Race and
Ethnic Fairness
State:
Committee/Report Name: Preliminary Draft Report of the Second Circuit
Task Force on Gender, Racial and Ethnic Fairness in the Courts;
Number of Committee Members: 10
Number of Subcommittees: Two subcommittees: 1. Race and Ethnicity
and 2. Gender.
Chair/Co-Chair: Hon. Sharon E. Grubin ; Co-Chair and Hon. John M. Walker, Jr. Co-Chair
Methods Used: Lawyer surveys, questionnaires.
Topics
and Recommendations
Access
Language
1. Courts should promote the use
of certified interpreters to the extent possible.
2. A
circuit-wide employee should be given the responsibility of responding to
requests for interpreters for unusual languages in the rural districts.
Juries
1.
Each
court should be vigilant and closely monitor the representative ness of its
jury pool
2.
Courts
in which representation of groups based on gender, race, or ethnicity is
deficient should determine the cause or causes and take appropriate remedial
action.
3. Courts should consider whether to
alter voir dire practices to reduce the
degree of stereotyping in jury selection based on gender, race, or ethnicity,
but the decision as to how to conduct voir dire
should remain with the courts and with individual judges.
Courtroom Experience
Judges
1.
The
Judicial Council should adopt guidelines addressing the need to continue to
assure gender, racial, and ethnic fairness in the courts.
2.
Judges
should consider the number of women and minorities reporting direct observation
of observed biased conduct by judges and lawyers occurring in
the courts is such that one must conclude that such conduct does occur.
3.
Judges
should each consider their current practice with respect to intervening when
they observe biased conduct occur in their courtrooms. Judges should consider
both which types of conduct are biased and when intervention is appropriate.
4.
Biased
treatment of lawyers, parties, and witnesses is unacceptable, and all
participants in Second Circuit courts -- judges, court employees, and lawyers
-- must guard against such conduct.
5.
Deepen
their understanding of what constitutes biased conduct, and why some believe
certain conduct to be biased and others do not, make judges aware of the
differing observations of occurrences of biased conduct and beliefs as to the
existence of bias, and of ways to remedy the same through meetings of the
judges of the circuit, utilizing such educational materials on this subject as
are available at the Federal Judicial Center.
6. Courts should note the concern on
the part of some that employment discrimination cases are disfavored by judges
and take care that litigants in those cases are treated fairly. Judges should
avoid remarks or visible reactions that might create the impression of bias.
Quality of representation
1.
To
minimize the differences in the level and quality of service provided to pro
se litigants between the several pro se offices in the
circuit, courts should direct that pro se offices share their
educational information, including any pro se instructional
materials, pamphlets, and sample forms.
2.
Courts
should appoint pro bono counsel to qualifying pro se
litigants, where appropriate and permissible under law, to assist pro se
litigants with claims of likely merit.
3. Courts should review existing
mechanisms for complaints of attorney misconduct to determine whether they are
adequate.
Education
Judges
1. The Judicial Council should
continue to study biased treatment, including an investigation of the treatment
of litigants in employment discrimination cases.
2. Courts should make the public
and bar aware of procedures for processing complaints of misconduct by both
judges and attorneys.
3. Each
court should adopt procedures for processing complaints by the public of biased
treatment by court employees based on gender, race, or ethnicity and publicize
them.
Court as employer/appointer
Hiring/Promotion
1.
Notice
of openings for the positions of bankruptcy judge and magistrate judge should
be widely disseminated
2.
Endorsing
the practice of sending notices to minority and women's bar associations.
3.
Records
should be maintained of the gender, race, and ethnicity of merit panelists
4.
Establishing
a formal process of publicizing available quasi-judicial positions
5.
Establishing,
within each district, a list of qualified persons to serve in such capacities,
and adopting a formal policy encouraging judges to appoint lawyers from such a
list wherever practicable
6.
Documenting
the gender, race, and ethnicity of those appointed in such capacities.
7.
Publish
widely the opportunity to serve on Criminal Justice Act ("CJA") panels
and document the race, ethnicity, and gender of those currently serving on CJA
merit selection panels
8.
Examine
the process by which panelists are assigned to individual cases to determine
whether women panelists are assigned cases to the same degree as are men
9.
The
district courts should encourage CJA attorneys to provide opportunities for
qualified women and minority lawyers seeking experience in federal court to
assist them in criminal proceedings.
10.
Encourage
minority internship programs and hold events to encourage minority law clerk
applications.
11.
Bench-bar
committees appointments should reflect the diversity
of the legal community.
12.
Implement
the Judiciary Model Equal Employment
13.
Courts
should direct employing units to use outreach sources, such as publications and
organizations, in hiring so as to facilitate the recruitment of women and
minorities
14.
Courts
should adopt or update anti-harassment policies and procedures, and Courts
should publicize anti-harassment complaint procedures so that they are
accessible and easily used
15.
The
courts should take steps to ensure that programs are established for employees
to be made aware of the perceptions and observations of biased conduct and ways
to remedy such problems utilizing such educational materials on this subject as
are available at the
16.
Courts
should distribute complete personnel manuals, including court policy on
diversity and harassment, to all new hires. Any modifications to the manual
should be distributed promptly to all employees.
17. A study should be conducted of the
diversity and hiring practices of the workforce of the circuit's Court Security
Officers.
Judicial Selection and
Discipline
Recommendations
1. Courts
should consider whether to use a lawyer committee to screen complaints against
judges by eliminating those that are frivolous and ensuring that meritorious complaints
are not withheld out of fear of repercussions.
1. Each
court should adopt a local rule setting forth unacceptable biased conduct and
its intent to take corrective action where appropriate.
National Center for State Courts
300 Newport Avenue
Williamsburg, VA 23185
Phone (800)616-6109 Fax (757)564-2022
Questions or Comments - email research@ncsc.dni.us
Copyright
© 2004 The National Center for State Courts. All Rights Reserved.