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This
list of publications has been compiled to provide resources on best or promising
practices for combating bias in the courts, and includes the sub-topics of: race
and ethnic bias, gender bias, improving court interpretation, and increasing
diversity. This list is not to be interpreted as an endorsement of any
particular program or practice by the NCSC, but rather as a resource for the
readers to examine the references and determine their usefulness for their own
purposes.
ABA
Fairness in the Courts Website ABA Section
of Litigation's Gender, Racial, and Ethnic Bias in the Courts Task Force.
Site is devoted to countering gender, racial and ethnic bias in the
courts. Features remedies used by
courts, local bar associations and individual lawyers; an electronic meeting
place for sharing ideas about ending bias in the courtroom.
Commission
on Race and Ethnic Diversity in the Profession.
American Bar Association. Projects and programs include: the Judicial
Clerkship Program, Minority Counsel Program, Minority In-House Counsel Group,
the Conference of Minority Partners, the Multicultural Women Attorney Network,
and the Spirit of Excellence Awards.
Working
to Insure Fairness in Oregon’s Justice System. Access to Justice for
all Committee. Oregon Courts.
This comprehensive Web site provides links to numerous race and ethnic
bias reports as well as gender bias reports.
Herman, Madelynn. Achieving
Fairness through Bias-Free Behavior: A Pocket Guide for the Courts.
Williamsburg, VA: National Center for State Courts, Race and Ethnic Fairness
Initiative (April 2005). A 14-page pocket guide that can be used for training
purposes. Topics covered include: recognizing bias; how bias is manifested in
the courtroom; your role in eliminating bias in the courtroom; ensuring
bias-free behavior and communication; demonstrating respect, neutrality, and
fairness; institutionalizing fairness; codes of conduct and bias; court or
disciplinary cases involving bias; and resources.
Herman, Madelynn. Race
and Gender Fairness in the Courts: Task Force and Commission Reports State
Links. National Center for State Courts, CourTopics Database (2004).
Reports of both gender bias and racial bias are provided in this comprehensive
state-by-state list. Links to actual reports are provided where available.
Access
and Fairness Fact Sheet.
California Judicial Council (January 2003). California has been very
active in their efforts to increase access and fairness in the courts. Recent
accomplishments and current projects are outlined.
For links to various race, ethnic, and gender bias reports mentioned in
this fact sheet as well as programs and activities, see the California
Judicial Council’s website.
Stevens,
Sylvia. A
New Requirement: MCLE Rule 3.3 and
what it Means to You. The
Oregon State Bar Bulletin (May 2001). Article
describes the new MCLE requirement, approved by the Oregon Supreme Court, which
encompasses ethics and professionalism as well as the role of lawyers concerning
racial and ethnic issues, gender fairness, disability issues and access to
justice.
Ramirez,
Deborah et al. A
Resource Guide on Racial Profiling Data Collection Systems: Promising Practices
and Lessons Learned. Department
of Justice Monograph (November 2000). This study explains general goals and
limitations of data collection, gives recommendations for traffic-stop data
collection, and provides recommendations for further study in racial profiling.
Justice
for All—Bias Free Behavior and Language in our Courts.
West Virginia Supreme Court Task Force on Gender Fairness in the Courts,
Implementation Committee booklet (May 2000). Booklet provides information
on practicing bias-free behavior, dealing with bias in the courtroom, and
provides recommendations for alternatives to biased language and actions.
Reducing
Racial Disparity in the Criminal Justice System - A Manual for Practitioners and
Policymakers Washington, DC: The Sentencing Project (October 2000).
This comprehensive publication discusses the definition and importance of
racial disparity, the causes of racial disparity, and the manifestations of
racial disparity at key decision points in the justice system.
It also provides a research design to identify and understand racial
disparity and offers options for reducing this disparity.
Bias-Free
Behavior in the Courts.
Michigan Supreme Court Task Force on Gender Issues in the Courts and Task
Force on Racial/Ethnic Issues in the Courts.
(1989) A practical booklet/guide that provides suggestions for bias-free
behavior in the courts and the rights and responsibilities of judges, court
employees, citizens using the court, and attorneys representing litigants in
court.
Miller,
Oronde A. and Rebecca Jones Gaston. “A
Model of Culture-Centered Child Welfare Practice.”
Child Welfare: Special Issue: Perspectives on Cultural Competence, vol.
