Studying the Impact of Race and Ethnicity in the Federal Courts

George Washington Law Review

Volumn 64, Issue 2, 1996, Pages 173-187

  Peterson, Todd D ^a,b,c  

^a GEORGE WASHINGTON UNIVERSITY   (United States)

^b BROWN UNIVERSITY   (United States)

^c UNIVERSITY OF MICHIGAN   (United States)

Author keywords

[No Author keywords available]

Indexed keywords

EID: 0030517647     PISSN: 00168076     EISSN: None     Source Type: Journal    
DOI: None     Document Type: Article

References (109)

1. See, e.g., Jim Tranquada, Officers' Acquittals Prove Justice Isn't Colorblind, Minorities Say, L.A. DAILY NEWS, May 17, 1992, at N1 (discussing how the Rodney King verdict and the subsequent riots have renewed the debate over whether whites are treated differently in the criminal justice system than minorities and other disadvantaged groups).
2. See id.; see also Suellyn Scarnecchia, State Responses to Task Force Reports on Race and Ethnic Bias in the Courts, 16 HAMLINE L. REV. 923 (1993) (discussing the impacts on state courts of the findings and recommendations of the published reports of task forces created to study race and ethnic bias in the judicial system).
3. See, e.g., Last Week in O.J. History, BOSTON SUNDAY GLOBE, Oct. 8, 1995, at A34 (discussing the racially divergent views of the Simpson verdict); Jeff Taylor & Melanie Eversley, Trial Shows Ever-Present Issue: Race, DETROIT FREE PRESS, Oct. 4, 1995, at 1A (same); Michael Wilbon, A Celebrity Goes Free, WASH. POST, Oct. 4, 1995, at F1 (noting that many African Americans perceive the Simpson verdict as a quid pro quo for past injustices inflicted on the African American community).
4. See, e.g., Last Week in O.J. History, BOSTON SUNDAY GLOBE, Oct. 8, 1995, at A34 (discussing the racially divergent views of the Simpson verdict); Jeff Taylor & Melanie Eversley, Trial Shows Ever-Present Issue: Race, DETROIT FREE PRESS, Oct. 4, 1995, at 1A (same); Michael Wilbon, A Celebrity Goes Free, WASH. POST, Oct. 4, 1995, at F1 (noting that many African Americans perceive the Simpson verdict as a quid pro quo for past injustices inflicted on the African American community).
5. See, e.g., Last Week in O.J. History, BOSTON SUNDAY GLOBE, Oct. 8, 1995, at A34 (discussing the racially divergent views of the Simpson verdict); Jeff Taylor & Melanie Eversley, Trial Shows Ever-Present Issue: Race, DETROIT FREE PRESS, Oct. 4, 1995, at 1A (same); Michael Wilbon, A Celebrity Goes Free, WASH. POST, Oct. 4, 1995, at F1 (noting that many African Americans perceive the Simpson verdict as a quid pro quo for past injustices inflicted on the African American community).
6. See ARKANSAS BAR ASSOCIATION COMMITTEE ON OPPORTUNITIES FOR WOMEN AND MINORITIES (Arkansas, 1992); FINAL REPORT OF THE TASK FORCE ON RACIAL AND ETHNIC BIAS AND TASK FORCE ON GENDER BIAS IN THE COURTS (District of Columbia, 1992); REPORT AND RECOMMENDATIONS OF THE FLORIDA SUPREME COURT RACIAL AND ETHNIC BIAS STUDY COMMISSION, "WHERE THE INJURED FLY FOR JUSTICE," VOL. ONE (Florida, 1990); REPORT AND RECOMMENDATIONS OF THE FLORIDA SUPREME COURT RACIAL AND ETHNIC BIAS STUDY COMMISSION, "WHERE THE INJURED FLY FOR JUSTICE," VOL. Two (Florida, 1991); REPORT OF THE FAIRNESS AND EQUALITY COMMITTEE OF THE SUPREME COURT OF IDAHO (Idaho, 1992); FINAL REPORT OF THE EQUALITY IN THE COURTS TASK FORCE (Iowa, 1993); FINAL REPORT OF THE MASSACHUSETTS SUPREME COURT COMMISSION TO STUDY RACIAL AND ETHNIC BIAS IN THE COURTS: "EQUAL JUSTICE: ELIMINATING THE BARRIERS" (Massachusetts, 1994); FINAL REPORT OF THE MICHIGAN SUPREME COURT TASK FORCE ON RACIAL/ETHNIC ISSUES IN THE COURT (Michigan, 1989); TASK FORCE ON RACIAL BIAS IN THE JUDICIAL SYSTEM: FINAL REPORT, MINNESOTA SUPREME COURT (Minnesota, 1993); NEW JERSEY SUPREME COURT TASK FORCE ON MINORITY CONCERNS, FINAL REPORT (New Jersey, 1992); REPORT OF THE NEW YORK STATE JUDICIAL COMMISSION ON MINORITIES (New York, 1991); REPORT OF THE CONFERENCE, ETHNICITY, RACE, AND RELIGION AND THE NINTH CIRCUIT (Ninth Circuit, 1993); REPORT OF THE OREGON SUPREME COURT TASK FORCE ON RACIAL/ETHNIC ISSUES IN THE JUDICIAL SYSTEM (Oregon, 1990); MINORITY AND JUSTICE TASK FORCE: FINAL REPORT (Washington, 1990). In addition to individual state task forces, the National Consortium on Task Forces and Commissions on Racial and Ethnic Bias in the Courts was created in 1988 to serve as a forum to coordinate the states' efforts. See Arline S. Tyler & Steven Montano, State Panels Document Racial. Ethnic Bias in the Courts, 78 JUDICATURE 154 (1994) (discussing the coordination of individual state efforts through the National Consortium). For press analyses of some of the above reports, see Michael Beebe, Study Sees Racial Bias in State Courts: Justice System Abuses Minorities, Commission Report Says, BUFFALO NEWS, June 4, 1991, at A1 (discussing the report of New York's Judicial Commission on Minorities); Jersey Justice: N.J. Courts are Dealing with Discrimination, PHILADELPHIA INQUIRER, Dec. 4, 1989, at A20 (discussing the findings of the New Jersey task force on minorities); Virginia Rybin, Bias Found Throughout Minnnesota Legal System, ST. PAUL PIONEER PRESS, June 11, 1993, at 1A (discussing the report of the Minnesota Task Force on Racial Bias in the Judicial System); Mark Silva, Racial Bias Mars Courts, Study Finds: State Panel Urges Broad Reforms, MIAMI HERALD, Nov. 14, 1991, at 1A (discussing the report of the Florida Racial and Ethnic Bias Study Commission).
