State Bar of California

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State Bar of California Council on Access
Fairness
Beauty and the Bench The Judicial
Perspective
Panelists Hon. Brenda Harbin-Forte , Alameda
County Superior Court Chair, Judicial Committee,
State Bar Council on Access Fairness Hon.
Erica Yew, Santa Clara County Superior
Court Hon. Robert Tafoya, Kern County Superior
Court Hon. Kevin McCarthy, San Francisco County
Superior Court Fredericka McGee, Esq., General
Counsel, Office of the Speaker, Assemblymember
John A. Perez Moderator Christine Noma, Esq.,
Partner, Wendel, Rosen, Black Dean, LLP
California Minority Corporate Counsel
Program September 30, 2010 San Francisco
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State Bar of California Council on Access
Fairness
FIRST, A WORD FROM OUR SPONSOR

• Note All Access Fairness activities are
  funded through voluntary contributions to the
  State Bar.
• No mandatory attorney dues are used for these
  activities.
• (Keller and Brosterhous Limitations)

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State Bar of California Council on Access
Fairness
2020 Projections for California
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State Bar of California Council on Access
Fairness
Racial/Ethnic Minorities in the Professions in
California
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State Bar of California Council on Access
Fairness
California State Bar Diversity
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State Bar of California Council on Access
Fairness
Race/Ethnicity Statistics
State Bar of California Demographics 1991 to 2004 State Bar of California Demographics 1991 to 2004 State Bar of California Demographics 1991 to 2004 State Bar of California Demographics 1991 to 2004 State Bar of California Demographics 1991 to 2004 State Bar of California Demographics 1991 to 2004 State Bar of California Demographics 1991 to 2004
Race/ Ethnicity State Bar 1991 Data California 1990 Census State Bar 2001 Data California 2000 Census State Bar 2006 Data California 2004 Census
African American 2.0 7 2.4 6.7 1.7 6
Asian Pacific Islander 3.0 9 6.0 11.2 5.3 12
Hispanic/ Latino 3.0 26 3.7 32.4 3.8 35
Other Minority 1.0 1 4.9 3 4.8 3.6
Total Minorities 9.0 43 17.0 53.3 15.6 56.6
Caucasian 91.0 57 83.0 46.7 84.4 43.4
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State Bar of California Council on Access
Fairness
Gender Statistics
State Bar of California Demographics 1991 to 2001 Women in the Profession State Bar of California Demographics 1991 to 2001 Women in the Profession State Bar of California Demographics 1991 to 2001 Women in the Profession State Bar of California Demographics 1991 to 2001 Women in the Profession State Bar of California Demographics 1991 to 2001 Women in the Profession State Bar of California Demographics 1991 to 2001 Women in the Profession
State Bar 1991 Data California 1990 Census State Bar 2001 Data California 2000 Census State Bar 2006Data California 2004 Census
26.0 49.94 32.0 50.2 34.0 50.7
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State Bar of California Council on Access
Fairness
LGBT Statistics
State Bar of California Demographics 1991 to 2001 LGBT in the Profession State Bar of California Demographics 1991 to 2001 LGBT in the Profession State Bar of California Demographics 1991 to 2001 LGBT in the Profession State Bar of California Demographics 1991 to 2001 LGBT in the Profession State Bar of California Demographics 1991 to 2001 LGBT in the Profession State Bar of California Demographics 1991 to 2001 LGBT in the Profession
State Bar 1991 Data California 1990 Census State Bar 2001 Data California 2000 Census State Bar 2006 Data California 2004 Census
3.0 5.2 2.1
Statistics not available
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State Bar of California Council on Access
Fairness
Attorney Demographics in the Private Sector vs.
Large Firms
Minority African American Asian Pacific Islander Hispanic/ Latino
Statewide Population 53.3 6.7 11.2 32.4
PARTNERS PARTNERS PARTNERS PARTNERS PARTNERS
Minority African American Asian Pacific Islander Hispanic/ Latino
California 4.04 1.38 1.31 1.2
ASSOCIATES ASSOCIATES ASSOCIATES ASSOCIATES ASSOCIATES
Minority African American Asian Pacific Islander Hispanic/ Latino
California 14.63 4.07 7.01 2.96
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WHY VALUE JUDICIAL DIVERSITY?
State Bar of California Council on Access
Fairness

