronizing treatment by courtroom personnel
(including judges);
b. Instances when minority attorneys are not identified as counsel
and are mistaken for messengers, staff, interpreters, or defendants;
c. Racist remarks by judges, lawyers, and other courtroom personnel
(including bailiffs and law-enforcement officers); and
d. Obvious preferential treatment of non-minority attorneys.
2. Biased treatment of minority attorneys impairs their professional
effectiveness, reputation, self-confidence, and self-esteem.
3. Minority attorneys are reluctant to use the existing mechanisms to
report discriminatory behavior for fear of retaliation.
4. There is a public perception that because of racial bias in the courts, non-minority attorneys obtain better results for their clients from judges and court personnel than minority attorneys. This belief affects the professional standing of minority attorneys and their ability to attract and retain clients.
Legal Profession
Recruitment/Acceptance to law school
Findings
1. The State Bar of California does not collect or maintain statistics on the racial and ethnic composition of its members; however, in 1991 the Bar commissioned SRI International to collect quantitative information on demographic and professional characteristics and professional liability insurance issues of the State Bar membership and develop a demographic profile of California lawyers. SRI concluded that 91 percent of the bar was White, 3 percent was Asian American, 3 percent was Latino, and 2 percent was African American, 74 percent was male.
Findings
1. There is a public perception that attorneys in private practice
are held in higher esteem than attorneys working in the public sector. This
belief operates against the interests of minority attorneys, who are
statistically more likely to work in the public sector.
2. There are few minority attorneys in the
nation’s largest law firms. When they are hired by such firms, there are
apparent difficulties in the retention and advancement. Part of the explanation
for this phenomena may lie in the barriers that minority lawyers may face,
unlike their White counterparts, in majority law firms.
Recommendations
1. The Judicial Council should transmit to the
State Bar the recommendation that the State Bar, in conjunction with private
law firms and public sector agencies that employ attorneys, strengthen and
develop efforts to attract and retain qualified minority attorneys.
Education
Judges
Findings
1. Judges and court personnel may benefit from
cultural competency training; therefore, judges should be encouraged to participate
in CJER fairness programs. Comparable programs should be developed for court
personnel. (See also Education: Court Staff, Finding #1)
Recommendations
1. The Judicial Council should encourage the judiciary to participate in periodic cultural competency training.
2. Tribal court judges should be included as faculty in diversity
raining programs and be permitted to attend CJER education programs.
3. The Judicial Council should direct CJER to work with CJA, JAIC,
the California Continuing Judicial Studies Program (CJSP), and other
educational programs, to offer courses on issues related to minorities and
non-English-speaking persons to both new and sitting bench officers and court
staff. (See also Education: Court Staff, Recommendation #1)
a. Fairness courses should be introduced initially at the New
Judicial Officer Orientation Program, the Mentor Judge Program, and at other
formal training programs for judges.
b. Consideration should be given to making fairness education or cultural competency training part of the mandatory educational requirements for judges.
4. The Judicial Council should urge the local
courts, in consultation with CJER and JAIC, to develop educational programs to
sensitize the courts as to how customs and culturally derived mannerisms may
affect the individual’s ability to achieve justice. (See also Access: Culture,
Recommendation #3; Education: Court Staff, Recommendation #3)
Findings
1. Judges and court personnel may benefit from
cultural competency training; therefore, judges should be encouraged to
participate in CJER fairness programs. Comparable programs should be developed
for court personnel. (See also Education: Judges, Finding #1)
Recommendations
1. The Judicial Council should direct CJER to work with CJA, JAIC, the
California Continuing Judicial Studies Program (CJSP), and other educational
programs, to offer courses on issues related to minorities and
non-English-speaking persons to both new and sitting bench officers and court staff.
(See also Education: Judges, Recommendation #3)
a. Fairness courses should be introduced initially at the New
Judicial Officer Orientation Program, the Mentor Judge Program, and at other
formal training programs for judges.
b. Consideration should be given to making fairness education or
cultural competency training part of the mandatory educational requirements for
judges.
2. The Judicial Council should direct CJER and JAIC to conduct
diversity training for all court personnel. These courses should be designed to
ensure that all court personnel are competent to deliver services to a
culturally and ethnically diverse population.
a. Diversity training should be a part of new employee orientation
programs.
b. Consideration should be given to making diversity training
mandatory for all employees.