7. See ARKANSAS BAR ASSOCIATION COMMITTEE ON OPPORTUNITIES FOR WOMEN AND MINORITIES (Arkansas, 1992); FINAL REPORT OF THE TASK FORCE ON RACIAL AND ETHNIC BIAS AND TASK FORCE ON GENDER BIAS IN THE COURTS (District of Columbia, 1992); REPORT AND RECOMMENDATIONS OF THE FLORIDA SUPREME COURT RACIAL AND ETHNIC BIAS STUDY COMMISSION, "WHERE THE INJURED FLY FOR JUSTICE," VOL. ONE (Florida, 1990); REPORT AND RECOMMENDATIONS OF THE FLORIDA SUPREME COURT RACIAL AND ETHNIC BIAS STUDY COMMISSION, "WHERE THE INJURED FLY FOR JUSTICE," VOL. Two (Florida, 1991); REPORT OF THE FAIRNESS AND EQUALITY COMMITTEE OF THE SUPREME COURT OF IDAHO (Idaho, 1992); FINAL REPORT OF THE EQUALITY IN THE COURTS TASK FORCE (Iowa, 1993); FINAL REPORT OF THE MASSACHUSETTS SUPREME COURT COMMISSION TO STUDY RACIAL AND ETHNIC BIAS IN THE COURTS: "EQUAL JUSTICE: ELIMINATING THE BARRIERS" (Massachusetts, 1994); FINAL REPORT OF THE MICHIGAN SUPREME COURT TASK FORCE ON RACIAL/ETHNIC ISSUES IN THE COURT (Michigan, 1989); TASK FORCE ON RACIAL BIAS IN THE JUDICIAL SYSTEM: FINAL REPORT, MINNESOTA SUPREME COURT (Minnesota, 1993); NEW JERSEY SUPREME COURT TASK FORCE ON MINORITY CONCERNS, FINAL REPORT (New Jersey, 1992); REPORT OF THE NEW YORK STATE JUDICIAL COMMISSION ON MINORITIES (New York, 1991); REPORT OF THE CONFERENCE, ETHNICITY, RACE, AND RELIGION AND THE NINTH CIRCUIT (Ninth Circuit, 1993); REPORT OF THE OREGON SUPREME COURT TASK FORCE ON RACIAL/ETHNIC ISSUES IN THE JUDICIAL SYSTEM (Oregon, 1990); MINORITY AND JUSTICE TASK FORCE: FINAL REPORT (Washington, 1990). In addition to individual state task forces, the National Consortium on Task Forces and Commissions on Racial and Ethnic Bias in the Courts was created in 1988 to serve as a forum to coordinate the states' efforts. See Arline S. Tyler & Steven Montano, State Panels Document Racial. Ethnic Bias in the Courts, 78 JUDICATURE 154 (1994) (discussing the coordination of individual state efforts through the National Consortium). For press analyses of some of the above reports, see Michael Beebe, Study Sees Racial Bias in State Courts: Justice System Abuses Minorities, Commission Report Says, BUFFALO NEWS, June 4, 1991, at A1 (discussing the report of New York's Judicial Commission on Minorities); Jersey Justice: N.J. Courts are Dealing with Discrimination, PHILADELPHIA INQUIRER, Dec. 4, 1989, at A20 (discussing the findings of the New Jersey task force on minorities); Virginia Rybin, Bias Found Throughout Minnnesota Legal System, ST. PAUL PIONEER PRESS, June 11, 1993, at 1A (discussing the report of the Minnesota Task Force on Racial Bias in the Judicial System); Mark Silva, Racial Bias Mars Courts, Study Finds: State Panel Urges Broad Reforms, MIAMI HERALD, Nov. 14, 1991, at 1A (discussing the report of the Florida Racial and Ethnic Bias Study Commission).
8. See ARKANSAS BAR ASSOCIATION COMMITTEE ON OPPORTUNITIES FOR WOMEN AND MINORITIES (Arkansas, 1992); FINAL REPORT OF THE TASK FORCE ON RACIAL AND ETHNIC BIAS AND TASK FORCE ON GENDER BIAS IN THE COURTS (District of Columbia, 1992); REPORT AND RECOMMENDATIONS OF THE FLORIDA SUPREME COURT RACIAL AND ETHNIC BIAS STUDY COMMISSION, "WHERE THE INJURED FLY FOR JUSTICE," VOL. ONE (Florida, 1990); REPORT AND RECOMMENDATIONS OF THE FLORIDA SUPREME COURT RACIAL AND ETHNIC BIAS STUDY COMMISSION, "WHERE THE INJURED FLY FOR JUSTICE," VOL. Two (Florida, 1991); REPORT OF THE FAIRNESS AND EQUALITY COMMITTEE OF THE SUPREME COURT OF IDAHO (Idaho, 1992); FINAL REPORT OF THE EQUALITY IN THE COURTS TASK FORCE (Iowa, 1993); FINAL REPORT OF THE MASSACHUSETTS SUPREME COURT COMMISSION TO STUDY RACIAL AND ETHNIC BIAS IN THE COURTS: "EQUAL JUSTICE: ELIMINATING THE BARRIERS" (Massachusetts, 1994); FINAL REPORT OF THE MICHIGAN SUPREME COURT TASK FORCE ON RACIAL/ETHNIC ISSUES IN THE COURT (Michigan, 1989); TASK FORCE ON RACIAL BIAS IN THE JUDICIAL SYSTEM: FINAL REPORT, MINNESOTA SUPREME COURT (Minnesota, 1993); NEW JERSEY SUPREME COURT TASK FORCE ON MINORITY CONCERNS, FINAL REPORT (New Jersey, 1992); REPORT OF THE NEW YORK STATE JUDICIAL COMMISSION ON MINORITIES (New York, 1991); REPORT OF THE CONFERENCE, ETHNICITY, RACE, AND RELIGION AND THE NINTH CIRCUIT (Ninth Circuit, 1993); REPORT OF THE OREGON SUPREME COURT TASK FORCE ON RACIAL/ETHNIC ISSUES IN THE JUDICIAL SYSTEM (Oregon, 1990); MINORITY AND JUSTICE TASK FORCE: FINAL REPORT (Washington, 1990). In addition to individual state task forces, the National Consortium on Task Forces and Commissions on Racial and Ethnic Bias in the Courts was created in 1988 to serve as a forum to coordinate the states' efforts. See Arline S. Tyler & Steven Montano, State Panels Document Racial. Ethnic Bias in the Courts, 78 JUDICATURE 154 (1994) (discussing the coordination of individual state efforts through the National Consortium). For press analyses of some of the above reports, see Michael Beebe, Study Sees Racial Bias in State Courts: Justice System Abuses Minorities, Commission Report Says, BUFFALO NEWS, June 4, 1991, at A1 (discussing the report of New York's Judicial Commission on Minorities); Jersey Justice: N.J. Courts are Dealing with Discrimination, PHILADELPHIA INQUIRER, Dec. 4, 1989, at A20 (discussing the findings of the New Jersey task force on minorities); Virginia Rybin, Bias Found Throughout Minnnesota Legal System, ST. PAUL PIONEER PRESS, June 11, 1993, at 1A (discussing the report of the Minnesota Task Force on Racial Bias in the Judicial System); Mark Silva, Racial Bias Mars Courts, Study Finds: State Panel Urges Broad Reforms, MIAMI HERALD, Nov. 14, 1991, at 1A (discussing the report of the Florida Racial and Ethnic Bias Study Commission).
9. See ARKANSAS BAR ASSOCIATION COMMITTEE ON OPPORTUNITIES FOR WOMEN AND MINORITIES (Arkansas, 1992); FINAL REPORT OF THE TASK FORCE ON RACIAL AND ETHNIC BIAS AND TASK FORCE ON GENDER BIAS IN THE COURTS (District of Columbia, 1992); REPORT AND RECOMMENDATIONS OF THE FLORIDA SUPREME COURT RACIAL AND ETHNIC BIAS STUDY COMMISSION, "WHERE THE INJURED FLY FOR JUSTICE," VOL. ONE (Florida, 1990); REPORT AND RECOMMENDATIONS OF THE FLORIDA SUPREME COURT RACIAL AND ETHNIC BIAS STUDY COMMISSION, "WHERE THE INJURED FLY FOR JUSTICE," VOL. Two (Florida, 1991); REPORT OF THE FAIRNESS AND EQUALITY COMMITTEE OF THE SUPREME COURT OF IDAHO (Idaho, 1992); FINAL REPORT OF THE EQUALITY IN THE COURTS TASK FORCE (Iowa, 1993); FINAL REPORT OF THE MASSACHUSETTS SUPREME COURT COMMISSION TO STUDY RACIAL AND ETHNIC BIAS IN THE COURTS: "EQUAL JUSTICE: ELIMINATING THE BARRIERS" (Massachusetts, 1994); FINAL REPORT OF THE MICHIGAN SUPREME COURT TASK FORCE ON RACIAL/ETHNIC ISSUES IN THE COURT (Michigan, 1989); TASK FORCE ON RACIAL BIAS IN THE JUDICIAL SYSTEM: FINAL REPORT, MINNESOTA SUPREME COURT (Minnesota, 1993); NEW JERSEY SUPREME COURT TASK FORCE ON MINORITY CONCERNS, FINAL REPORT (New Jersey, 1992); REPORT OF THE NEW YORK STATE JUDICIAL COMMISSION ON MINORITIES (New York, 1991); REPORT OF THE CONFERENCE, ETHNICITY, RACE, AND RELIGION AND THE NINTH CIRCUIT (Ninth Circuit, 1993); REPORT OF THE OREGON SUPREME COURT TASK FORCE ON RACIAL/ETHNIC ISSUES IN THE JUDICIAL SYSTEM (Oregon, 1990); MINORITY AND JUSTICE TASK FORCE: FINAL REPORT (Washington, 1990). In addition to individual state task forces, the National Consortium on Task Forces and Commissions on Racial and Ethnic Bias in the Courts was created in 1988 to serve as a forum to coordinate the states' efforts. See Arline S. Tyler & Steven Montano, State Panels Document Racial. Ethnic Bias in the Courts, 78 JUDICATURE 154 (1994) (discussing the coordination of individual state efforts through the National Consortium). For press analyses of some of the above reports, see Michael Beebe, Study Sees Racial Bias in State Courts: Justice System Abuses Minorities, Commission Report Says, BUFFALO NEWS, June 4, 1991, at A1 (discussing the report of New York's Judicial Commission on Minorities); Jersey Justice: N.J. Courts are Dealing with Discrimination, PHILADELPHIA INQUIRER, Dec. 4, 1989, at A20 (discussing the findings of the New Jersey task force on minorities); Virginia Rybin, Bias Found Throughout Minnnesota Legal System, ST. PAUL PIONEER PRESS, June 11, 1993, at 1A (discussing the report of the Minnesota Task Force on Racial Bias in the Judicial System); Mark Silva, Racial Bias Mars Courts, Study Finds: State Panel Urges Broad Reforms, MIAMI HERALD, Nov. 14, 1991, at 1A (discussing the report of the Florida Racial and Ethnic Bias Study Commission).
