Race and Ethnic Fairness
State:
Committee/Report Name:. The Colorado
Supreme Court Multicultural Commission was established
Number of Members: 24 Commission Members
Number of Subcommittees: 5 Subcommittees
Access to the Courts
Courtroom environment
Sentencing and treatment of victims
Court administration
Legislation and court rules
Chair/Co-Chair: One
Chair: The Honorable Gregory Kellam Scott—Justice,
Methods Used: In the fall of 1996 recognizing its limited resources, the Commission reorganized around two tasks that it could complete: (1) conduct a survey; and (2) hold public hearings. Instead of the five committees initially formed, the Commission split its membership between two task oriented committees: A Hearings Committee and a Survey Committee.
Topics and Recommendations
Perception
Public
Findings
1. Minorities in all occupational categories are more likely than non-minorities to agree that minority litigants distrust the judicial system.
Access
Findings
1. A majority of respondents indicated that interpreters are effectively
communicating and not favoring the prosecution over non-English speaking
parties. Minority respondents were more likely than non-minority respondents to
disagree. This gap is most notable for Hispanic respondents relative to
non-minorities and African-Americans. There is, however, an inverse effect
between the numbers of times a respondent has appeared in court and the
likelihood that the respondent believes interpreters favor the prosecution over
non-English speaking persons.
2. Seventy-two percent of the interpreters report an education level of
undergraduate and post graduate work.
3. Interpreters most commonly have been employed by, in order of frequency, district courts, public defenders, private attorneys, and hospital medical care facilities.
5. Spanish is the most common language interpreted in court.
6. English is the language primarily spoken in the homes of
interpreters (85%), followed by Spanish (9%).
9. Very few respondents have passed formal examinations to test their
proficiency as interpreters.
11. Seventy-four percent of the respondents did not have any formal
orientation prior to beginning work as a court interpreter.
12. Ninety-three percent of the interpreter respondents indicate that
judges usually or often strive to ensure that trials in which interpretive
services are used are fair.
13. Sixty-six percent of respondents indicate that judges usually or
often administer an oath to the interpreter as well as to witnesses.
14. Most respondents indicate that judges usually do not ask for the
interpreter’s qualifications on record before the interpreter is allowed to
interpret in court.
16. Respondents indicated that in-court interpretations should not be done by phone. Comments such as “phone should be used as a last resort,” and “interpreting is more than just ideas and words, the interpreter looks at body language and other signals from the person speaking” were typical.
17. Other pertinent observations expressed by interpreters included: “Judges always believe the police”; “Educational and cultural differences influencing behavioral actions and reactions are never considered in court”; and, “It is difficult to get explanations from judges about questions that are necessary for understanding the court processes and terminology.”
18. Court interpreters express concern regarding the lack of funds allotted
for their services and for items such as legal dictionaries and audio equipment
that would aid them in their jobs.
19. Minority lawyers are concerned that court interpreters do not always advise the court when they are having difficulty understanding the non-English speaking person.
20. Hispanic respondents, in particular, report problems with the
availability of court papers other than in English.
21. Minority respondents are more likely than non-minority respondents to
disagree that the competence of court interpreters is high.
22. Minority respondents are more likely than non-minority respondents
to disagree that qualified interpreters are available for non-English speaking
litigants at all phases of trial court proceedings.
23. Minority respondents are more likely than non-minority respondents to disagree that court interpreters are sensitive to cultural differences.
24. Minority respondents are more likely than non-minority respondents to agree that court interpreters usually summarize testimony rather than translate the testimony verbatim.
Recommendations
1. The Judicial Department should create a certification program to assure
quality translator/interpreter services.
2. The Judicial Department shall increase the availability and access to
qualified multilingual court personnel, including all languages and dialects
spoken by a significant number of citizens in each judicial district, through
expanded training, employment, and technologies.
3. The Judicial Department should assure that
each court and clerk’s office provides instructional forms and documents in languages
appropriate to the local population, including English, to assist pro se
litigants.
Findings
- Minorities in all occupational categories are more likely than non-minorities to agree that minority litigants lack the ability to afford the costs associated with a trial.
Findings
1. Minorities in all occupational categories are more likely than non-minorities to agree that minority litigants use the courts less.
Recommendations
1. The Judicial Department should require all courts,
through their court administrators and court clerks, to provide basic
information regarding the judicial process to all pro se litigants upon their
filing a complaint or answer.
Juries
Selection
Findings
1. Minorities in all occupational categories are more likely than non-minorities to agree that minority litigants are unlikely to be judged by a jury of their peers.
