Race
and Ethnic Fairness
State:
Committee/Report Name: The
Racial Fairness Implementation Task Force was created to develop an action plan
to implement the recommendations of the 1999 Ohio Commission on Racial Fairness
report. The implementation report titled “The Racial Implementation Task Force
Action Plan was published in 2002.
Number of Committee Members: There were 15 members on the Racial
Fairness Implementation Task Force and 33 members on the Ohio Commission on
Racial Fairness task force.
Number of Subcommittees: The task force created six subcommittees:
Judge’s and attorney’s perceptions; Employment and appointment practices in the
courts; Jury issues; Criminal justice and sentencing; Law schools; and
Interpreter services.
Chair/Co-Chairs: There was one chair for the Racial Fairness
Implementation Task Force
Methods Used: Public hearings, surveys, and
comprehensive research.
Topics
and Recommendations
Perception
Attorneys, Judges, and
Court Staff
Recommendation
1.
The
Supreme Court of Ohio should establish an implementation task force on racial
bias in the legal profession to consider and implement recommendations suggested
in this report, as well as other methods to eradicate racial bias problems in
the legal profession and courts.
Action
Chief
Justice Thomas Moyer appointment of the Racial Fairness Implementation Task
Force in July 2000.
2. The Supreme Court should revise the Code of
Professional Responsibility similarly to the Code of Judicial conduct,
specifically Canon 3(B) (5) and (6).
Action
The Task Force
believes that existing Disciplinary Rule 1-102 (B0 is sufficient to accomplish
the purpose.
3. Bar associations and the Court should develop
more effective working relationships with minority attorneys. Various bar
associations, local and state clerkship and mentoring programs should continue.
Action
The numerous efforts
of bar associations and private organizations in metropolitan areas should
continue. The state bar association should continue its leadership role in this
area. The Task Force believes this could be expanded so that each bar district
could have its own programs on diversity.
4. The Supreme Court of
Action
The Task Force
commends the Supreme Court of Ohio for placing on the attorney registration
form categories similar to the U.S. Census categories.
5. The Implementation Task Force should develop
an anti-racism workshop curriculum that would be implemented by the
Action
The Task Force
recommends that two hours of anti-racism/diversity training be added to the
continuing legal education requirement for judges and attorneys for each
biennial reporting cycle. The total number of hours would not be increased.
6. The Supreme Court should conduct a survey of
county and appellate court administrators throughout the state to determine the
language needs of non-English speaking court participants.
Action
This recommendation is addressed under the Interpreter Services section.
Access
1. The Supreme Court of
Action
The Task Force
recommends the Supreme Court of Ohio pursue establishing statewide
interpretation standards for professionals providing such services in a legal
setting. The Task Force further recommends the Supreme Court of Ohio become a
member of the State Courts Interpreter Certification Consortium of the
2. The Supreme Court of
Action
The Task Force
recommends the Supreme Court of Ohio develop, and require adherence to, a code
of conduct for all individuals who are certified to provide interpreter
services in the court of Ohio.
3. The Supreme Court of
Action
The Task Force
recommends the Supreme Court of Ohio adopt Rules of Superintendence to judges
in the appropriate use of credentialed interpreters. The Task Force recommends
the Court publish and distribute a guidebook for judges about when and how to
use interpreters.
4. The Supreme Court should conduct a survey of
county and appellate court administrators throughout the state to determine the
language needs of non-English speaking court participants.
Action
The Task Force recommends the Supreme Court of Ohio conduct a survey of
trial court administrators throughout the state to determine the language needs
of non-English speaking court participants.
Recommendations
1. The sources for jury selection should be
further expanded.
Action
The Task Force recommends
including driver’s license records as sources for voter registration lists, and
excluding state identification records.
2. The state law restriction of $40 maximum
compensation a day should be periodically reviewed for fairness and the amount
increased where appropriate to meet juror’s economic needs/
Action
The Task Force
recommends the Supreme Court review juror compensation periodically.