10. See ARKANSAS BAR ASSOCIATION COMMITTEE ON OPPORTUNITIES FOR WOMEN AND MINORITIES (Arkansas, 1992); FINAL REPORT OF THE TASK FORCE ON RACIAL AND ETHNIC BIAS AND TASK FORCE ON GENDER BIAS IN THE COURTS (District of Columbia, 1992); REPORT AND RECOMMENDATIONS OF THE FLORIDA SUPREME COURT RACIAL AND ETHNIC BIAS STUDY COMMISSION, "WHERE THE INJURED FLY FOR JUSTICE," VOL. ONE (Florida, 1990); REPORT AND RECOMMENDATIONS OF THE FLORIDA SUPREME COURT RACIAL AND ETHNIC BIAS STUDY COMMISSION, "WHERE THE INJURED FLY FOR JUSTICE," VOL. Two (Florida, 1991); REPORT OF THE FAIRNESS AND EQUALITY COMMITTEE OF THE SUPREME COURT OF IDAHO (Idaho, 1992); FINAL REPORT OF THE EQUALITY IN THE COURTS TASK FORCE (Iowa, 1993); FINAL REPORT OF THE MASSACHUSETTS SUPREME COURT COMMISSION TO STUDY RACIAL AND ETHNIC BIAS IN THE COURTS: "EQUAL JUSTICE: ELIMINATING THE BARRIERS" (Massachusetts, 1994); FINAL REPORT OF THE MICHIGAN SUPREME COURT TASK FORCE ON RACIAL/ETHNIC ISSUES IN THE COURT (Michigan, 1989); TASK FORCE ON RACIAL BIAS IN THE JUDICIAL SYSTEM: FINAL REPORT, MINNESOTA SUPREME COURT (Minnesota, 1993); NEW JERSEY SUPREME COURT TASK FORCE ON MINORITY CONCERNS, FINAL REPORT (New Jersey, 1992); REPORT OF THE NEW YORK STATE JUDICIAL COMMISSION ON MINORITIES (New York, 1991); REPORT OF THE CONFERENCE, ETHNICITY, RACE, AND RELIGION AND THE NINTH CIRCUIT (Ninth Circuit, 1993); REPORT OF THE OREGON SUPREME COURT TASK FORCE ON RACIAL/ETHNIC ISSUES IN THE JUDICIAL SYSTEM (Oregon, 1990); MINORITY AND JUSTICE TASK FORCE: FINAL REPORT (Washington, 1990). In addition to individual state task forces, the National Consortium on Task Forces and Commissions on Racial and Ethnic Bias in the Courts was created in 1988 to serve as a forum to coordinate the states' efforts. See Arline S. Tyler & Steven Montano, State Panels Document Racial. Ethnic Bias in the Courts, 78 JUDICATURE 154 (1994) (discussing the coordination of individual state efforts through the National Consortium). For press analyses of some of the above reports, see Michael Beebe, Study Sees Racial Bias in State Courts: Justice System Abuses Minorities, Commission Report Says, BUFFALO NEWS, June 4, 1991, at A1 (discussing the report of New York's Judicial Commission on Minorities); Jersey Justice: N.J. Courts are Dealing with Discrimination, PHILADELPHIA INQUIRER, Dec. 4, 1989, at A20 (discussing the findings of the New Jersey task force on minorities); Virginia Rybin, Bias Found Throughout Minnnesota Legal System, ST. PAUL PIONEER PRESS, June 11, 1993, at 1A (discussing the report of the Minnesota Task Force on Racial Bias in the Judicial System); Mark Silva, Racial Bias Mars Courts, Study Finds: State Panel Urges Broad Reforms, MIAMI HERALD, Nov. 14, 1991, at 1A (discussing the report of the Florida Racial and Ethnic Bias Study Commission).
11. See ARKANSAS BAR ASSOCIATION COMMITTEE ON OPPORTUNITIES FOR WOMEN AND MINORITIES (Arkansas, 1992); FINAL REPORT OF THE TASK FORCE ON RACIAL AND ETHNIC BIAS AND TASK FORCE ON GENDER BIAS IN THE COURTS (District of Columbia, 1992); REPORT AND RECOMMENDATIONS OF THE FLORIDA SUPREME COURT RACIAL AND ETHNIC BIAS STUDY COMMISSION, "WHERE THE INJURED FLY FOR JUSTICE," VOL. ONE (Florida, 1990); REPORT AND RECOMMENDATIONS OF THE FLORIDA SUPREME COURT RACIAL AND ETHNIC BIAS STUDY COMMISSION, "WHERE THE INJURED FLY FOR JUSTICE," VOL. Two (Florida, 1991); REPORT OF THE FAIRNESS AND EQUALITY COMMITTEE OF THE SUPREME COURT OF IDAHO (Idaho, 1992); FINAL REPORT OF THE EQUALITY IN THE COURTS TASK FORCE (Iowa, 1993); FINAL REPORT OF THE MASSACHUSETTS SUPREME COURT COMMISSION TO STUDY RACIAL AND ETHNIC BIAS IN THE COURTS: "EQUAL JUSTICE: ELIMINATING THE BARRIERS" (Massachusetts, 1994); FINAL REPORT OF THE MICHIGAN SUPREME COURT TASK FORCE ON RACIAL/ETHNIC ISSUES IN THE COURT (Michigan, 1989); TASK FORCE ON RACIAL BIAS IN THE JUDICIAL SYSTEM: FINAL REPORT, MINNESOTA SUPREME COURT (Minnesota, 1993); NEW JERSEY SUPREME COURT TASK FORCE ON MINORITY CONCERNS, FINAL REPORT (New Jersey, 1992); REPORT OF THE NEW YORK STATE JUDICIAL COMMISSION ON MINORITIES (New York, 1991); REPORT OF THE CONFERENCE, ETHNICITY, RACE, AND RELIGION AND THE NINTH CIRCUIT (Ninth Circuit, 1993); REPORT OF THE OREGON SUPREME COURT TASK FORCE ON RACIAL/ETHNIC ISSUES IN THE JUDICIAL SYSTEM (Oregon, 1990); MINORITY AND JUSTICE TASK FORCE: FINAL REPORT (Washington, 1990). In addition to individual state task forces, the National Consortium on Task Forces and Commissions on Racial and Ethnic Bias in the Courts was created in 1988 to serve as a forum to coordinate the states' efforts. See Arline S. Tyler & Steven Montano, State Panels Document Racial. Ethnic Bias in the Courts, 78 JUDICATURE 154 (1994) (discussing the coordination of individual state efforts through the National Consortium). For press analyses of some of the above reports, see Michael Beebe, Study Sees Racial Bias in State Courts: Justice System Abuses Minorities, Commission Report Says, BUFFALO NEWS, June 4, 1991, at A1 (discussing the report of New York's Judicial Commission on Minorities); Jersey Justice: N.J. Courts are Dealing with Discrimination, PHILADELPHIA INQUIRER, Dec. 4, 1989, at A20 (discussing the findings of the New Jersey task force on minorities); Virginia Rybin, Bias Found Throughout Minnnesota Legal System, ST. PAUL PIONEER PRESS, June 11, 1993, at 1A (discussing the report of the Minnesota Task Force on Racial Bias in the Judicial System); Mark Silva, Racial Bias Mars Courts, Study Finds: State Panel Urges Broad Reforms, MIAMI HERALD, Nov. 14, 1991, at 1A (discussing the report of the Florida Racial and Ethnic Bias Study Commission).
