Criminal Justice Response Paper
Response #2
Despite the United States of America being one of the most diverse nations in the world, the diversity in its courts is wanting. Proper representation in the judicial system is a cornerstone of democracy as is judicial impartiality. Therefore, gender and racial diversity which are dimensions of diversity need to be prioritized when recruiting judges. Courts should be as diverse as the public or communities they serve. For courts to achieve broader perspectives that match the diverse population, nominating commissions should formulate best practices that will improve gender and racial diversity on the bench.
Ten Best Practices
Eradicate Implicit Bias
Implicit bias against women and the minority communities is deeply rooted in American courts, and the faster the nominating commissions recognize this, the faster it will be solved. Research by Chase, Greenman, and Torres-Spelliscy (2009) argued that the nominating commissioners, in their human behavior, stereotype women and minority judicial nominees unconsciously in the application and nomination processes. Many factors hinder bench diversity, but the prevalence and potential of implicit bias to jeopardize the process is most significant (Chase et al., 2009). Therefore, the Commission must take proactive steps to eliminate inherent bias to ensure an all-inclusive bench.
Increase Strategic Recruitment
Another way to ensure race and gender diversity in the courts is to expand the pool of applicants at the start of the application process. Bannon (2016) argued that commissioners who limit diversity in the application process by headhunting candidates should be removed from the process. The author further asserts that expanding the pool of candidates is crucial for a diverse bench. Therefore, open positions should be widely advertised through mediums that are accessible to all to ensure a wider outreach.
Sensitize on the Role of Diversity in State Statutes
Commissioners, in general, lack a consensus on the consideration of diversity when nominating judges. However, they should note that a push for diversity does not question the quality of the legal reasoning of white or male judges, but it is a push for broader perspectives in the courts (Chase et al., 2009). Therefore, state statutes need to come up with clear parameters of when diversity should come into play in the nomination
process.
Have a Transparent application and interviewing process
For states to attain a diverse bench, the application and interviewing process should be as open as possible. To ensure fairness in the process, application packages should include summaries of the job requirements, the
review and interview process, the names of the commissioners involved, and whether the interview process would be open to the general public …