LXXXII, no. 2 (March/April 2003): 235. Due
to many overlapping programs and issues between child welfare and the courts,
the courts can learn from the research and principles outlined in this special
issue.
In
the Interest of Justice: Cultural Awareness in California Courts.
Stockton, CA: Daly Video Services, 2002.
An educational video about the struggles of Southeast Asians in the
courtroom.
A
Judge's Guide to Bias Free Court Proceedings.
Minnesota Gender Fairness Implementation Committee. Minnesota Gender Fairness
Implementation Committee, Minnesota Implementation Committee on Multicultural
Diversity and Fairness, Conference of Chief Judges, and Minnesota District
Judges Association, 2000. (KFM5910.5 .D5
J83)
The
New Jersey Judiciary Minority Law Clerk Recruitment Program. Teaneck,
NJ: 12th National Consortium of Task Forces and Commissions to
Eliminate Racial and Ethnic Bias in the Courts, 2000.
Flores,
Carmen. The Court as Employer: Best Practices for Ensuring a Bias Free
Environment and Attaining a Diverse Workforce. New Jersey Courts, 2000. (KFN2310.5
.A3 F58)
Simpson,
Elgin. Nevada Supreme Court Task
Force Implementation Committee for the Elimination of Racial, Economic and
Gender Bias in the Justice System 1999 Interim Report.
Las Vegas, NV: Nevada Supreme Court Task Force, 1999.
(KFN1110.5
.A3 S56)
Edwards,
Lonzy F. Race Relations for
Court Personnel: A Guide to Handling Racial Bias for Judges, Lawyers, Neutrals,
and their Staffs. Macon, GA:
Magnolia Pub. Co., 1998. (KF9223
.E38 1998)
Richardson,
John Gregory. Bias in the Court:
Focusing on the Behavior of Judges, Lawyers and Court Staff in Court
Interactions. Williamsburg, VA:
National Center for State Courts, 1997. (KF8725
.R53) 
A
Systemic Approach Toward the Elimination of Racial and Economic Bias in Nevada's
Justice System: Report to the Nevada Supreme Court. Nevada.
Supreme Court. Task Force for the Study of Racial and Economic Bias in the
Justice System, 1997. (KFN11110.5
.A3 N4)
Establishing
and Operating a Task Force or Commission on Racial and Ethnic Bias in the Courts.
Williamsburg, VA: National Center for State Courts, 1995.
(KF9223
.E88 1995)
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Herman, Madelynn. Diversity
Resource Guide. NCSC CourTopics database. Provides information and
resources on increasing diversity in the courts.
Best
Practices in Diversity
from the St. Louis
Business Diversity Initiative. This article describing the
St. Louis Business Diversity Initiative explains the necessity and importance of
a diverse workforce and supplier base for corporations in and around St. Louis.
Diversity
Programs and Model Policies.
Bar Association of San Francisco.
Encourage
Diversity Initiatives.
Professionalism of Lawyers and Judges. Website provides information on
Albany County Bar Association Diversity Internship Program and the Diversity
Training Program started by the Permanent Advisory Committee on Women and
Minorities in the Courts to the Supreme Court of Rhode Island.
Justice
at Stake: More Resources on Diversity in State Courts. Justice at Stake
Campaign. This site provides a list of resources and websites relating to
increasing diversity in the court system.
The
Massachusetts Legal Services Diversity Coalition Model Action Plan.
A summary from the Legal Services Corporation website.
Herman,
Madelynn M. Diversity
in the Courts. Report on
Trends in the State Courts, 2002 Edition, National Center for State Courts
(December 2002). Includes best
practice list for achieving staff diversity.
Fetter,
Theodore J. “New
Jersey’s Program to Build and Develop a Diverse Workforce.” NCSC
CourTopic Database (November 18, 2002). As
a founding member of the Consortium of Race and Ethnic Bias Task Forces, New
Jersey has been very active in addressing minority concerns in their courts and
has instituted many programs to combat race and ethnic bias.
This article describes various initiatives the New Jersey Judiciary has
instituted to combat bias in the courts such as, outreach in hiring, a minority
law clerk program, training, investigation of complaints, and the Supreme Court
Committee on Minority Concerns. See
also, Minority
Concerns Reports from the New Jersey Judiciary.
Reichenburg,
Neil E. Best
Practices in Diversity Management.