12. See ARKANSAS BAR ASSOCIATION COMMITTEE ON OPPORTUNITIES FOR WOMEN AND MINORITIES (Arkansas, 1992); FINAL REPORT OF THE TASK FORCE ON RACIAL AND ETHNIC BIAS AND TASK FORCE ON GENDER BIAS IN THE COURTS (District of Columbia, 1992); REPORT AND RECOMMENDATIONS OF THE FLORIDA SUPREME COURT RACIAL AND ETHNIC BIAS STUDY COMMISSION, "WHERE THE INJURED FLY FOR JUSTICE," VOL. ONE (Florida, 1990); REPORT AND RECOMMENDATIONS OF THE FLORIDA SUPREME COURT RACIAL AND ETHNIC BIAS STUDY COMMISSION, "WHERE THE INJURED FLY FOR JUSTICE," VOL. Two (Florida, 1991); REPORT OF THE FAIRNESS AND EQUALITY COMMITTEE OF THE SUPREME COURT OF IDAHO (Idaho, 1992); FINAL REPORT OF THE EQUALITY IN THE COURTS TASK FORCE (Iowa, 1993); FINAL REPORT OF THE MASSACHUSETTS SUPREME COURT COMMISSION TO STUDY RACIAL AND ETHNIC BIAS IN THE COURTS: "EQUAL JUSTICE: ELIMINATING THE BARRIERS" (Massachusetts, 1994); FINAL REPORT OF THE MICHIGAN SUPREME COURT TASK FORCE ON RACIAL/ETHNIC ISSUES IN THE COURT (Michigan, 1989); TASK FORCE ON RACIAL BIAS IN THE JUDICIAL SYSTEM: FINAL REPORT, MINNESOTA SUPREME COURT (Minnesota, 1993); NEW JERSEY SUPREME COURT TASK FORCE ON MINORITY CONCERNS, FINAL REPORT (New Jersey, 1992); REPORT OF THE NEW YORK STATE JUDICIAL COMMISSION ON MINORITIES (New York, 1991); REPORT OF THE CONFERENCE, ETHNICITY, RACE, AND RELIGION AND THE NINTH CIRCUIT (Ninth Circuit, 1993); REPORT OF THE OREGON SUPREME COURT TASK FORCE ON RACIAL/ETHNIC ISSUES IN THE JUDICIAL SYSTEM (Oregon, 1990); MINORITY AND JUSTICE TASK FORCE: FINAL REPORT (Washington, 1990). In addition to individual state task forces, the National Consortium on Task Forces and Commissions on Racial and Ethnic Bias in the Courts was created in 1988 to serve as a forum to coordinate the states' efforts. See Arline S. Tyler & Steven Montano, State Panels Document Racial. Ethnic Bias in the Courts, 78 JUDICATURE 154 (1994) (discussing the coordination of individual state efforts through the National Consortium). For press analyses of some of the above reports, see Michael Beebe, Study Sees Racial Bias in State Courts: Justice System Abuses Minorities, Commission Report Says, BUFFALO NEWS, June 4, 1991, at A1 (discussing the report of New York's Judicial Commission on Minorities); Jersey Justice: N.J. Courts are Dealing with Discrimination, PHILADELPHIA INQUIRER, Dec. 4, 1989, at A20 (discussing the findings of the New Jersey task force on minorities); Virginia Rybin, Bias Found Throughout Minnnesota Legal System, ST. PAUL PIONEER PRESS, June 11, 1993, at 1A (discussing the report of the Minnesota Task Force on Racial Bias in the Judicial System); Mark Silva, Racial Bias Mars Courts, Study Finds: State Panel Urges Broad Reforms, MIAMI HERALD, Nov. 14, 1991, at 1A (discussing the report of the Florida Racial and Ethnic Bias Study Commission).
13. See ARKANSAS BAR ASSOCIATION COMMITTEE ON OPPORTUNITIES FOR WOMEN AND MINORITIES (Arkansas, 1992); FINAL REPORT OF THE TASK FORCE ON RACIAL AND ETHNIC BIAS AND TASK FORCE ON GENDER BIAS IN THE COURTS (District of Columbia, 1992); REPORT AND RECOMMENDATIONS OF THE FLORIDA SUPREME COURT RACIAL AND ETHNIC BIAS STUDY COMMISSION, "WHERE THE INJURED FLY FOR JUSTICE," VOL. ONE (Florida, 1990); REPORT AND RECOMMENDATIONS OF THE FLORIDA SUPREME COURT RACIAL AND ETHNIC BIAS STUDY COMMISSION, "WHERE THE INJURED FLY FOR JUSTICE," VOL. Two (Florida, 1991); REPORT OF THE FAIRNESS AND EQUALITY COMMITTEE OF THE SUPREME COURT OF IDAHO (Idaho, 1992); FINAL REPORT OF THE EQUALITY IN THE COURTS TASK FORCE (Iowa, 1993); FINAL REPORT OF THE MASSACHUSETTS SUPREME COURT COMMISSION TO STUDY RACIAL AND ETHNIC BIAS IN THE COURTS: "EQUAL JUSTICE: ELIMINATING THE BARRIERS" (Massachusetts, 1994); FINAL REPORT OF THE MICHIGAN SUPREME COURT TASK FORCE ON RACIAL/ETHNIC ISSUES IN THE COURT (Michigan, 1989); TASK FORCE ON RACIAL BIAS IN THE JUDICIAL SYSTEM: FINAL REPORT, MINNESOTA SUPREME COURT (Minnesota, 1993); NEW JERSEY SUPREME COURT TASK FORCE ON MINORITY CONCERNS, FINAL REPORT (New Jersey, 1992); REPORT OF THE NEW YORK STATE JUDICIAL COMMISSION ON MINORITIES (New York, 1991); REPORT OF THE CONFERENCE, ETHNICITY, RACE, AND RELIGION AND THE NINTH CIRCUIT (Ninth Circuit, 1993); REPORT OF THE OREGON SUPREME COURT TASK FORCE ON RACIAL/ETHNIC ISSUES IN THE JUDICIAL SYSTEM (Oregon, 1990); MINORITY AND JUSTICE TASK FORCE: FINAL REPORT (Washington, 1990). In addition to individual state task forces, the National Consortium on Task Forces and Commissions on Racial and Ethnic Bias in the Courts was created in 1988 to serve as a forum to coordinate the states' efforts. See Arline S. Tyler & Steven Montano, State Panels Document Racial. Ethnic Bias in the Courts, 78 JUDICATURE 154 (1994) (discussing the coordination of individual state efforts through the National Consortium). For press analyses of some of the above reports, see Michael Beebe, Study Sees Racial Bias in State Courts: Justice System Abuses Minorities, Commission Report Says, BUFFALO NEWS, June 4, 1991, at A1 (discussing the report of New York's Judicial Commission on Minorities); Jersey Justice: N.J. Courts are Dealing with Discrimination, PHILADELPHIA INQUIRER, Dec. 4, 1989, at A20 (discussing the findings of the New Jersey task force on minorities); Virginia Rybin, Bias Found Throughout Minnnesota Legal System, ST. PAUL PIONEER PRESS, June 11, 1993, at 1A (discussing the report of the Minnesota Task Force on Racial Bias in the Judicial System); Mark Silva, Racial Bias Mars Courts, Study Finds: State Panel Urges Broad Reforms, MIAMI HERALD, Nov. 14, 1991, at 1A (discussing the report of the Florida Racial and Ethnic Bias Study Commission).
