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JUSTICE AT STAKE ASSOCIATION FOCUS


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AFTER SERVING AS UNITED STATES ATTORNEY FOR THE DISTRICT OF ARIZONA FOR NEARLY THREE YEARS until mid-2009, Diane Humetewa is poised to take a seat on the Arizona federal bench following her Sept. 19 nomination by President Barack Obama. But Humetewa’s candidacy is not a standard refl ection of the federal judicial fi eld. Her judgeship would mark the fi rst time in the nation’s history a Native American female has reached the federal judiciary. Humetewa would also be the sole Native American female federal judge to actively serve full time. Only two other Native Americans have reached that level. Both served in Oklahoma. One is deceased and the other on senior status. As a non-partisan group pushing for equal justice in U.S.


courts, Justice at Stake is hailing Humetewa’s nomination as a step in the right direction for more impartiality, objectivity, and fairness in the U.S. judiciary. T e group does not endorse particular candidates, but it does endorse the increased diver- sity in the American judiciary that Humetewa’s bid symbol- izes. Justice at Stake has embraced the promotion of judicial diversity and the need to combat increased money in judicial elections as two platform pillars. “It’s long overdue. T e federal bench has never had a Native


American female judge. And it’s long past time to address that,” says Justice at Stake Executive Director Bert Brandenburg. And Humetewa boasts a wealth of experience and


praise. T e American Bar Association Standing Committee on the Federal Judiciary rated Humetewa “qualifi ed” to serve at the federal level. She has garnered the support of the state’s political leadership represented in Washington, D.C., including the endorsement of Republican Sen. John McCain. T at nomination is currently pending before the Senate Judiciary Committee. T e Senate would prospec- tively deliver her confi rmation in roughly seven months, according to precedent.


BY BRIAN DABBS


“It’s a fi rst step toward hopefully a more systematic inclu-


sion [in the judiciary of ] diverse communities, including Nat ive Americans,” said Brandenburg. “Zero to one is a huge moment.” Since 2000, Justice at Stake has participated in litigation,


fi ling briefs and working to reduce special interest pressure on the judiciary, protect courts and judges from partisan attacks, educate the American public about the judiciary, and improve court funding. Among its victories is Caperton v. Massey (2009), in which the U.S. Supreme Court ruled it unconstitutional for a West Virginia state justice to hear a case that involved one of his primary campaign backers. T e group partners with over 50 organizations and receives funding from donors such as T e Bill & Melinda Gates Foundation and the Carnegie Corporation. According to Justice at Stake, the 2010 Citizens United


Supreme Court decision has allowed special interests to erode the integrity of the U.S. justice system through political intimidation and election funding. While trying to combat those threats, Justice at Stake is also actively work- ing for a more diverse state and federal judiciary through state pipeline programs and educational outreach programs. “Diverse benches increase public confi dence in the fair-


ness and impartiality of the courts,” says Praveen Fernandes, Justice at Stake’s director of federal aff airs and diversity initiatives. “T ere is evidence to suggest that diversity on the bench strengthens judicial decision-making, as it helps avoid group-think and helps to ensure that thorny legal issues are approached with rigor and thoroughness from all angles.” T e crux of the Justice at Stake’s work to engage and


“ DIVERSE BENCHES INCREASE PUBLIC CONFIDENCE IN THE FAIRNESS AND IMPARTIALITY OF THE COURTS.” —PRAVEEN FERNANDES


DIVERSITY & THE BAR® NOVEMBER/DECEMBER 2013


empower diverse communities are three state pipeline pilot programs that off er law students and lawyers opportunities to develop political and leadership skills, build a network of professional mentors, and navigate the judicial selection process. From 2011 to 2012, the Washington pilot included a series of fi ve-hour, in-depth “How to Become a Judge” training programs held throughout the state and open to all. LGBT community members, racial minorities, and women were among those who sought training to prepare for judicial appoint- ments and electoral campaigns.


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