3. Research should be conducted to determine
accurately the pattern of minority under representation in juries in
Action
The Task Force
recommends the Supreme Court facilitate research to determine whether and to
what extent there is minority under representation in
- Research should
be conducted concerning the ways in which minority jurors are treated and
their racial perceptions during court proceedings and while deliberating
with their peers during a trial
- The Supreme
Court of Ohio should require racial diversity education for jurors as part
of their orientation, and for lawyers as a part of continuing legal
education
- The Supreme
Court of Ohio and the Ohio State Bar Association should institute a
comprehensive, statewide community education program on jury duty.
Action for 4-6
The Task Force recommends the Supreme Court facilitate the production of
a video for statewide use designed to address both general jury duty
orientation and racial diversity education for jurors. The production will
include scenarios featuring people of different races performing and holding
various positions in the justice system.
Legal
Profession
Recruitment/Acceptance to
1. Law schools should give priority to efforts
to recruit and retain minority student. The Commission strongly supports and
encourages affirmative action and diversity programs that attract and retain
minority students and staff.
Action
The Task Force endorses
the Commission’s recommendation and recommends the implementation in
2. The Admissions Committee should include
minority student representation.
Action
The Task Force
endorses the Commission’s recommendation and urges all law schools to comply.
3. Law schools should recruit and maintain
minorities to serve as law school faculty and staff and adopt policies aimed at
advancement toward tenure and retention of minority faculty members.
Action
The Task Force
endorses the Commission’s recommendation and urges all law schools to comply.
4. Law schools should evaluate the graduation
rates among students of color and include an objective evaluation of the scope
and effectiveness of each school’s academic support programs.
Action
The Task Force
endorses the Commission’s recommendation.
5. Law schools should review their academic
program to assess ways in which diversity values are manifest throughout the
institution.
Action
The Task Force
endorses the Commission’s recommendation.
6. Law schools should continue to review their
courses, extracurricular programming, introduction to law programs, student
orientation and student life to consider the extent to which diversity values
are embedded in their academic and nonacademic programming.
7. Law schools should continue to review
co-curricular programs to ensure minority students are actively sought out for
inclusion. Faculty and law review members should make certain the writing
competitions and application processes are fair and equal to all students.
Action for 6 and
7
The Task Force
endorses both of these recommendations and urges all law schools to continue to
do this on an annual basis, with special attention to the importance of law
review status.
8. Placement directors should be encouraged to
work with professional associations, bar organizations, minority alumni and the
courts to facilitate the entry of minority students into summer clerkships and
other opportunities which lead to professional development.
Action
The Task Force
endorses the Commission’s recommendation.
9. The Commission recommends all
Action
The Task Force
endorses the Commission’s recommendation.
10. The Commission recommends the Supreme Court
collect racial and ethnic information on bar examination candidates and monitor
the results for race-based discrepancies.
Action
The Task Force
endorses the Commission’s recommendation.
11. The Commission recommends that each law school
should continue to monitor and evaluate student and faculty recruitment and
retention. Law schools should report relevant data as may be prescribed by the
Supreme Court of Ohio.
Action
The Task Force endorses the first portion of this recommendation and
finds that the reporting portion is unnecessary because the relevant data is already
publicly available. The Task Force recommends that progress on fulfilling the
recommendation of the Racial Fairness Commission and the Racial Fairness
Implementation task Force be added as a standing agenda item for the
bench/bar/deans conference.
Recommendations
1. All groups and organizations involved in the
criminal justice system engage in a continuing process of study and discussion
with the objective of identifying and eradicating race-based attitudes and
practices.
Action
The Task Force
recommends that the Supreme Court of Ohio offer continuing legal education
courses for lawyers and judges with the aim of eradicating race-based attitudes
and practices throughout the system.
2. Statistical data as to race should be
collected as to pre-trial bond decisions.
Action
The Task Force
recommends the Supreme Court of Ohio require the collection of racial data on pre-trial
bond decisions.
3. Statistical data as to race should be
maintained in connection with sentences, including community-based sentences,
in all criminal cases, including misdemeanor , juvenile and traffic cases.
Action
The Task Force
recommends the Supreme Court of Ohio require compliance with all reporting
requirements of Senate Bill 2 to ensure that statistical data regarding race is
maintained in connection with sentences, including community-based sentences,
in all criminal cases.
4. Law enforcement agencies maintain statistical
data as to race in connection will all arrests.
5. Implementation of the recommendations of the
Ohio Commission on African-American males.