14. See ARKANSAS BAR ASSOCIATION COMMITTEE ON OPPORTUNITIES FOR WOMEN AND MINORITIES (Arkansas, 1992); FINAL REPORT OF THE TASK FORCE ON RACIAL AND ETHNIC BIAS AND TASK FORCE ON GENDER BIAS IN THE COURTS (District of Columbia, 1992); REPORT AND RECOMMENDATIONS OF THE FLORIDA SUPREME COURT RACIAL AND ETHNIC BIAS STUDY COMMISSION, "WHERE THE INJURED FLY FOR JUSTICE," VOL. ONE (Florida, 1990); REPORT AND RECOMMENDATIONS OF THE FLORIDA SUPREME COURT RACIAL AND ETHNIC BIAS STUDY COMMISSION, "WHERE THE INJURED FLY FOR JUSTICE," VOL. Two (Florida, 1991); REPORT OF THE FAIRNESS AND EQUALITY COMMITTEE OF THE SUPREME COURT OF IDAHO (Idaho, 1992); FINAL REPORT OF THE EQUALITY IN THE COURTS TASK FORCE (Iowa, 1993); FINAL REPORT OF THE MASSACHUSETTS SUPREME COURT COMMISSION TO STUDY RACIAL AND ETHNIC BIAS IN THE COURTS: "EQUAL JUSTICE: ELIMINATING THE BARRIERS" (Massachusetts, 1994); FINAL REPORT OF THE MICHIGAN SUPREME COURT TASK FORCE ON RACIAL/ETHNIC ISSUES IN THE COURT (Michigan, 1989); TASK FORCE ON RACIAL BIAS IN THE JUDICIAL SYSTEM: FINAL REPORT, MINNESOTA SUPREME COURT (Minnesota, 1993); NEW JERSEY SUPREME COURT TASK FORCE ON MINORITY CONCERNS, FINAL REPORT (New Jersey, 1992); REPORT OF THE NEW YORK STATE JUDICIAL COMMISSION ON MINORITIES (New York, 1991); REPORT OF THE CONFERENCE, ETHNICITY, RACE, AND RELIGION AND THE NINTH CIRCUIT (Ninth Circuit, 1993); REPORT OF THE OREGON SUPREME COURT TASK FORCE ON RACIAL/ETHNIC ISSUES IN THE JUDICIAL SYSTEM (Oregon, 1990); MINORITY AND JUSTICE TASK FORCE: FINAL REPORT (Washington, 1990). In addition to individual state task forces, the National Consortium on Task Forces and Commissions on Racial and Ethnic Bias in the Courts was created in 1988 to serve as a forum to coordinate the states' efforts. See Arline S. Tyler & Steven Montano, State Panels Document Racial. Ethnic Bias in the Courts, 78 JUDICATURE 154 (1994) (discussing the coordination of individual state efforts through the National Consortium). For press analyses of some of the above reports, see Michael Beebe, Study Sees Racial Bias in State Courts: Justice System Abuses Minorities, Commission Report Says, BUFFALO NEWS, June 4, 1991, at A1 (discussing the report of New York's Judicial Commission on Minorities); Jersey Justice: N.J. Courts are Dealing with Discrimination, PHILADELPHIA INQUIRER, Dec. 4, 1989, at A20 (discussing the findings of the New Jersey task force on minorities); Virginia Rybin, Bias Found Throughout Minnnesota Legal System, ST. PAUL PIONEER PRESS, June 11, 1993, at 1A (discussing the report of the Minnesota Task Force on Racial Bias in the Judicial System); Mark Silva, Racial Bias Mars Courts, Study Finds: State Panel Urges Broad Reforms, MIAMI HERALD, Nov. 14, 1991, at 1A (discussing the report of the Florida Racial and Ethnic Bias Study Commission).
15. See ARKANSAS BAR ASSOCIATION COMMITTEE ON OPPORTUNITIES FOR WOMEN AND MINORITIES (Arkansas, 1992); FINAL REPORT OF THE TASK FORCE ON RACIAL AND ETHNIC BIAS AND TASK FORCE ON GENDER BIAS IN THE COURTS (District of Columbia, 1992); REPORT AND RECOMMENDATIONS OF THE FLORIDA SUPREME COURT RACIAL AND ETHNIC BIAS STUDY COMMISSION, "WHERE THE INJURED FLY FOR JUSTICE," VOL. ONE (Florida, 1990); REPORT AND RECOMMENDATIONS OF THE FLORIDA SUPREME COURT RACIAL AND ETHNIC BIAS STUDY COMMISSION, "WHERE THE INJURED FLY FOR JUSTICE," VOL. Two (Florida, 1991); REPORT OF THE FAIRNESS AND EQUALITY COMMITTEE OF THE SUPREME COURT OF IDAHO (Idaho, 1992); FINAL REPORT OF THE EQUALITY IN THE COURTS TASK FORCE (Iowa, 1993); FINAL REPORT OF THE MASSACHUSETTS SUPREME COURT COMMISSION TO STUDY RACIAL AND ETHNIC BIAS IN THE COURTS: "EQUAL JUSTICE: ELIMINATING THE BARRIERS" (Massachusetts, 1994); FINAL REPORT OF THE MICHIGAN SUPREME COURT TASK FORCE ON RACIAL/ETHNIC ISSUES IN THE COURT (Michigan, 1989); TASK FORCE ON RACIAL BIAS IN THE JUDICIAL SYSTEM: FINAL REPORT, MINNESOTA SUPREME COURT (Minnesota, 1993); NEW JERSEY SUPREME COURT TASK FORCE ON MINORITY CONCERNS, FINAL REPORT (New Jersey, 1992); REPORT OF THE NEW YORK STATE JUDICIAL COMMISSION ON MINORITIES (New York, 1991); REPORT OF THE CONFERENCE, ETHNICITY, RACE, AND RELIGION AND THE NINTH CIRCUIT (Ninth Circuit, 1993); REPORT OF THE OREGON SUPREME COURT TASK FORCE ON RACIAL/ETHNIC ISSUES IN THE JUDICIAL SYSTEM (Oregon, 1990); MINORITY AND JUSTICE TASK FORCE: FINAL REPORT (Washington, 1990). In addition to individual state task forces, the National Consortium on Task Forces and Commissions on Racial and Ethnic Bias in the Courts was created in 1988 to serve as a forum to coordinate the states' efforts. See Arline S. Tyler & Steven Montano, State Panels Document Racial. Ethnic Bias in the Courts, 78 JUDICATURE 154 (1994) (discussing the coordination of individual state efforts through the National Consortium). For press analyses of some of the above reports, see Michael Beebe, Study Sees Racial Bias in State Courts: Justice System Abuses Minorities, Commission Report Says, BUFFALO NEWS, June 4, 1991, at A1 (discussing the report of New York's Judicial Commission on Minorities); Jersey Justice: N.J. Courts are Dealing with Discrimination, PHILADELPHIA INQUIRER, Dec. 4, 1989, at A20 (discussing the findings of the New Jersey task force on minorities); Virginia Rybin, Bias Found Throughout Minnnesota Legal System, ST. PAUL PIONEER PRESS, June 11, 1993, at 1A (discussing the report of the Minnesota Task Force on Racial Bias in the Judicial System); Mark Silva, Racial Bias Mars Courts, Study Finds: State Panel Urges Broad Reforms, MIAMI HERALD, Nov. 14, 1991, at 1A (discussing the report of the Florida Racial and Ethnic Bias Study Commission).