International Personnel Management Association, May 2001.This
presentation provides information on the importance of diversity, diversity best
practice organizations, and a comparison between the diversity programs of the
state of Oklahoma, the state of Washington, the state of Wisconsin, and the City
of St. Petersburg, FL.
Steele, Jeanna. Establishing
Best Practices in Diversity. Minority
Corporate Council Association. The MCCA's Roundtable has been working since 1999
to represent minorities in corporate law departments through the refinement of
the Diversity Best Practices.
Ghannam,
Jeffrey. “Making Diversity Work.” ABA Journal (March 2001): 58.
Flores,
Carmen. The Court as Employer: Best Practices for Ensuring a Bias Free
Environment and Attaining a Diverse Workforce. New Jersey Courts, 2000.
(KFN2310.5
.A3 F58)
Just
Us On Justice: A Dialogue on Diversity Issues Facing Virginia Courts: A
Multi-part Curriculum for Institutionalizing Diversity Training in the Virginia
Judicial System.
Alexandria, VA: McKinley Group, 1998. (KFV2910.5
.D5 J9 1998)
Glover,
Denise Marie. A Total Approach to Diversity: An Assessment and Curriculum
Guide for State Courts. Williamsburg, VA: National Center for State Courts,
1997. (KF8700
.G58)
Geong,
Wilson. Work Force Diversity
Resource Directory for Washington State Courts. Olympia: WA: The Commission,
1997. (KFW 524.5
.W67 1997)
Recruitment/Workforce
Diversity Education Program.
Washington State Minority and Justice Commission, 1996. (KFW510.5
.D5 R44)
Nile,
Lauren N. Developing Diversity
Training for the Workplace : A guide for Trainers.
Washington, D.C.: National Multicultural Institute, 1994.
(HF5549.5
.M5 N55)
Jones,
Shirley. Valuing Diversity:
Resource Materials . Salt Lake City, UT: Education Division, The
Administrative Office of the Courts, 1993. Materials
and program developed under grant JI-92-02B-A-160 of the State Justice Institute
to implement training of staff and judges regarding the value of diversity. (KFU508
.J66 1993)
The
Court’s Image: Diversity Training for Court Administrators: Humane Court
Management.
Michigan
Judicial Institute, 1992. (KFM4710.5
.D5 C68)
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A
Report on Interpreter Services in the Vermont State Courts. Sub-Committee on
Court Interpreters Committee on Fairness and Equal Access to Justice (June 2004).
This report highlights recommendations to improve court interpretation in the
growing linguistic diversity in the Vermont court system.
For
further information on court interpretation, please see the Court
Interpretation Resource Guide and Court Interpretation Frequently
Asked Questions from the NCSC CourTopics Database as well as the NCSC
Research Division’s WebPages on Court
Interpretation. These pages
include links to the National Consortium for State Court Interpreters. This
program has been selected as one of 15 semi-finalists for the 2002 Innovations
in American Government Award sponsored by the Kennedy School of Management at
Harvard University.
Management
of a Court Interpreter Program.
NCSC
Best Practice Institute (2002). Describes promising management strategies for
court interpreter programs.
Improving
Interpretation in Wisconsin’s Courts: A report on court-related interpreting
and translation with recommendations on statute and rule changes, budget items,
interpreter training programs and certification tests, and judicial and
professional education programs. Madison, WI:
Committee to Improve Interpreting and Translation in the Wisconsin Courts, 2000. (KFW
2926 T72 C66). This report directed towards the Wisconsin Director of
State Courts provides suggestions and recommendations on statute and rule
changes, budget items, interpreter training programs and certification tests,
and education programs.
Access
to Justice Journal: Special Issue on Interpretation.
Vol. 1, no. 1 (Summer 1999). Oregon Judicial Department, Access to Justice for
All Committee. Journal is presented to educate readers on fairness related
programs, activities, and issues along with the work of the Access to Justice
for All Committee.
“Overcoming
the Language Barrier: Achieving Professionalism in Court Interpreting.”
State Court Journal – Special Issue. Williamsburg, VA: National Center for
State Courts, 20:1 (1996) This article provides information on court
interpreting from a judge's prospective, recommendations for judges, and current
actions by states across the country in the field of court reporting.
Hewitt,
William E. "Court
Interpretation: Model Guides for Policy and Practice in the State Courts."
Williamsburg, VA: National Center for State Courts, 1995. (KF8807 .H49).