Action for 4 and
5
The Task Force
recommends that law enforcement agencies be encouraged to continue or implement
the collection of statistical data about race in connection with all arrests
and stops.
6. All attorneys who wish to do criminal defense
work should receive formal training in the basics of criminal defense, and only
be permitted to do so upon obtaining certification as to proficiency.
Action
The Task Force
recommends that all attorneys wanting to perform criminal defense work receive
formal training in the basics of criminal defense.
7. The Bowling Green State University study
should be reviewed and its recommendations be implemented.
Action
The Task Force
supports the recommendations of the 1993
8. The Supreme Court should require that Common
Pleas Courts adopt a form for purposes of complying with the requirements of
S.B. section 2953.21 (A)(5) of the Revised Code.
9. The Supreme Court should enforce the mandate
of S.B. that the Ohio Criminal Sentencing Commission monitor the effects of
S.B. 2 with regard to R.C. 181.25, Sentencing Commission Duties as amended by
S.B.2.
Action for 8 and
9
The Task Force
supports the Commission’s recommendation.
10. The Supreme Court should engage a person or
entity with the necessary skill and experience to design meaningful
methodologies for the collction and compilation of
relevant data as to race at all relevant stages of the criminal justice system,
and to monitor the collection and compilation of the data.
Action
The Task Force
recommends the Supreme Court of Ohio engage a person/entity with the necessary
skill and experience to design methodologies for collecting data on race at all
relevant stages of the criminal justice system, and to monitor its compilation.
11. The Supreme Court should establish the
responsibility for implementing the recommendations contained in this section
in the Office of the Court Administrator for the Supreme Court and require an
annual report to the public and the progress obtained.
Action
The Task Force recommends the Supreme Court of Ohio establish
responsibility for implementing the recommendations contained in this section
with the Office of the Administrative Director for the Supreme Court of Ohio
and require an annual progress report to the public.
Court
as employer/appointer
Recommendations
1. The court system should recruit, hire and
retain increased numbers of minorities in all positions in the court system.
Action
The Supreme Court of
Ohio should develop and issue an equal opportunity policy statement for
disseminating, posting and utilization by all courts in the state.
2. The diversity goal-setting plans of managers,
and the extent to which their goals are met, should be strongly evaluated in
their merit and promotion reviews.
Action
The Task Force
recommends the immediate adoption of this recommendation. Funds should be budgeted
for the retention of employment specialists to develop uniform evaluation
criteria.
3. The Supreme Court should require that each
court within the state complete a written report each year, on a form
prescribed by rule, listing statistics on the race and gender of all employees
of the court system.
Action
The Task Force
recommends the immediate adoption of this recommendation. A part of the
responsibility of the employment specialists would be the development of the
data reporting form and the format for the publication of the annual data.
4. The Supreme Court of
Action
The Task Force recommends
the immediate adoption of this recommendation, i.e. the adoption of a rule
requiring all judges and lawyers to use their best efforts to guarantee a
bias-free workplace.
5. The Supreme Court should instruct the
Action
The Supreme Court
should immediately forward instructions to the
6. The Attorney General should create a position
in the Attorney General’s office with legal authority and responsibility to
bring lawsuits in the name of the state against individuals and state agencies,
including law enforcement or court agencies, the engage in discrimination or
harassment against minorities.
Action
The Task Force
determined that the existing Civil Rights Division of the Attorney General’s
Office has the power to reach the desired goal.
7. The Supreme Court of Ohio and the OSBA should
(1) increase the representation of minorities among appointees to court boards
and commissions to improve the judiciary’s ability to relate effectively with
culturally diverse groups, (2) assure adequate minority representation on
judicial screening and nominating committees, (3) set standards in court
appointments and court volunteer programs to more accurately reflect the
population to be served, and (4) promote minority judges and lawyers into more
responsible positions.
Action
These
recommendations are all goals that are designed to assure adequate
representation on boards, commissions, committees and other important areas
within the legal system and should be implemented. This recommendation should be
coordinated with the Recommendation 3 in this section.
8. Each appellate court district should
establish a task force on the eradication of racial bias in court employment
composed of: judges, attorneys, court administrators and other citizens.
Action
This recommendation should be implemented within the next 12 months.
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