16. See ARKANSAS BAR ASSOCIATION COMMITTEE ON OPPORTUNITIES FOR WOMEN AND MINORITIES (Arkansas, 1992); FINAL REPORT OF THE TASK FORCE ON RACIAL AND ETHNIC BIAS AND TASK FORCE ON GENDER BIAS IN THE COURTS (District of Columbia, 1992); REPORT AND RECOMMENDATIONS OF THE FLORIDA SUPREME COURT RACIAL AND ETHNIC BIAS STUDY COMMISSION, "WHERE THE INJURED FLY FOR JUSTICE," VOL. ONE (Florida, 1990); REPORT AND RECOMMENDATIONS OF THE FLORIDA SUPREME COURT RACIAL AND ETHNIC BIAS STUDY COMMISSION, "WHERE THE INJURED FLY FOR JUSTICE," VOL. Two (Florida, 1991); REPORT OF THE FAIRNESS AND EQUALITY COMMITTEE OF THE SUPREME COURT OF IDAHO (Idaho, 1992); FINAL REPORT OF THE EQUALITY IN THE COURTS TASK FORCE (Iowa, 1993); FINAL REPORT OF THE MASSACHUSETTS SUPREME COURT COMMISSION TO STUDY RACIAL AND ETHNIC BIAS IN THE COURTS: "EQUAL JUSTICE: ELIMINATING THE BARRIERS" (Massachusetts, 1994); FINAL REPORT OF THE MICHIGAN SUPREME COURT TASK FORCE ON RACIAL/ETHNIC ISSUES IN THE COURT (Michigan, 1989); TASK FORCE ON RACIAL BIAS IN THE JUDICIAL SYSTEM: FINAL REPORT, MINNESOTA SUPREME COURT (Minnesota, 1993); NEW JERSEY SUPREME COURT TASK FORCE ON MINORITY CONCERNS, FINAL REPORT (New Jersey, 1992); REPORT OF THE NEW YORK STATE JUDICIAL COMMISSION ON MINORITIES (New York, 1991); REPORT OF THE CONFERENCE, ETHNICITY, RACE, AND RELIGION AND THE NINTH CIRCUIT (Ninth Circuit, 1993); REPORT OF THE OREGON SUPREME COURT TASK FORCE ON RACIAL/ETHNIC ISSUES IN THE JUDICIAL SYSTEM (Oregon, 1990); MINORITY AND JUSTICE TASK FORCE: FINAL REPORT (Washington, 1990). In addition to individual state task forces, the National Consortium on Task Forces and Commissions on Racial and Ethnic Bias in the Courts was created in 1988 to serve as a forum to coordinate the states' efforts. See Arline S. Tyler & Steven Montano, State Panels Document Racial. Ethnic Bias in the Courts, 78 JUDICATURE 154 (1994) (discussing the coordination of individual state efforts through the National Consortium). For press analyses of some of the above reports, see Michael Beebe, Study Sees Racial Bias in State Courts: Justice System Abuses Minorities, Commission Report Says, BUFFALO NEWS, June 4, 1991, at A1 (discussing the report of New York's Judicial Commission on Minorities); Jersey Justice: N.J. Courts are Dealing with Discrimination, PHILADELPHIA INQUIRER, Dec. 4, 1989, at A20 (discussing the findings of the New Jersey task force on minorities); Virginia Rybin, Bias Found Throughout Minnnesota Legal System, ST. PAUL PIONEER PRESS, June 11, 1993, at 1A (discussing the report of the Minnesota Task Force on Racial Bias in the Judicial System); Mark Silva, Racial Bias Mars Courts, Study Finds: State Panel Urges Broad Reforms, MIAMI HERALD, Nov. 14, 1991, at 1A (discussing the report of the Florida Racial and Ethnic Bias Study Commission).
17. See ARKANSAS BAR ASSOCIATION COMMITTEE ON OPPORTUNITIES FOR WOMEN AND MINORITIES (Arkansas, 1992); FINAL REPORT OF THE TASK FORCE ON RACIAL AND ETHNIC BIAS AND TASK FORCE ON GENDER BIAS IN THE COURTS (District of Columbia, 1992); REPORT AND RECOMMENDATIONS OF THE FLORIDA SUPREME COURT RACIAL AND ETHNIC BIAS STUDY COMMISSION, "WHERE THE INJURED FLY FOR JUSTICE," VOL. ONE (Florida, 1990); REPORT AND RECOMMENDATIONS OF THE FLORIDA SUPREME COURT RACIAL AND ETHNIC BIAS STUDY COMMISSION, "WHERE THE INJURED FLY FOR JUSTICE," VOL. Two (Florida, 1991); REPORT OF THE FAIRNESS AND EQUALITY COMMITTEE OF THE SUPREME COURT OF IDAHO (Idaho, 1992); FINAL REPORT OF THE EQUALITY IN THE COURTS TASK FORCE (Iowa, 1993); FINAL REPORT OF THE MASSACHUSETTS SUPREME COURT COMMISSION TO STUDY RACIAL AND ETHNIC BIAS IN THE COURTS: "EQUAL JUSTICE: ELIMINATING THE BARRIERS" (Massachusetts, 1994); FINAL REPORT OF THE MICHIGAN SUPREME COURT TASK FORCE ON RACIAL/ETHNIC ISSUES IN THE COURT (Michigan, 1989); TASK FORCE ON RACIAL BIAS IN THE JUDICIAL SYSTEM: FINAL REPORT, MINNESOTA SUPREME COURT (Minnesota, 1993); NEW JERSEY SUPREME COURT TASK FORCE ON MINORITY CONCERNS, FINAL REPORT (New Jersey, 1992); REPORT OF THE NEW YORK STATE JUDICIAL COMMISSION ON MINORITIES (New York, 1991); REPORT OF THE CONFERENCE, ETHNICITY, RACE, AND RELIGION AND THE NINTH CIRCUIT (Ninth Circuit, 1993); REPORT OF THE OREGON SUPREME COURT TASK FORCE ON RACIAL/ETHNIC ISSUES IN THE JUDICIAL SYSTEM (Oregon, 1990); MINORITY AND JUSTICE TASK FORCE: FINAL REPORT (Washington, 1990). In addition to individual state task forces, the National Consortium on Task Forces and Commissions on Racial and Ethnic Bias in the Courts was created in 1988 to serve as a forum to coordinate the states' efforts. See Arline S. Tyler & Steven Montano, State Panels Document Racial. Ethnic Bias in the Courts, 78 JUDICATURE 154 (1994) (discussing the coordination of individual state efforts through the National Consortium). For press analyses of some of the above reports, see Michael Beebe, Study Sees Racial Bias in State Courts: Justice System Abuses Minorities, Commission Report Says, BUFFALO NEWS, June 4, 1991, at A1 (discussing the report of New York's Judicial Commission on Minorities); Jersey Justice: N.J. Courts are Dealing with Discrimination, PHILADELPHIA INQUIRER, Dec. 4, 1989, at A20 (discussing the findings of the New Jersey task force on minorities); Virginia Rybin, Bias Found Throughout Minnnesota Legal System, ST. PAUL PIONEER PRESS, June 11, 1993, at 1A (discussing the report of the Minnesota Task Force on Racial Bias in the Judicial System); Mark Silva, Racial Bias Mars Courts, Study Finds: State Panel Urges Broad Reforms, MIAMI HERALD, Nov. 14, 1991, at 1A (discussing the report of the Florida Racial and Ethnic Bias Study Commission).