• In my view, a diverse bench not only will
  maintain and enhance our states tradition of
  having an excellent judiciary, but also will
  serve to reinforce our guiding principle that
  we are committed to making our justice system
  fair and accessible to all.
• Chief Justice Ronald M. George, Welcoming
  remarks, Continuing a Legacy of Excellence A
  Summit on Diversity in the Judiciary, June
  2006, San Jose, CA, convened by the State Bar

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WHY VALUE JUDICIAL DIVERSITY?
State Bar of California Council on Access
Fairness

• When you recognize that, in the United
  States, it is the ability to petition our courts
  for fairness that keeps people from seeking
  justice in the streets, then you understand that
  diversity in the legal profession is critical for
  democracy to survive.
• Judge Dennis Archer (Ret.), Past ABA president

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WHY VALUE JUDICIAL DIVERSITY?
State Bar of California Council on Access
Fairness

• The benefits of a judiciary that is diverse go
  beyond the symbolic. We require jury pools to be
  representative of the community not just because
  it reduces the perception of bias, but because it
  reduces the actual opportunity for bias. The
  benefits that accrue from having 12 diverse
  viewpoints on a jury are similarly present when
  it comes to diversity on the bench. Editorial,
  American Judicature Society Magazine,
• March/April 2010 ed.

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WHY VALUE JUDICIAL DIVERSITY?
State Bar of California Council on Access
Fairness

• Judges can and do influence each other. They
  exchange ideas on and off the bench. A judiciary
  that is comprised of judges from differing
  backgrounds and experiences leads to an interplay
  and exchange of divergent viewpoints, which in
  turn prevents bias, and leads to better, more
  informed decision making. Diversity of opinion
  among decision makers encourages debate and
  reflection, and fosters a deliberative process
  that leads to an end product that is greater than
  the sum of its parts.
  Editorial, American Judicature Society
  Magazine,
• March/April 2010 ed.

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State Bar of California Council on Access
Fairness
Diversity in the California Courts
Compiled by COAF Judiciary Committee
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State Bar of California Council on Access
Fairness
Diversity in the California Courts
Compiled by COAF Judiciary Committee
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State Bar of California Council on Access
Fairness
Diversity in the California Courts
Compiled by COAF Judiciary Committee
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State Bar of California Council on Access
Fairness
Diversity in the California Courts
Note From the Judicial Councils 2010 annual
SB56 report. The remaining 8.5 of the bench
fall into the categories of American Indian,
More Than One Race, Some Other Race, or
Information Not Provided. The report shows
that 60 judges provided no information on
ethnicity. If one assumes that 73.6 of those 60
judges are Caucasian, an additional 44 Caucasian
judges would be added to the 1200 self-identified
ones, for a total of 1244 Caucasian judges. This
results in a representation of 76.3, as opposed
to the lower 73.6 figure in the JCs Annual
Report. The percentages of African American,
Asian Pacific Islander, and Latino judges would
also increase slightly if representative
percentages of the non-responding group are
factored in.
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WHY POPULATION AND NOT BAR MEMBERHIP
State Bar of California Council on Access
Fairness

• Goal 1 of the California Judicial Councils
  strategic plan is to achieve a judicial branch
  that will reflect the diversity of the states
  residents. Access to justice issue.
• I strongly believe that any judge should be able
  to fairly hear and decide any case, no matter who
  the parties and regardless of the racial, ethnic,
  religious, economic or other minority group to
  which they belong. Nevertheless, it cannot be
  questioned that a bench that includes members of
  the various communities served by the courts will
  help instill confidence in every segment of the
  public that the courts are indeed open to all
  persons and will fairly consider everyone
  claims. California Chief Justice Ronald M.
  George, 2007 remarks to Senate Judiciary
  Committees Public Hearing on the Judicial
  Selection Process