2. Minority lawyers were more likely to believe
that there is a lack of minority representation in jury pools.
3. Minority respondents are more likely than
non-minority respondents to disagree that minorities are adequately represented
in jury pools.
4. Minority respondents are more likely than
non-minority respondents to agree that lawyers use preemptory challenges to
eliminate minority persons from juries.
Recommendations
1. The Executive Committee should monitor and
participate, as appropriate, in jury reform as contemplated by the Report of
the Colorado Supreme Court Committee on the Effective and Efficient Use of
Juries, dated February 1997, to assure equal access to jury panels for all
citizens, regardless of race or ethnicity.
Treatment and Verdicts
Findings
1. Minority respondents are more likely than non-minority respondents to believe that minority litigants will receive less compensation from a jury than non-minority litigants.
Courtroom Experience
Findings
1. Minority respondents indicated that race plays a role in the way judges treat lawyers.
2. Minority respondents were more likely than non-minority respondents to reply that judges or supervisors give preferential treatment to non-minority court personnel.
Findings
1. Minority respondents were more likely than non-minority respondents to reply that court personnel are discourteous to minority and non-minority members of the public and that court personnel fail to communicate effectively with those from different races or ethnic groups.
Findings
1. Minority respondents were more likely than non-minority respondents to reply that lawyers are discourteous to minority court personnel.
Findings
1. Minorities in all occupational categories are more likely than non-minorities to agree that minority litigants are less likely to receive legal representation or have an adequate understanding of the legal system.
Recommendations
1. The Executive Committee shall meet with the
Alternate Defense Counsel and the Alternate Defense Counsel Commission (ADC
Commission), as provided for in section 21-2-101, 6 C.R.S. (1997), to address
the inclusion of minority attorneys in the legal representation obtained by
contract for those individuals represented through the office of the Alternate
Defense Counsel in circumstances in which the state public defender has a
conflict of interest. The Executive Committee may make recommendations to the
Supreme Court regarding the operation of the ADC Commission, including matters
concerning the development and maintenance of competent and cost effective
representation that includes minority attorneys as attorneys under contract
with the office of Alternate Defense Counsel.
Legal Profession
Findings
1. Overall, a significant number of non-minority
respondents indicate a perception that race is not the most significant factor
or basis for the disparate treatment of minorities. Minority respondents and in
particular, African-American respondents, are more likely to report: (1) the
need to perform better than non-minorities in law school in order to be hired;
(2) the need to have better academic qualifications than non-minorities in
order to be hired; (3) the belief that they are assigned easier cases; (4) the
belief that they lack mentors; (5) the belief that they are less likely to be
included in social events; and (6) the belief that they have fewer
opportunities for advancement. Anglo respondents are more likely than minority
respondents to believe that minority lawyers are given hiring preference over
non-minorities. Minority respondents are less likely than non-minority
respondents to believe that minorities are given hiring preference over
non-minorities who are academically more qualified.
Education
Findings
1. Minority respondents are more likely than non-minority respondents to agree that sensitivity training in minority issues for all legal personnel is needed to help attain fair treatment. (See also Education: Lawyers, Finding #1)
Recommendations
1. The Judicial Department should develop mandatory educational programs
which will increase awareness of ethnic and cultural differences for judicial
officers at all levels.
2. The Judicial Department should include in the educational programs
for judicial officers training that addresses racial and ethnic bias and its
effect on attorneys, parties, witnesses, and juries. Such programs should
provide judicial officers with methods to address and control inappropriate
conduct in
3. The Supreme Court should encourage the
development of Continuing Legal Education (CLE) courses that deal with racial
and ethnic bias; the Supreme Court should assure that such courses are
accredited and qualify for CLE ethics credit. (See also Education: Lawyers,
Recommendation #1)
Recommendations
1. The Judicial Department should develop programs to educate court personnel and Judicial Department employees on the importance of fair treatment of all members of the public.
Lawyers
Findings
1. Minority respondents are more likely than non-minority respondents to agree that sensitivity training in minority issues for all legal personnel is needed to help attain fair treatment. (See also Education: Judges, Finding #1)
Recommendations
1. The Supreme Court should encourage the development of Continuing Legal
Education (CLE) courses that deal with racial and ethnic bias; the Supreme
Court should assure that such courses are accredited and qualify for CLE ethics
credit. (See also Education: Judges, Recommendation #3)
2. The Supreme Court attorney disciplinary
process and the Colorado Rules of Judicial Discipline should include remedial
measures that require offending lawyers and judges to be educated about racial
and ethnic bias. (See also Complaints and Discipline, Recommendation #1)
Civil and Family
Civil
Findings
1. Minority respondents are more likely than
non-minority respondents to believe that minority litigants are less likely to
win a personal injury case.