18. See ARKANSAS BAR ASSOCIATION COMMITTEE ON OPPORTUNITIES FOR WOMEN AND MINORITIES (Arkansas, 1992); FINAL REPORT OF THE TASK FORCE ON RACIAL AND ETHNIC BIAS AND TASK FORCE ON GENDER BIAS IN THE COURTS (District of Columbia, 1992); REPORT AND RECOMMENDATIONS OF THE FLORIDA SUPREME COURT RACIAL AND ETHNIC BIAS STUDY COMMISSION, "WHERE THE INJURED FLY FOR JUSTICE," VOL. ONE (Florida, 1990); REPORT AND RECOMMENDATIONS OF THE FLORIDA SUPREME COURT RACIAL AND ETHNIC BIAS STUDY COMMISSION, "WHERE THE INJURED FLY FOR JUSTICE," VOL. Two (Florida, 1991); REPORT OF THE FAIRNESS AND EQUALITY COMMITTEE OF THE SUPREME COURT OF IDAHO (Idaho, 1992); FINAL REPORT OF THE EQUALITY IN THE COURTS TASK FORCE (Iowa, 1993); FINAL REPORT OF THE MASSACHUSETTS SUPREME COURT COMMISSION TO STUDY RACIAL AND ETHNIC BIAS IN THE COURTS: "EQUAL JUSTICE: ELIMINATING THE BARRIERS" (Massachusetts, 1994); FINAL REPORT OF THE MICHIGAN SUPREME COURT TASK FORCE ON RACIAL/ETHNIC ISSUES IN THE COURT (Michigan, 1989); TASK FORCE ON RACIAL BIAS IN THE JUDICIAL SYSTEM: FINAL REPORT, MINNESOTA SUPREME COURT (Minnesota, 1993); NEW JERSEY SUPREME COURT TASK FORCE ON MINORITY CONCERNS, FINAL REPORT (New Jersey, 1992); REPORT OF THE NEW YORK STATE JUDICIAL COMMISSION ON MINORITIES (New York, 1991); REPORT OF THE CONFERENCE, ETHNICITY, RACE, AND RELIGION AND THE NINTH CIRCUIT (Ninth Circuit, 1993); REPORT OF THE OREGON SUPREME COURT TASK FORCE ON RACIAL/ETHNIC ISSUES IN THE JUDICIAL SYSTEM (Oregon, 1990); MINORITY AND JUSTICE TASK FORCE: FINAL REPORT (Washington, 1990). In addition to individual state task forces, the National Consortium on Task Forces and Commissions on Racial and Ethnic Bias in the Courts was created in 1988 to serve as a forum to coordinate the states' efforts. See Arline S. Tyler & Steven Montano, State Panels Document Racial. Ethnic Bias in the Courts, 78 JUDICATURE 154 (1994) (discussing the coordination of individual state efforts through the National Consortium). For press analyses of some of the above reports, see Michael Beebe, Study Sees Racial Bias in State Courts: Justice System Abuses Minorities, Commission Report Says, BUFFALO NEWS, June 4, 1991, at A1 (discussing the report of New York's Judicial Commission on Minorities); Jersey Justice: N.J. Courts are Dealing with Discrimination, PHILADELPHIA INQUIRER, Dec. 4, 1989, at A20 (discussing the findings of the New Jersey task force on minorities); Virginia Rybin, Bias Found Throughout Minnnesota Legal System, ST. PAUL PIONEER PRESS, June 11, 1993, at 1A (discussing the report of the Minnesota Task Force on Racial Bias in the Judicial System); Mark Silva, Racial Bias Mars Courts, Study Finds: State Panel Urges Broad Reforms, MIAMI HERALD, Nov. 14, 1991, at 1A (discussing the report of the Florida Racial and Ethnic Bias Study Commission).
19. See ARKANSAS BAR ASSOCIATION COMMITTEE ON OPPORTUNITIES FOR WOMEN AND MINORITIES (Arkansas, 1992); FINAL REPORT OF THE TASK FORCE ON RACIAL AND ETHNIC BIAS AND TASK FORCE ON GENDER BIAS IN THE COURTS (District of Columbia, 1992); REPORT AND RECOMMENDATIONS OF THE FLORIDA SUPREME COURT RACIAL AND ETHNIC BIAS STUDY COMMISSION, "WHERE THE INJURED FLY FOR JUSTICE," VOL. ONE (Florida, 1990); REPORT AND RECOMMENDATIONS OF THE FLORIDA SUPREME COURT RACIAL AND ETHNIC BIAS STUDY COMMISSION, "WHERE THE INJURED FLY FOR JUSTICE," VOL. Two (Florida, 1991); REPORT OF THE FAIRNESS AND EQUALITY COMMITTEE OF THE SUPREME COURT OF IDAHO (Idaho, 1992); FINAL REPORT OF THE EQUALITY IN THE COURTS TASK FORCE (Iowa, 1993); FINAL REPORT OF THE MASSACHUSETTS SUPREME COURT COMMISSION TO STUDY RACIAL AND ETHNIC BIAS IN THE COURTS: "EQUAL JUSTICE: ELIMINATING THE BARRIERS" (Massachusetts, 1994); FINAL REPORT OF THE MICHIGAN SUPREME COURT TASK FORCE ON RACIAL/ETHNIC ISSUES IN THE COURT (Michigan, 1989); TASK FORCE ON RACIAL BIAS IN THE JUDICIAL SYSTEM: FINAL REPORT, MINNESOTA SUPREME COURT (Minnesota, 1993); NEW JERSEY SUPREME COURT TASK FORCE ON MINORITY CONCERNS, FINAL REPORT (New Jersey, 1992); REPORT OF THE NEW YORK STATE JUDICIAL COMMISSION ON MINORITIES (New York, 1991); REPORT OF THE CONFERENCE, ETHNICITY, RACE, AND RELIGION AND THE NINTH CIRCUIT (Ninth Circuit, 1993); REPORT OF THE OREGON SUPREME COURT TASK FORCE ON RACIAL/ETHNIC ISSUES IN THE JUDICIAL SYSTEM (Oregon, 1990); MINORITY AND JUSTICE TASK FORCE: FINAL REPORT (Washington, 1990). In addition to individual state task forces, the National Consortium on Task Forces and Commissions on Racial and Ethnic Bias in the Courts was created in 1988 to serve as a forum to coordinate the states' efforts. See Arline S. Tyler & Steven Montano, State Panels Document Racial. Ethnic Bias in the Courts, 78 JUDICATURE 154 (1994) (discussing the coordination of individual state efforts through the National Consortium). For press analyses of some of the above reports, see Michael Beebe, Study Sees Racial Bias in State Courts: Justice System Abuses Minorities, Commission Report Says, BUFFALO NEWS, June 4, 1991, at A1 (discussing the report of New York's Judicial Commission on Minorities); Jersey Justice: N.J. Courts are Dealing with Discrimination, PHILADELPHIA INQUIRER, Dec. 4, 1989, at A20 (discussing the findings of the New Jersey task force on minorities); Virginia Rybin, Bias Found Throughout Minnnesota Legal System, ST. PAUL PIONEER PRESS, June 11, 1993, at 1A (discussing the report of the Minnesota Task Force on Racial Bias in the Judicial System); Mark Silva, Racial Bias Mars Courts, Study Finds: State Panel Urges Broad Reforms, MIAMI HERALD, Nov. 14, 1991, at 1A (discussing the report of the Florida Racial and Ethnic Bias Study Commission).