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WHY POPULATION AND NOT BAR MEMBERHIP
State Bar of California Council on Access
Fairness

• Lawyers dont own cases, causes of actions,
  claims CLIENTS DO
• CLIENTS come from the general population
• Lawyers want fair results for CLIENTS
• Explosion of self-represented litigants who come
  from the general population
• PUBLIC trust and confidence general
  population trust and confidence in our court
  system

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Ethnic Diversity All Courts YE 2009

Source Judicial Council
2010 Annual SB56 Report
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State Bar of California Council on Access
Fairness
Ethnic Diversity - Courts of Appeal - YE 2009
Source Judicial Council 2010 Annual SB56 Report
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State Bar of California Council on Access
Fairness
Ethnic - Superior Courts YE 2009
Source Judicial Council 2010 Annual SB56 Report
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San Francisco Bay Area Dec 2009
State Bar of California Council on Access
Fairness
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Central Valley - Dec 2009
State Bar of California Council on Access
Fairness
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State Bar of California Council on Access
Fairness
Southern California - Dec 2009
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THE CASE FOR GENDER DIVERSITY

• Juror in contempt for not disclosing Hs
  occupation, but male jurors not asked Ws
  occupation
• Lowered bail convicted rapist-DV case using
  knife-allowing Def to be reunited w/ dog would
  cool his temper

• Insisted attorney use her husbands surname in
  court, though she had retained birth name
• Rules are like women made to be violated
• Rape victim was coyote ugly

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State Bar of California Council on Access
Fairness
Gender All CourtsYE 2009
1,631 Sitting Judges
(29.2)
(70.8)
Source Judicial Council 2010 Annual SB56 Report
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California Courts Gender YE 2009
State Bar of California Council on Access
Fairness
Court Female N Male N TOTALS N
Supreme Court 3 42.9 4 57.1 7 100
Courts of Appeal 30 29.4 72 70.6 102 100
Superior Courts 444 29.2 1078 70.8 1522 100
TOTALS 477 29.2 1154 70.8 1631 100
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State Bar of California Council on Access
Fairness
Diversity in the California Courts by Gender
YE 2009 (Raw Numbers)
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THE POTENTIAL POOLEligible for Judicial
Appointment (passed bar between 1979 and
2000)
State Bar of California Council on Access
Fairness
Women African American Asian American Latino Other Minority
53,128 4,491 8,506 6,678 4,788
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THE POTENTIAL POOL- WHO QUALIFIES THE QUALIFIED?
State Bar of California Council Access Fairness

• Informally The Governors Judicial Selection
  Advisory Committees (aka Secret Committees)
• Membership, including diversity thereof, not
  known or made public, criteria used to evaluate
  candidates not known or made public, methods of
  investigating candidates not known or made public
• Formally State Bars Commission on Judicial
  Nominees Evaluation (aka Jenny Commission)
• Membership, including diversity thereof, is known
  and made public, published criteria for
  evaluating candidates, broad input from all
  stakeholders, members receive bias training and
  cultural sensitivity training.

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THE POTENTIAL POOL- WHO QUALIFIES THE QUALIFIED?
State Bar of California Council Access Fairness

• Formally Local and Minority Bar Judicial
  Appointments Evaluation Committees
• -- Appointments through bar association
  policies and protocols membership,
• including diversity thereof, is known and made
  public specific criteria for evaluating
  candidates