3. The Judicial Council should urge the local
courts, in consultation with CJER and JAIC, to develop educational programs to
sensitize the courts as to how customs and culturally derived mannerisms may
affect the individual’s ability to achieve justice. (See also Access: Culture,
Recommendation #3; Education: Judges, Recommendation #4)
Lawyers
Recommendations
1. The Judicial Council should transmit to the
State Bar, and urge consideration of the recommendation that diversity training
become a greater part of the mandatory continuing legal education program
(MCLE) for attorneys.
Public
Recommendations
1. The Judicial Council should urge the local courts to engage in outreach
programs with leaders of local immigrant and culturally diverse communities to
educate their members regarding their rights and responsibilities under the
2. The Judicial Council should work with the local courts to increase programs encouraging school-age children to visit and learn about the courts.
3. The Judicial Council should make improving the public perception
of the courts a priority and work with the local courts to gauge public
perception.
a. Local courts should develop, distribute, collect, and review
public evaluation forms to measure whether service has been courteous and
satisfactory and to receive suggestions of enhancing service. (See also
Measurement and Evaluation, Recommendation #3)
b. Local courts should create a volunteer ombudsperson program to
assist the public, particularly in the clerk’s office. Pamphlets in other
languages or tape-recorded messages could be of assistance for
non-English-speaking users of the courts.
c. The Judicial Council, the State Bar, and local bar associations should cooperate with and assist the local courts in developing public information programs and media campaigns to educate the public about the judicial system, such as through public television and radio programs, local cable television and radio programs, and local public-access television channels.
Criminal Justice
Findings
1. There is evidence that some police departments routinely stop and
search members of a minority group if a member of that group has been reported
as having committed a crime; and that some police departments or individual
officers have a practice of stopping and searching minority group members seen
in predominantly White neighborhoods.
2. Generally, the sentencing studies lead to
contradictory conclusions. For this reason, further research is required to
fully understand the impact (if any) of minority-group status at each step in
the criminal justice process, including arrest, charging, bail, appointment of
counsel, plea bargaining, and sentencing. (See also Criminal Justice:
Pre-Trial, Finding #3; Criminal Justice: Outcomes, Finding #5)
Recommendations
1. The advisory committee recommends that the Judicial Council
commission a detailed study of the impact (if any) of minority-group status at
each step in the criminal justice process including (1) the decision to arrest,
(2) charges levied by the prosecutor, (3) the decision to release on bail or on
one’s own recognizance, (4) appointment or retention of counsel, (5) plea
bargaining, and (6) sentencing. (See also Criminal Justice: Pre-Trial,
Recommendation #1; Criminal Justice: Outcomes, Recommendation #1; Criminal
Justice: Incarceration, Recommendation #1; Measurement and Evaluation,
Recommendation #4)
a. The study should be conducted in a variety of
Pre-Trial
Findings
1. To the extent that minority-group status is accompanied by poverty,
members of these groups are at a disadvantage in terms of release on bail and
ability to employ private counsel, both of which appear to correlate with case
outcome and severity of sentence.
2. Some research reveals that Whites are more successful at having charges
dropped or reduced or receiving more lenient sentences.
3. Generally, the sentencing studies lead to contradictory
conclusions. For this reason, further research is required to fully understand
the impact (if any) of minority-group status at each step in the criminal
justice process, including arrest, charging, bail, appointment of counsel, plea
bargaining, and sentencing. (See also Criminal Justice: Arrests, Finding #2;
Criminal Justice: Outcomes, Finding #5)
Recommendations
1. The advisory committee recommends that the Judicial Council
commission a detailed study of the impact (if any) of minority-group status at
each step in the criminal justice process including (1) the decision to arrest,
(2) charges levied by the prosecutor, (3) the decision to release on bail or on
one’s own recognizance, (4) appointment or retention of counsel, (5) plea
bargaining, and (6) sentencing. (See also Criminal Justice: Arrests,
Recommendation #1; Criminal Justice: Outcomes, Recommendation #1; Criminal
Justice: Incarceration, Recommendation #1; Measurement and Evaluation,
Recommendation #4)
a. The study should be conducted in a variety of
Outcomes
Findings
1. Minority groups, African Americans in particular, make up the
majority of those under the control of the criminal justice system (that is, in
prison, in jail, on probation, or on parole).
