T e Maryland program,
which began in late 2012, includes a statewide judicial selection symposium series and “Path to the Bench” career panels for law stu- dents. Smaller outreach ses- sions helped inform Justice at Stake’s Path to the State Bench Guidebook, which is intended to be released in late 2013. In Arizona, Justice at Stake is partnering with the Arizona Advocacy Network, Lambda Legal, Los Abogados Hispanic Bar Association, and other groups for a pilot program that will include similar pipeline work such as a “Path to the Bench” video series. Diverse representation in the judiciary is equally impor-
tant at both the federal and state level, says Elizabeth Fujii, Justice at Stake’s deputy director for federal aff airs and diversity initiatives, “T e vast majority of litigants appear in state court, so diversity on the state bench impacts the experiences and perceptions of justice at a very direct level for more people. When a typical person faces legal matters of life, death, family, livelihood, etc., they are usually in state court,” Fujii says. “T e pilot projects are very much about leadership and community. Outreach and training are the primary components of the work.” Although the Supreme Court has grown more diverse
during the Obama administration, diversity lags throughout the rest of the judiciary. State appellate benches are occupied at a rate of nearly 2-to-1 by white males, according to data from the Brennan Center for Justice at New York University School of Law, while diverse communities are underrepresented across the board. Justice at Stake is not alone in its quest. Other organizations, such as T e Greenlining Institute, are pushing for greater representation in all spheres of governance. “As an organization representing communities of color,
those communities that are not the most wealthy or power- ful, we know those communities are the fi rst to get the shaft,” says Bruce Mirken, T e Greenlining Institute media relations director. “Judicial independence is the target and diversity in the judiciary is of critical value, particularly important for underserved communities.”
MCCA.COM
According to the
Praveen Fernandez, Elizabeth Fujii, and Bert Brandenburg are working to diversify the bench.
Brennan Center, Arizona’s population is 40 percent non-white but the state has no minority Supreme Court justices. T e Arizona Court of Appeals seats only 18 percent minorities and the Superior Court seats only 16 percent minori- ties. T at complexion, and similar judicial complexions, favors homogenous think- ing, says Justice at Stake’s Brandenburg. T erefore, Humetewa’s bid brings at least a semblance of impar-
tiality and some improvement to the U.S. court system. “A lack of diversity on the bench is a threat to equal justice
and protection of our rights and can even be a barrier to access justice,” says Brandenburg. “We view this as critical to our mission.” But even with greater diversity, Justice at Stake fears money has infi ltrated judicial elections to a catastrophic point. As the group’s national spokesperson, former Supreme Court Justice Sandra Day O’Connor is sounding warning calls over the increased growth of money in the judiciary. T e Citizens United Supreme Court decision eff ectively said
the First Amendment prohibits the government from restrict- ing political independent expenditures by corporations, asso- ciations, or labor unions. T at decision, according to Mirken and other critics, allows private interests’ money to infl uence elections and in turn the judges. According to Justice at Stake research, 85 percent of all state judges have to seek election at some point in their careers. Fundraising makes judges subservi- ent to donors, says Carl Tobias, a University of Richmond law professor who specializes in federal judicial selection. “Money and Citizens United just exacerbate the problem.
If you think money in politics is bad for electing politicians in Congress, it’s worse among judges,” says Tobias. “With judges, their responsibility is to render justice. When justice is polluted by money that’s a problem. Do you really want judges with their hats in hand asking for money?” D&B
Brian Dabbs is a freelance writer and editor based in Washington, D.C.
NOVEMBER/DECEMBER 2013 DIVERSITY & THE BAR® 43
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