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State Bar of California Council on Access
Fairness
The Potential Pool -- Ethnic Applications and
JNE Commission Evaluations 2006-2009
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The Potential Pool -- JNE Ratings by Ethnicity
2006 - 2009 (raw numbers)
State Bar of California Council on Access
Fairness
EWQ 06 07 08 09 WQ 06 07 08 09 Q 06 07 08 09 TOTALS
Asian/PI 0 1 1 0 4 7 2 3 3 10 10 10 51
Black 1 1 0 1 1 7 5 5 6 16 17 9 69
Hispanic 3 2 1 0 9 13 10 5 15 16 21 7 102
TOTALS 11 71 140 222
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State Bar of California Council on Access
Fairness
Ethnic Diversity of Appointments
January 1, 2006 December 31, 2009
TYPE OF COURT NUMBER OF APPTS ETHNIC DIVERSITY OF APPOINTEES ETHNIC DIVERSITY OF APPOINTEES ETHNIC DIVERSITY OF APPOINTEES ETHNIC DIVERSITY OF APPOINTEES
African American Asian/ Pacific Islander Latino Total Ethnic
Supreme Court 0 N/A N/A N/A N/A
Courts of Appeal 18 3 1 0 4
Superior Courts 349 34 26 43 117
All Courts 367 37 27 43 107
Diversity information
compiled by COAF
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The Potential Pool -- JNE Ratings by Gender 2006
- 2009 (raw numbers)
State Bar of California Council on Access
Fairness
EWQ WQ Q Totals
Women 06 2 15 34 51
Women 07 2 19 47 68
Women 08 1 16 67 84
Women 09 2 21 39 62
Totals 7 71 187 265
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The Potential Pool Applications and
Appointments by Gender - 2006-2009
State Bar of California Council on Access
Fairness
Sources Applications Governors annual SB 56
reports Forwarded JNEs annual SB 56 reports
Ratings JNEs annual SB 56 reports Appointed
COAF
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State Bar of California Council on Access
Fairness
Gender Diversity of Appointments
January 1, 2006 December 31, 2009
TYPE OF COURT NUMBER OF APPTS GENDER DIVERSITY OF APPTS GENDER DIVERSITY OF APPTS
Men Women
Supreme Court 0 N/A N/A
Courts of Appeal 18 13 5
Superior Courts 349 234 115
All Courts 367 247 120
Diversity information
compiled by COAF
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State Bar of California Council on Access
Fairness
Diversity in the California Courts
Data compiled by the by the Courts Working Group
of the State Bars Diversity Pipeline Task Force
for the June 2006 Summit on Diversity in the
Judiciary.
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State Bar of California Council on Access
Fairness
Gender Diversity in the Courts
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HOW TO INCREASE JUDICIAL DIVERSITY
State Bar of California Council on Access
Fairness

• Recruit and encourage minorities, women, LGBTs,
  attorneys with disabilities, etc, to apply
• Push for better retirement system to attract more
  applicants

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HOW TO INCREASE JUDICIAL DIVERSITY
State Bar of California Council on Access
Fairness

• Encourage more judicial mentoring programs ACBA
  model

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HOW TO INCREASE JUDICIAL DIVERSITY
State Bar of California Council on Access
Fairness

• Level the playing field by providing
  opportunities for women, minority, and LGBT
  judges, as well as judges with disabilities,
  etc., to sit on assignment on the appellate courts

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HOW TO INCREASE JUDICIAL DIVERSITY
State Bar of California Council Access Fairness

• Educate public on importance of diversity, and
  provide status report on levels in communities
• Encourage courts in each county to put on
  court-sponsored programs on how to become a judge

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TIME FOR YOU TO JOIN THE EFFORT TO INCREASE
JUDICIAL DIVERSITY?
State Bar of California Council Access Fairness

• . . . It may well be that we will have to repent
  in this generation, not merely for the vitriolic
  words of the bad people and the violent actions
  of the bad people, but for the appalling silence
  and indifference of the good people, who sit
  around and say wait on time. Somewhere we must
  come to see that social progress never rolls in
  on the wheels of inevitability. It comes through
  the tireless efforts and the persistent work of
  dedicated individuals, and without this hard
  work, time itself becomes an ally of the
  primitive forces of social stagnation. So we must
  help time. We must realize the time is always
  right to do right.
• Excerpt from address by Dr. Martin Luther King,
  Jr. Memorial Auditorium, Stanford University,
  April 14, 1967