2. Many public defenders believe that race and ethnicity affect the
outcome of plea bargaining, the probability of conviction, and the length and
type of sentence.
3. It is likely that the enforcement of the drug laws has unequally
affected minority-group members, particularly African Americans.
4. The race of the victim appears to affect sentencing, with crimes
committed against Whites resulting in longer sentences than similar crimes
committed against minority-group members.
5. Generally, the sentencing studies lead to
contradictory conclusions. For this reason, further research is required to
fully understand the impact (if any) of minority-group status at each step in
the criminal justice process, including arrest, charging, bail, appointment of
counsel, plea bargaining, and sentencing. (See also Criminal Justice: Arrests,
Finding #2; Criminal Justice: Pre-Trial, Finding #3)
Recommendation
1. The advisory committee recommends that the Judicial Council
commission a detailed study of the impact (if any) of minority-group status at
each step in the criminal justice process including (1) the decision to arrest,
(2) charges levied by the prosecutor, (3) the decision to release on bail or on
one’s own recognizance, (4) appointment or retention of counsel, (5) plea
bargaining, and (6) sentencing. (See also Criminal Justice: Arrests,
Recommendation #1; Criminal Justice: Pre-Trial, Recommendation #1; Criminal
Justice: Incarceration, Recommendation #1; Measurement and Evaluation,
Recommendation #4)
a. The study should be conducted in a variety of
Incarceration
Findings
1. The percentage of Whites in prison is significantly smaller than the
percentage of violent crimes committed by Whites.
2. The percentage of the prison population
composed of minority-group members is significantly greater than the numbers of
assailants described as minority-group members reported by the victims of
violent crime.
Recommendations
1. The advisory committee recommends that the Judicial Council
commission a detailed study of the impact (if any) of minority-group status at
each step in the criminal justice process including (1) the decision to arrest,
(2) charges levied by the prosecutor, (3) the decision to release on bail or on
one’s own recognizance, (4) appointment or retention of counsel, (5) plea
bargaining, and (6) sentencing. (See also Criminal Justice: Arrests,
Recommendation #1; Criminal Justice: Pre-Trial, Recommendation #1; Criminal
Justice: Outcomes, Recommendation #1; Measurement and Evaluation,
Recommendation #4)
a. The study should be conducted in a variety of
Court as employer/appointer
Hiring/Promotion
Findings
1. In 1990,
2. A mail survey of attorneys interested in minority affairs found strong consensus that minorities are not adequately represented among court personnel. Further, according to the survey, the greatest racial and ethnic diversity appears among lower level staff such as interpreters, clerical staff, and technicians. The higher up the ladder, the less diversity was seen.
3. Among
non-judicial superior court positions, Whites constitute 80.9 percent of
superior court officials and managers and 92.9 percent of court research
attorneys. Whites also occupy 78.1 percent of the highly visible court reporter
positions. Even more visible is the position of courtroom clerk, of which 67.7
percent are White, 9.6 percent are African American, 14.9 percent are Latino,
and 7 percent are Asian American. In
office and clerical positions, Whites are 47 percent of the total workforce,
while African Americans are approximately 18.1 percent; Latinos 22.6 percent;
Asian Americans, 11.6 percent; and Native Americans, fewer than 1 percent.
Whites also hold the largest proportion’s of non-judicial municipal court
positions: courtroom clerks, 63 percent; officials and managers, 68.3 percent;
court reporters, 83.2 percent; and office and clerical employees, 50.8 percent.
Whites, hold slightly more than 50 percent of the lower-level office and
clerical positions, the largest category of non-judicial municipal court
employment, Latinos hold 24.2 percent; African Americans, 14.4 percent; Asian
Americans, 9.6 percent; and Native Americans 0.6 percent of these positions.
Recommendations
1. The Judicial Council should direct staff to draft a Standard of
Judicial Administration urging local courts to develop a racially and
ethnically diverse pool of court commissioners and referees.
2. The Judicial Council should urge local courts to widely publicize
job openings and the availability of court commissioner and referee positions
in community newspapers.
