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California Needs to Create a Judiciary that Reflects its Rich Diversity

Mike Davis,
Member
California State Assembly
California prides itself on its rich history of diversity. In fact, California is one of four “minority majority” states in this country, with a Caucasian population of 43 percent.
Yet a review of the recent California Administrative Office of the Courts’ survey shows a judiciary that remains decidedly Caucasian and male. Specifically, the data indicates that 70 percent of the state's judges are Caucasian and 72 percent are men. These percentages are believed to be even higher because 36 percent of Riverside County judges did not respond to the survey. Riverside County’s judiciary is heavily Caucasian and male.
We need to create a judiciary that better reflects California’s diverse population. California Chief Justice Ronald George noted, “The diversity of California is one of its greatest strengths. . .Having individuals who reflect that diversity reinforce the important message that ours is a system open to all and that individuals drawn from any segment of society can preside fairly and objectively over all claims involving Californians from every background.” Governor Schwarzenegger should take heed with George’s statement and appoint more minority judges.
California needs people from all races and backgrounds to be included. This is particularly true in the criminal justice system, for which our goal is to create public confidence.
Although California’s judges are decidedly Caucasian, California’s prison population is overwhelmingly African-American and Latino. In 2005, according to the California Department of Corrections, 67 percent of all male prison inmates in California were African-American or Latino.
African-Americans are particularly overrepresented in the penal system, representing 7 percent of California’s general population and 29 percent of its male prison population. Latinos represent 35 percent of the general population and 38 percent of the male prison population. This is just one reason why a judiciary that better reflects people that come before the criminal justice system will create an environment of fairness.
I am not saying that only African-American judges can be fair to African-American defendants. However, studies have shown the frequency with which judges hand down disproportionate prison sentences to African-American defendants. Studies further show that African-Americans receive harsher first-time sentences than their Caucasian counterparts. This demonstrates that individuals with similar backgrounds and experiences may be in a better position to determine the appropriate punishment for African-Americans who come before the courts.
While California is pouring over $7 billion into building new prisons and creating accommodations for 53,000 inmates, we need to re-examine our commitment to providing quality education and job opportunities for our youth so that criminal activity will not be an option. Increasing the size of the penal system without adequately investing in our youth is a recipe for disaster that will endanger the very fabric of our great state. The Governor’s program for funding anti-gang programs is only a beginning.
The passage of SB 56 created 50 new trial-court judgeships in California. Furthermore, the State Bar Judicial Council anticipates that an additional 100 judgeships will be approved by the California Legislature over the next two years. This is an unprecedented number of new judges at one time in California.
The Governor’s judicial appointments must reflect California’s rich diversity. Equally important is addressing the issue of prisons being overpopulated by minorities, particularly African-Americans. This could begin with having more judges that look like the defendants coming before them.
Finally, like many other professions, the judiciary will experience a wave of retirements soon from its baby-boomer member; many African-Americans will be among them. This only increases the need to pay close attention to the number of minority appointments in California’s Judiciary.
Since Schwarzenegger took office in 2003, appointing minority judges has been a challenge. The pressure to keep California’s Judiciary 70 percent Caucasian males is great. Yet, the governor is armed with a very capable and talented judicial appointments secretary, Sharon Majors-Lewis, who also happens to be an African-American woman. Schwarzenegger has also benefited from bipartisan cooperation with Speaker Fabian Núñez and Senate President Pro Tem Don Perata on critical issues affecting both our criminal justice system and state’s budget, which provides hope for forging consensus on this important issue.
Therefore, one overwhelming question remains: Will Governor Schwarzenegger distinguish himself by appointing African Americans, Asians, Latinos, and other minorities to diversify California’s Judiciary?
Assemblymember Mike Davis was elected to serve the 48th District representing Los Angeles County in November of 2006. As a freshman Assemblymember, Mr. Davis is committed to education, health care reform, economic development and transportation. He has previously served as District Director for Maxine Waters during her tenure in the California State Assembly and when she was elected to Congress
Comments
Diversity of Judges certainly requires a place in California. I believe the general public looks forward to punishing someone for any cime be it large or small if that "someone" happens to be of any race other than caucasian. They also like to punish someone who they consider to be below their standard of living, be it caucasian or any color. In other words "equal justice" for those who have plenty of money to hire a fancy attorney.
Judges kind of remind me of the Board of Prison Terms (BPT). Both branches of those State Offices are made up of mostly Caucasian members, all from law enforcement agencies, and all of them have a higher than medium standard of living. All of them are in the "Punishment business."
It is no wonder we have prisons jam packed and overcrowded to the maximum. When we have people from this higher element of society controlling things you better expect the under dog to get stepped on every chance they get. That is their way of keeping their jobs, and increasing their standard of living while at the same time keeping control of the poor and under-privileged.
If this is not a Fascist Government then I don't know what you can call it.
Do you really expect Muscle Brain Schwarzenegger to act any different than his Fascist friends? Control is how those people keep winning. Courtrooms and prisons are the maximum level of control.
If we want to change this Fascist style of Government we better get down to some real rehabilitation and attempt to pick up the under dog and stop stepping on people every chance we get, regardless of what color our skin appears to be because, all our blood flows out of us as red.
Posted by: Nora Weber at July 25, 2007 10:37 PM
Liberal judges of any color are unwelcome in California. What the Governor (and most people know) is that minorities are mostly liberal. Californians must organize their criminal justice voting group first, then do the Judicial Accountability Initiative if we are every to have justice in our courts again. We cannot do reforms without the voting group first being trained, funded and ready to roll so that it is possible to achieve the 150 days deadline.
