Maryland Bar
Bulletin
Publications :
Bar Bulletin |
August, 2004 |
JUDICIAL FAIRNESS JUDGED
~Court report reveals differing perceptions contingent on
race and ethnicity~
By Janet
Stidman Eveleth
A recent study by the
judiciary’s Commission on Racial and Ethnic Fairness in the Judicial
Process (CREF) indicates the majority of Marylanders find the courts to be
fair and unbiased. However, “minorities are much more likely than whites
to believe the judicial system is unfair.” A significant number of
citizens who are poor and members of minority groups question the fairness
of the courts and perceive discrimination to exist within our state’s
justice system. To address this perception, the Commission has proposed a
series of 19 broad sweeping measures for consideration by the Court of
Appeals.
Created in October 2001,
CREF initiated a comprehensive probe of racial and ethnic fairness in the
state’s court system that included a poll of 11,000+ litigants, a series
of public hearings across Maryland and written testimony of personal
accounts. In the Commission’s June 2004 final report, CREF reveals that,
of the 491 poll respondents, while “40 percent believe Maryland’s courts
act impartially toward both sides without regard to race/ethnicity and
economic status, only 19 percent of minorities and 25.7 percent of those
with low-incomes agreed.”
Overall, CREF’s examination
detected “substantially different perceptions of the courts based on the
racial/ethnic and economic difference of respondents.” In general it found
“whites and the more affluent generally believe the court processes are
fair and are more likely to expect fair treatment in the courts than
minorities and the less affluent.” The Commission was troubled by
revelations such as the 30 percent of minority respondents who believe the
outcome of a case was due to race or ethnicity.
Thus, CREF is recommending
that the “courts zealously pursue the goal of fairness.” To facilitate
this goal, CREF is recommending everything from a formal discrimination
complaint procedure, court outreach programs in languages other than
English, public education, racial and ethnic training workshops on
diversity for judges and court personnel, a required diversity training
program for all new attorneys and the broadening of jury pools.
Background
In 1989, when a Bar/Bench study uncovered widespread gender bias in the
state’s court system, the Bar and the Bench immediately created the Select
Committee on Gender Equality to initiate educational programs, sensitivity
training, new legislation, court decisions and other corrective measures
to eliminate gender bias in Maryland Courts. This issue was revisited in
2000, when the Select Committee on Gender Equality conducted a 10-year
retrospective gender equality survey to ascertain what progress the court
system had made in addressing gender bias attitudes, perceptions,
experiences and overall improvements. Although this probe showed overall
improvements in gender equality, it found that gender bias persisted in
the court system. Even more alarming, problems of racial and ethnic bias
surfaced during this study.
The most troubling
revelation stemming from the Committee’s 2001 report was “the perception
that racial and ethnic bias was more prevalent than gender bias.”
According to the report, “a significant percentage of judges, attorneys
and court employees believed that racial and/or ethnic bias was a factor
in the administration of justice and affected the treatment of litigants,
attorneys and court employees.” To address this, the Committee recommended
the formation of a group to study racial and ethnic fairness in Maryland’s
court system.
In 2002, the Honorable
Robert M. Bell, Chief Judge of the Court of Appeals of Maryland, created
the Commission on Racial and Ethnic Fairness in the Judicial Process,
naming Judge Dale R. Cathell Chair. The Chief Judge directed this
Commission to examine court-related equality issues affecting the
African-American, Hispanic and Asian communities by focusing on feedback
from judges, lawyers and court employees and contact with litigants,
witnesses and jurors. Its primary mission was to raise both public and
professional awareness of the impact of race and ethnic origin on the fair
delivery of justice in Maryland.
To explore the issue of
racial and ethnic fairness, the Commission polled actual court
participants in or users of the court systems of Maryland. It sought to
focus on the courts’ interactions with interested parties throughout the
litigation experience. To this end, it designed and disseminated a
136-question survey to well over 11,000 litigants who had cases in
District Court and Circuit Court during FY 2001 and 2002. At the same
time, CREF conducted a series of four public hearings in different parts
of the state and also solicited written testimony.
Findings
Among the survey results, CREF discovered minorities are more likely to be
the court users in family, juvenile and other civil courts and that 40
percent of them believed whites receive better treatment in juvenile
court. Three times as many believed they could not get a fair trial in
family court. In terms of criminal court, where almost half of the
responses originated, twice as many respondents were minorities than
white, and a significant number of minorities reported unfairness in the
trial courts. However, more respondents believed the process was fair than
unfair.
Problems were also cited
with perceived unfair treatment with respect to police departments,
state’s attorneys and public defenders. In addition, minorities and the
less-affluent reported significantly more difficulty in retaining adequate
legal representation. Overall, 41 percent said they could not afford to
hire an attorney and 56 percent of these respondents were minorities.
Both minorities and whites
reported that more whites served on juries than minorities and generally
more whites than minorities believe the court process is fair. Unequal or
unfair treatment by judges, masters and court personnel is not often
observed. Finally, although there was a very low response rate on the part
of ethnic minorities, significant language and culture problems were
uncovered.
Recommendations
To tackle this unbalanced perception of fairness in Maryland’s justice
system, CREF has recommended a number of measures to enhance the
understanding and view of the courts held by low-income and minority
groups. One of its top proposals is an anonymous formal discrimination
complaint procedure so court users can register timely bias complaints
with an appropriate officer of the court. It urges the Court of Appeals to
adopt a procedure for the review and resolution of complaints and for
notification to the complainants. It further recommends that courts
prominently post their positions on racial, ethnic and economic fairness.
Public education and
diversity training are strongly suggested for all court players, including
judges, lawyers, court personnel, litigants, police officers and social
service agencies. Education and training regarding ethnic cultural,
language, translation and interpretation services should be greatly
expanded. CREF also recommends increasing the pool of available jurors
from diverse and ethnic backgrounds and possibly compensating low-income
jurors for child and elder care. Other reforms to improve the perception
of fairness are also proposed and will be considered by the Court of
Appeals.
Conclusion
“Sadly, perceptions of racial, ethnic and economic bias may never be
eliminated,” the CREF report concludes. But, “the continued vitality of a
strong, healthy and vibrant court system depends in large part upon how
the courts are perceived. Achieving racial, ethnic and economic fairness
is one of the inherent missions of the court system…Fairness will always
be the goal, and progress toward this goal will be seen as a continuing,
perpetual effort to afford equal justice – the primary function of the
courts.”
“It is apparent from the
analysis and recommendations in the report that the Commission, under
Judge Cathell’s leadership, demonstrated its commitment toward ensuring
racial and ethnic fairness in the courts,” states the Honorable Robert M.
Bell, Chief Judge of the Court of Appeals of Maryland. “I commend the
members for their dedication. The task ahead for the Court is to
prioritize the implementation of the recommendations.”
A copy of this report is
available on the court website at
www.courts.state.md.us/publications/racialethnicfairness.