3. The Judicial Council should transmit to the appropriate law school officials the recommendation that law schools encourage and actively recruit law students from racial and ethnic minority groups for judicial clerkships and student internships in the courts.
Judicial Selection
Findings
1. Lack of judicial diversity is seen as affecting employment of court personnel.
2. Only 56% of all Californians believe that judges make evenhanded decisions and that one can expect consistent decisions from the courts regardless of their location or the identity of the judge.
3. The testimony in the public hearings indicated that the public perceives a lack of diversity throughout the legal system, particularly on the bench.
4. 89.3 percent of 786 judges in
the
5. Generally, there is likely to be a higher concentration of minority attorneys in larger metropolitan areas than in smaller or more rural counties and consequently a larger pool of qualified attorneys available for judicial appointment.
6. In
7. The number of minority law school graduates has not remained constant. Statistics obtained from the Office of the Consultant on Legal Education of the American Bar Association (ABA) show that between 1984 and 1994, the number of minority law school graduates almost doubled, from 3,169 to 6,099, or from 8.6 percent to 15.5 percent of total graduates. Those categorized as Asian/Pacific Islanders experienced the most dramatic increase, from 1.5 percent to 4.5 percent (274) of the total. African Americans went from 4.3 percent to 6 percent (366). Latinos and Native Americans increased from 2.5 percent to 4.4 percent (268) and 0.3 percent to 0.6 percent (36), respectively. It would be expected that as the number of minority attorneys with five and ten years of practice increases, the number of judicial appointments of minority attorneys would also increase, but this has not been the case.
Recommendations
1. The Judicial Council and State Bar should work collaboratively with
local bar associations and community groups to develop workshops on judicial selection
and the election process.
2. The Judicial Council should seek the advice of the Governor’s
office to determine what the council can do to assist in the development of a
pool of qualified judicial candidates who are from varied racial and ethnic groups.
3. The Judicial Council, in recognition of the importance of diversity on the bench, should consult with the Governor and request that the Governor increase his efforts to improve diversity.
Juvenile Justice
Findings
1. There is no uniform method of tracking race-specific data on
out-of-home placements and dispositions of juvenile court cases.
2. Socioeconomic status appears to heavily influence decisions
regarding which children are placed out of home.
3. Socioeconomic status appears to heavily influence decisions
regarding which children are detained and incarcerated.
4. The perception that family and juvenile personnel harbor
stereotypical views about people of other cultures creates an atmosphere of
fear and mistrust of the legal system.
5. The perception that there is a lack of
diversity in the family court judiciary and a lack of attorneys of color in
both juvenile and family courts, serves to alienate the minority client
families from feeling invested in the court system.
Recommendations
The advisory committee recommends that the
Judicial Council transmit the following recommendations to the Family and
Juvenile Law Advisory Committee and urge their consideration:
1. Collect race-specific data related to the concerns raised in the
public hearings, such as:
a. The total number of children in out-of-home placement, identified
by gender, race, and ethnicity.
b. The total number of children who are detained (in custody),
identified by gender, race, and ethnicity.
c. The total number of children who are incarcerated, identified by
gender, race, and ethnicity.
d. The total number of litigants unrepresented by counsel, identified
by gender, race, and ethnicity; and
e. Case outcomes comparing the results for those with counsel and pro
pers.
2. Study placement and confinement options on a statewide basis, as
part of the advisory committee’s Judicial Review and Technical Assistance
(JRTA) Project, and determine what options are in existence and what
alternatives should be developed. (In addition, JRTA should survey the level
and quality of services currently available.)
3. Study and develop programs similar to the one in
4. Direct staff to draft a rule requiring mandatory, periodic training in cultural competency for judges, court staff, attorneys, and other key participants. (including training regarding the language and culture of different communities prevalent in the geographical area of each court.)
Findings
1. The negative depiction of minorities in the media fosters bias and
perpetuates or exacerbates the stereotypes and fears that many individuals have
about minorities.
2. Stereotypes and fears about minorities perpetuated by the media
may lead individuals to treat minorities unfairly in the justice system.
Further, it is perceived that less credibility is afforded to minority
litigants, witnesses, or attorneys by judicial officers, court personnel,
counsel, and jurors.
