This month is Black History Month, a celebration of important people and events in the history of the African diaspora. When I started to write this column, I struggled because I didn’t think, as a white woman, I was the best person to highlight this and that I would be inserting myself into a story that wasn’t really mine. I was going to “play it safe” and obliquely acknowledge it by talking about the importance of diversity, equity and inclusion. But then I realized that that approach missed the point. Black History Month is an opportunity for all of us to consider our historical realities and reflect on how racial inequities still affect what happens today. Are those inequities still present in our justice system? What should we, as lawyers, be doing to change? And why, in 2022, in a state where 5.2 percent of the population identifies as African American, do only two percent of lawyers do so?
The past five years have spotlighted the injustices within the legal system.
The past five years have spotlighted the injustices within the legal system. Because of in-depth reporting, community protests, and even celebrity advocacy for clemency, the public is more aware of the inequalities that seem to be inherent to the U.S. legal system. From jury selection to bail bonds that keep people in jail for offenses that normally do not result in jail time, there are multiple points in which the legal system demonstrates inequity. In Arizona, however, the Bar and the Court are working to improve our system.
Reforms in motion
While the recent elimination of preemptory challenges made the news, there were other suggested reforms, including an increase in juror pay and better juror pre-screening. These changes will allow for a more diverse group to serve as jurors: by screening jurors more thoughtfully, courts are able to bring in a smaller venire who are more likely to serve, and by increasing juror pay, we broaden the pool by including those who would have been excused for financial hardship in the past.
In addition, a proposed rule change this year will accelerate a review of conditions of release following an initial appearance in misdemeanor cases. The proposed rule change also would require that counsel be appointed to assist with conditions of release if bail is imposed, even if the sentence for the alleged crime would not result in jail time. This proposed rule change is designed to address the inadvertent loss of liberty that people experience because they cannot afford bail—not because they were convicted.
Representation that mirrors the public
To truly effect change within our legal system, we need representation that actually mirrors the general population. This does not mean quotas. Better representation can and should be achieved through community outreach, like the Bar Foundation’s “We the People” program, which brings lawyers to middle schools and high schools to encourage students who may have had no prior positive interaction with lawyers or the courts to consider studying law. And we need outreach within the legal community as well—for example, developing a more diverse group of judicial applicants by providing structured support and guidance.
Your State Bar is responding to the call for greater inclusivity, starting with the basics: Who are Arizona’s attorneys? The State Bar website now shows reported demographic information for not only the members of the Bar, but also the Board of Governors. These demographics show a greater percentage of minority groups on the Board of Governors than in the bar, including 10 percent of the board who identify as African American. We believe this is in part due our strong relationship with affinity bars and the continuation of successful programs like the Bar Leadership Institute.
Having a voice at the table is important. It is up to all of us to ensure the voices around the table reflect the public whom we serve.