Family
Findings
1. Minority respondents are more likely than non-minority respondents
to disagree that there is no difference in how courts enforce child support
awards involving minority children.
2. Minority respondents are more likely than
non-minority respondents to disagree that there is no difference between how
courts treat domestic violence involving a non-minority couple and treatment in
a similar situation involving a minority couple.
Criminal Justice
Pre-Trial
Findings
1. Minority respondents are less apt to believe that minority
defendants are more likely to be released on their own recognizance and receive
favorable plea bargains.
2. Minority respondents are also more likely than non-minority respondents to agree that minority defendants receive higher bail, are subjected to physical mistreatment while in custody, are advised to plead guilty more frequently, and are given less adequate explanations of court proceedings by defense lawyers.
Recommendations
1. The Judicial Department should maintain and share with the
Executive Committee records of bail and sentencing outcomes. The Executive Committee
shall review a representative statistical sample of bail and sentence outcomes
and examine the recommendations made by probation officers after arrest and
through sentencing. (See also Criminal Justice: Outcomes, Recommendation #1)
2. The prosecution review committee should monitor plea offers and plea dispositions for all criminal defendants and juveniles. Such information should be maintained by racial and ethnic category, identifying defendants as Anglo, African-American, Asian, Hispanic, Native-American, and immigrant status.
Outcomes
Findings
1. Minority respondents are more likely than non-minority respondents to
agree that a criminal trial without a jury is more winnable by the defense if
the defendant is a non-minority.
2. Minority respondents are more likely than non-minority respondents
to agree that a criminal jury trial is more winnable by prosecutors if the
victim is a non-minority.
3. Minority respondents are more likely than
non-minority respondents to agree that a criminal trial without a jury is more
winnable by prosecutors if the victim is a non-minority.
Recommendations
1. The Judicial Department should maintain and share with the
Executive Committee records of bail and sentencing outcomes. The Executive
Committee shall review a representative statistical sample of bail and sentence
outcomes and examine the recommendations made by probation officers after
arrest and through sentencing. (See also Criminal Justice: Pre-Trial,
Recommendation #1)
2. The Supreme Court should take steps to effect
the establishment of a prosecution review committee, including among its
members peace officers, prosecutors, probation officers, and judicial officers.
The prosecution review committee should develop and promulgate criteria to
ensure fair and equitable treatment of all individuals charged with and
sentenced for any violation of
Incarceration
Findings
1. Minority respondents are less apt to believe that minority defendants
receive shorter prison sentences.
2. Minority respondents are also more likely than non-minority respondents to agree that minority defendants receive longer prison sentences and serve a greater portion of the term imposed.
Court as employer/appointer
Hiring
and Promotion
Recommendations
1. The Executive Committee shall review hiring, recruiting, and promotion
practices, and data relating to those activities of the Judicial Department on
an annual basis and identify areas of concern, which shall be reported to the
Chief Justice.
2. The Executive Committee shall review and suggest modifications to Judicial Department standards to ensure that Judicial Department applicants for employment and employees have equal access to all levels of employment and promotions, especially supervisory and director positions.
Appointer
Recommendations
1. The Chief Justice should take steps to assure that appointments to
judicial performance and nominating commissions reflect the state’s diverse
population.
2. Increased efforts should be undertaken to recruit, nominate, and appoint a diverse body of judicial officers, including magistrates. In addition, chief judges and other judicial officers should be made aware of available minority attorneys in the appointment of masters, guardians ad litem, mediators, and membership on court committees, etc., through informational articles, direct contact by chief judges with various bar officers, and other appropriate means. (As one of many activities, a meeting of chief judges and specialty bar leaders may prove helpful.)
Findings
1. Minority respondents are more likely than non-minority respondents
to agree that minority children involved in the juvenile justice system are: less
likely to be released to a family member; more likely to be removed from the
family; more likely to be found within juvenile court jurisdiction; and,
generally are treated less fairly.
2. Both non-minority and minority respondents disagree with the statement that minority children are more likely to receive informal handling and alternative dispositions.
Recommendations
1. The Supreme Court attorney disciplinary process and the Colorado
Rules of Judicial Discipline should include remedial measures that require
offending lawyers and judges to be educated about racial and ethnic bias. (See
also Education: Lawyers, Recommendation #2)
2. The Judicial Department should identify and
make readily available through public information the procedures for making
citizen complaints concerning discriminatory treatment of parties, witnesses,
and attorneys, within the
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