3. Media sources that cater to a minority audience or readership, especially to Asians and Latinos, have a greater potential for affecting perception about the judicial system than general mass media sources.
Recommendations
1. The Judicial Council, in conjunction with the California Judges
Association, should work with the local courts to establish standing bench/bar,
and media advisory committees to make ongoing recommendations on how the courts
and the media can work together to assist in eliminating bias in the courts.
Among these:
a. The courts and the local bar associations should explore
opportunities to educate the public about the judicial system through local
television and radio, public television and radio, the print media, local
public-school-district television stations, and local public-access cable
stations;
b. The local courts should have a speakers bureau through which
judicial officers and court personnel are made available to participate in
public affairs programs in the media, particularly non-English-language media.
c. The local courts should undertake specific efforts to establish
relationships with media sources that cater to minority audiences or
readership;
d. The local courts and the organized bar should take greater
advantage of events such as National Law Week to enhance the public’s knowledge
of the judicial system through use of the media.
2. The Judicial Council should direct AOC staff to take the
leadership in providing the courts with a resource list of minority press
outlets and community cable television programs.
3. The Judicial Council should transmit to the State Bar and urge consideration of the recommendation that MCLE (mandatory continuing legal education) courses on the elimination of bias include discussion of the media’s impact on public perception of bias in the courts and the use (or abuse) of the media in ways that affect bias in the courts.
Complaints and Discipline
Recommendations
1. The Judicial Council should direct staff to draft a proposed amendment
to section 1(c) of the Standards of Judicial Administration to ensure that no
retaliation against any parties to a complaint of discrimination will be
tolerated.
a. The courts should be urged to develop discrimination complaint procedures that permit the resolution of complaints on the local level, eliminate the possibility of retaliation, and protect the rights of the accused employee.
Measurement and
Evaluation
Recommendations
1. The Judicial Council should direct Staff to develop a standardized
reporting form consistent with Census Derived racial and ethnic classifications
for the courts.
a. The local courts should specifically designate an employee or
department to collect and report diversity data to the Judicial Council;
b. The local courts should assist the Judicial Council in developing
better job descriptions for the standardized reporting forms; and
c. Data on diversity should be collected and submitted to the
Judicial Council every three years.
2. The Judicial Council should review diversity data to determine
whether diversity has increased or decreased in the court system.
3. Local courts should develop, distribute, collect, and review
public evaluation forms to measure whether service has been courteous and
satisfactory and to receive suggestions of enhancing service. (See also
Education: Public, Recommendation 3a)
4. The Advisory Committee recommends that the Judicial Council
commission a detailed study of the impact (if any) of minority-group status at
each step in the criminal justice process including (1) the decision to arrest,
(2) charges levied by the prosecutor, (3) the decision to release on bail or on
one’s own recognizance, (4) appointment or retention of counsel, (5) plea
bargaining, and (6) sentencing. (See also Criminal Justice: Arrests,
Recommendation #1; Criminal Justice: Pre-Trial, Recommendation #1; Criminal
Justice: Outcomes, Recommendation #1; Criminal Justice: Incarceration,
Recommendation #1)
a. The study should be conducted in a variety of
Minority
Women
Findings
1. The Advisory Committee concludes that women of color encounter
dual barriers of racism and sexism in the justice system and legal profession;
2. The Advisory Committee concludes that too often the unique
situation and negative experiences of women of color are neglected or
inadequately addressed in studies of bias and discrimination in the courts; and
3. The Advisory Committee concludes that steps
to rectify this oversight must and should be undertaken.
Recommendations
1. The Advisory Committee recommends recognition of the double
disadvantage of being a woman of color involved in the justice system — whether
as litigant, lawyer, judge, witness, court personnel, or law student.
2. The Advisory Committee recommends inclusion in existing bias and
fairness commissions of a subcommittee dealing with women of color, or
inclusion in any implementation task force created to put proposals of bias
commissions into action.
3. The Advisory Committee recommends collective support for data
collection and research on the status of women of color in the justice system.
4. The Advisory Committee recommends outreach efforts to
organizations and individuals with similar interests.
5. The Advisory Committee recommends inclusion of more women of color
in all aspects of the planning of future conferences on bias in the courts.
6. Th