This article provides information on the importance of language interpretation
in the courts, training for court interpreters, and a guide for judges
concerning the standard for interpreted proceedings.
Best
Practices Manual on Interpreters in the Minnesota State Court System.
MN: Supreme Court, Court Interpreter Advisory Committee, 1999.
(KFM5926
.T72 M5)
Hewitt,
William E. Court Interpretation Services in the Federal and State
Courts—Reasons and Options for Inner-Court Coordination Final Report.
Williamsburg, VA: National Center for State Courts, 1998.
(KF8807
.C68)
Hewitt,
William E. Managing Language Problems: A Court Interpreting Education Program
for Judges, Lawyers, and Court Managers. Williamsburg, VA: National Center
for State Courts, 1997. (KF8807
.H486)
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The
Intersection of Racial and Gender Bias. The Third Circuit Task Force
on Equal Treatment in the Courts: The Pennsylvania Supreme Court. This report
highlights the Committee's findings regarding gender and racial bias in
Pennsylvania courts and provides recommendations to combat racist and sexist
policies and procedures.
Model
Policies and Reports.
Women in the Legal Profession. Website
provides information for women concerning alternative work schedules, attrition,
careers & compensation, diversity, family, gender bias in the courts,
quality of life, sexual harassment, and sexual orientation.
Shafran,
Lynn Hecht and Norma J. Wickler. Gender
Fairness in the Courts: Action in the New Millennium.
National Judicial Education Program, A project of NOW Legal Defense and
Education Fund in cooperation with the National Association of Women Judges,
2001. This implementation strategy
manual discusses: key components to achieve and secure gender fairness in the
courts, strengthening gender bias task forces and implementation standing
committees as vehicles for reform, and integrating gender fairness concerns into
court planning and reform initiatives.
Guidelines
for Gender Neutral Courtroom Procedures.
The Texas Center for Legal Ethics and Professionalism (2001).
Contains information on recognizing gender bias, how gender bias is
manifested in the courtroom, suggested ways to avoid gender bias, and
responsibility for eliminating gender bias in the courtroom.
New
York’s Efforts to Assess Bias Against Women in the Courts.
New York State Task Force on Women in the Courts (2001).
Recommendations and a summary of findings by the New York State Task
Force on Women in the Courts. Assesses
progress towards the goal of a court system free of bias for all.
Shafran,
Lynn Hecht, Norma J. Wickler and Jill Crawford. The
Gender Fairness Strategies Project: Implementation Resources Directory.
National Judicial Education Program, A project of NOW Legal Defense and
Education Fund in cooperation with the National Association of Women Judges,
1998. This article presents the Directory's information on Substantive Law
Areas, Collaboration with Others, and useful resources/products.
Shafran,
Lynn Hecht and Norma J. Wickler. Operating
a Task Force on Gender Bias in the Courts: A Manual for Actions.
Washington, DC: The Foundation for Women Judges, 1986. Report on
Foundation's task force provides information on the process to create and begin
a task force, data collection methods, dissemination findings and
recommendations, implementing reforms, and response of the judicial and legal
community.
Mills,
Linda G. A Penchant for
Prejudice: Unraveling Bias in Judicial Decision Making.
Ann Arbor: University of Michigan Press, 1999.
Discusses unraveling bias, a mandate for a uniform and affective justice,
uniformity and affectivity, disengaging discourses, signifiers of stereotyping,
and planning for prejudice. (KF3650.5
.M55 1999)
When
Bias Compounds: Insuring Equal Justice for Women of Color in the Courts.
New York, NY: National
Judicial Education Program to Promote Equality for Women and Men in the Courts,
1998. “A model judicial education
curriculum.” Discusses the
implications of stereotypes for women of color in the courts, the intersection
of race and gender and its implications for the law, findings of the task forces
on racial and ethnic bias in the courts respecting women of color, women of
color attorneys in the courts and the profession, stereotypes about African
American women and implications for the courts, controlling the courtroom and
the courthouse, women of color as victims of gender-based
violence,
action planning, and the cultural defense and cultural evidence.
(KF478 .W53
1998)
Gender
Bias: Guidelines for Judicial Officers: Avoiding the Appearance of Bias.
California. Judicial Council. Advisory Committee on Access and Fairness. San
Francisco, CA: The Judicial Council, 1996. (KFC77.6 .G4
G46)
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| Date Last Modified:May 20, 2008 |
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