It seems that those at the top are working for special interests only so that only leaves us with the initiative process and ballot box as our only possible way to reform
Posted by: Stephanie Gooding at July 26, 2007 09:37 AM
California's judiciary must reflect its residents. Hopefully our governor is smart enough to see that. Please note that California prisons are overpopulated by all ethnic groups, and this is a sentencing problem. California must address the sentencing disparity in California that seems to be economically motivated as well as racially problematic.
Posted by: Rose C at July 26, 2007 02:22 PM
California judiciary will never act on their own, they will always do what the district attorneys want done. Even when you appeal a case most judges will not go against the trial judge. So now we have blanket denials in almost every case. Judges do not care if innocent people are serving prison time as long as the rules were followed. What California needs are judges that are not in the pockets of district attorneys. It's a pretty bad situation when the district attorneys office can control any judges careers. California needs to make district attorneys responsible for their own actions. The fact that law enforcement from police to district attorneys have absoulte imminity for their wrong doings gives them the power to distroy our lives. Judges should stand up to these people. As long as the convict at any and all cost with judges on the district attorneys side it makes no difference what color the judge is. We need Judges with morals on the bench...
Posted by: Gentle_Warrior at July 26, 2007 09:39 PM
The idealism of Mike Davis is great. In essence what Mr. Davis has quoted should be the practiced rule and upheld.
In our state of realism we know through experience there is a diverse and unified party with a mass agenda that hides their movement under the cloak of diverse cultures, colors, nations, and religions.
Diversity of color is not the answer if the Tierney and trilogy among them is diverse in their diverse uniformity of thought and judicial fight of the people’s true causes, struggles and fights.
If two thirds of the seats of the senate are filled with diversity of colors, creeds and race and they are all for the fascist regime movement and control, Isn't it the same as what we have now? It would just be that much harder to spot, identify and know our enemies as clearly as we do now.
Is my decision / suggestion not to diversify? No. Diversity is wonderful, but do so not only by marks of colors, creeds and cultures but really research and diversify with the reality of the diversity of unification that comes together for the good of the people, not the benefit of the self selected elected few with the diversity of choosing which restaurant to go to for the evening, while soup lines grow, while our card board housing industry booms on our city side walks and the mentally ill publicly seek refuge and or fight the refuge of their cells in a space called all their own... their own minds.
Mr. Davis is hopeful and I fully support his ideas, hopes, energy and passion for change.
Be realistic in your quest, be fervent in your fight and un-wavered by all of the ill will behind the smiling faces hiding the treason and larceny that spears their way, their cause and the cavity that no longer holds or resembles a heart.
Keep yours pure and wade the waters exponentially.
Truly,
Cannac
Posted by: cannac at July 27, 2007 09:11 PM
The idealism of Mike Davis is great. In essence what Mr. Davis has quoted should be the practiced rule and upheld.
In our state of realism we know through experience there is a diverse and unified party with a mass agenda that hides their movement under the cloak of diverse cultures, colors, nations, and religions.
Diversity of color is not the answer if the Tierney and trilogy among them is diverse in their diverse uniformity of thought and judicial fight of the people’s true causes, struggles and fights.
If two thirds of the seats of the senate are filled with diversity of colors, creeds and race and they are all for the fascist regime movement and control, Isn't it the same as what we have now? It would just be that much harder to spot, identify and know our enemies as clearly as we do now.
Is my decision / suggestion not to diversify? No. Diversity is wonderful, but do so not only by marks of colors, creeds and cultures but really research and diversify with the reality of the diversity of unification that comes together for the good of the people, not the benefit of the self selected elected few with the diversity of choosing which restaurant to go to for the evening, while soup lines grow, while our card board housing industry booms on our city side walks and the mentally ill publicly seek refuge and or fight the refuge of their cells in a space called all their own... their own minds.
Mr. Davis is hopeful and I fully support his ideas, hopes, energy and passion for change.
Be realistic in your quest, be fervent in your fight and un-wavered by all of the ill will behind the smiling faces hiding the treason and larceny that spears their way, their cause and the cavity that no longer holds or resembles a heart.
Keep yours pure and wade the waters exponentially.
Truly,
Cannac
Posted by: cannac at July 27, 2007 09:12 PM
The idealism of Mike Davis is great. In essence what Mr. Davis has quoted should be the practiced rule and upheld.
In our state of realism we know through experience there is a diverse and unified party with a mass agenda that hides their movement under the cloak of diverse cultures, colors, nations, and religions.
Diversity of color is not the answer if the Tierney and trilogy among them is diverse in their diverse uniformity of thought and judicial fight of the people’s true causes, struggles and fights.
If two thirds of the seats of the senate are filled with diversity of colors, creeds and race and they are all for the fascist regime movement and control, Isn't it the same as what we have now? It would just be that much harder to spot, identify and know our enemies as clearly as we do now.
Is my decision / suggestion not to diversify? No. Diversity is wonderful, but do so not only by marks of colors, creeds and cultures but really research and diversify with the reality of the diversity of unification that comes together for the good of the people, not the benefit of the self selected elected few with the diversity of choosing which restaurant to go to for the evening, while soup lines grow, while our card board housing industry booms on our city side walks and the mentally ill publicly seek refuge and or fight the refuge of their cells in a space called all their own... their own minds.
Mr. Davis is hopeful and I fully support his ideas, hopes, energy and passion for change.
Be realistic in your quest, be fervent in your fight and un-wavered by all of the ill will behind the smiling faces hiding the treason and larceny that spears their way, their cause and the cavity that no longer holds or resembles a heart.
Keep yours pure and wade the waters exponentially.
Truly,
Cannac
Posted by: cannac at July 27, 2007 09:13 PM
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