20. See ARKANSAS BAR ASSOCIATION COMMITTEE ON OPPORTUNITIES FOR WOMEN AND MINORITIES (Arkansas, 1992); FINAL REPORT OF THE TASK FORCE ON RACIAL AND ETHNIC BIAS AND TASK FORCE ON GENDER BIAS IN THE COURTS (District of Columbia, 1992); REPORT AND RECOMMENDATIONS OF THE FLORIDA SUPREME COURT RACIAL AND ETHNIC BIAS STUDY COMMISSION, "WHERE THE INJURED FLY FOR JUSTICE," VOL. ONE (Florida, 1990); REPORT AND RECOMMENDATIONS OF THE FLORIDA SUPREME COURT RACIAL AND ETHNIC BIAS STUDY COMMISSION, "WHERE THE INJURED FLY FOR JUSTICE," VOL. Two (Florida, 1991); REPORT OF THE FAIRNESS AND EQUALITY COMMITTEE OF THE SUPREME COURT OF IDAHO (Idaho, 1992); FINAL REPORT OF THE EQUALITY IN THE COURTS TASK FORCE (Iowa, 1993); FINAL REPORT OF THE MASSACHUSETTS SUPREME COURT COMMISSION TO STUDY RACIAL AND ETHNIC BIAS IN THE COURTS: "EQUAL JUSTICE: ELIMINATING THE BARRIERS" (Massachusetts, 1994); FINAL REPORT OF THE MICHIGAN SUPREME COURT TASK FORCE ON RACIAL/ETHNIC ISSUES IN THE COURT (Michigan, 1989); TASK FORCE ON RACIAL BIAS IN THE JUDICIAL SYSTEM: FINAL REPORT, MINNESOTA SUPREME COURT (Minnesota, 1993); NEW JERSEY SUPREME COURT TASK FORCE ON MINORITY CONCERNS, FINAL REPORT (New Jersey, 1992); REPORT OF THE NEW YORK STATE JUDICIAL COMMISSION ON MINORITIES (New York, 1991); REPORT OF THE CONFERENCE, ETHNICITY, RACE, AND RELIGION AND THE NINTH CIRCUIT (Ninth Circuit, 1993); REPORT OF THE OREGON SUPREME COURT TASK FORCE ON RACIAL/ETHNIC ISSUES IN THE JUDICIAL SYSTEM (Oregon, 1990); MINORITY AND JUSTICE TASK FORCE: FINAL REPORT (Washington, 1990). In addition to individual state task forces, the National Consortium on Task Forces and Commissions on Racial and Ethnic Bias in the Courts was created in 1988 to serve as a forum to coordinate the states' efforts. See Arline S. Tyler & Steven Montano, State Panels Document Racial. Ethnic Bias in the Courts, 78 JUDICATURE 154 (1994) (discussing the coordination of individual state efforts through the National Consortium). For press analyses of some of the above reports, see Michael Beebe, Study Sees Racial Bias in State Courts: Justice System Abuses Minorities, Commission Report Says, BUFFALO NEWS, June 4, 1991, at A1 (discussing the report of New York's Judicial Commission on Minorities); Jersey Justice: N.J. Courts are Dealing with Discrimination, PHILADELPHIA INQUIRER, Dec. 4, 1989, at A20 (discussing the findings of the New Jersey task force on minorities); Virginia Rybin, Bias Found Throughout Minnnesota Legal System, ST. PAUL PIONEER PRESS, June 11, 1993, at 1A (discussing the report of the Minnesota Task Force on Racial Bias in the Judicial System); Mark Silva, Racial Bias Mars Courts, Study Finds: State Panel Urges Broad Reforms, MIAMI HERALD, Nov. 14, 1991, at 1A (discussing the report of the Florida Racial and Ethnic Bias Study Commission).
21. See ARKANSAS BAR ASSOCIATION COMMITTEE ON OPPORTUNITIES FOR WOMEN AND MINORITIES (Arkansas, 1992); FINAL REPORT OF THE TASK FORCE ON RACIAL AND ETHNIC BIAS AND TASK FORCE ON GENDER BIAS IN THE COURTS (District of Columbia, 1992); REPORT AND RECOMMENDATIONS OF THE FLORIDA SUPREME COURT RACIAL AND ETHNIC BIAS STUDY COMMISSION, "WHERE THE INJURED FLY FOR JUSTICE," VOL. ONE (Florida, 1990); REPORT AND RECOMMENDATIONS OF THE FLORIDA SUPREME COURT RACIAL AND ETHNIC BIAS STUDY COMMISSION, "WHERE THE INJURED FLY FOR JUSTICE," VOL. Two (Florida, 1991); REPORT OF THE FAIRNESS AND EQUALITY COMMITTEE OF THE SUPREME COURT OF IDAHO (Idaho, 1992); FINAL REPORT OF THE EQUALITY IN THE COURTS TASK FORCE (Iowa, 1993); FINAL REPORT OF THE MASSACHUSETTS SUPREME COURT COMMISSION TO STUDY RACIAL AND ETHNIC BIAS IN THE COURTS: "EQUAL JUSTICE: ELIMINATING THE BARRIERS" (Massachusetts, 1994); FINAL REPORT OF THE MICHIGAN SUPREME COURT TASK FORCE ON RACIAL/ETHNIC ISSUES IN THE COURT (Michigan, 1989); TASK FORCE ON RACIAL BIAS IN THE JUDICIAL SYSTEM: FINAL REPORT, MINNESOTA SUPREME COURT (Minnesota, 1993); NEW JERSEY SUPREME COURT TASK FORCE ON MINORITY CONCERNS, FINAL REPORT (New Jersey, 1992); REPORT OF THE NEW YORK STATE JUDICIAL COMMISSION ON MINORITIES (New York, 1991); REPORT OF THE CONFERENCE, ETHNICITY, RACE, AND RELIGION AND THE NINTH CIRCUIT (Ninth Circuit, 1993); REPORT OF THE OREGON SUPREME COURT TASK FORCE ON RACIAL/ETHNIC ISSUES IN THE JUDICIAL SYSTEM (Oregon, 1990); MINORITY AND JUSTICE TASK FORCE: FINAL REPORT (Washington, 1990). In addition to individual state task forces, the National Consortium on Task Forces and Commissions on Racial and Ethnic Bias in the Courts was created in 1988 to serve as a forum to coordinate the states' efforts. See Arline S. Tyler & Steven Montano, State Panels Document Racial. Ethnic Bias in the Courts, 78 JUDICATURE 154 (1994) (discussing the coordination of individual state efforts through the National Consortium). For press analyses of some of the above reports, see Michael Beebe, Study Sees Racial Bias in State Courts: Justice System Abuses Minorities, Commission Report Says, BUFFALO NEWS, June 4, 1991, at A1 (discussing the report of New York's Judicial Commission on Minorities); Jersey Justice: N.J. Courts are Dealing with Discrimination, PHILADELPHIA INQUIRER, Dec. 4, 1989, at A20 (discussing the findings of the New Jersey task force on minorities); Virginia Rybin, Bias Found Throughout Minnnesota Legal System, ST. PAUL PIONEER PRESS, June 11, 1993, at 1A (discussing the report of the Minnesota Task Force on Racial Bias in the Judicial System); Mark Silva, Racial Bias Mars Courts, Study Finds: State Panel Urges Broad Reforms, MIAMI HERALD, Nov. 14, 1991, at 1A (discussing the report of the Florida Racial and Ethnic Bias Study Commission).
22. See ARKANSAS BAR ASSOCIATION COMMITTEE ON OPPORTUNITIES FOR WOMEN AND MINORITIES (Arkansas, 1992); FINAL REPORT OF THE TASK FORCE ON RACIAL AND ETHNIC BIAS AND TASK FORCE ON GENDER BIAS IN THE COURTS (District of Columbia, 1992); REPORT AND RECOMMENDATIONS OF THE FLORIDA SUPREME COURT RACIAL AND ETHNIC BIAS STUDY COMMISSION, "WHERE THE INJURED FLY FOR JUSTICE," VOL. ONE (Florida, 1990); REPORT AND RECOMMENDATIONS OF THE FLORIDA SUPREME COURT RACIAL AND ETHNIC BIAS STUDY COMMISSION, "WHERE THE INJURED FLY FOR JUSTICE," VOL. Two (Florida, 1991); REPORT OF THE FAIRNESS AND EQUALITY COMMITTEE OF THE SUPREME COURT OF IDAHO (Idaho, 1992); FINAL REPORT OF THE EQUALITY IN THE COURTS TASK FORCE (Iowa, 1993); FINAL REPORT OF THE MASSACHUSETTS SUPREME COURT COMMISSION TO STUDY RACIAL AND ETHNIC BIAS IN THE COURTS: "EQUAL JUSTICE: ELIMINATING THE BARRIERS" (Massachusetts, 1994); FINAL REPORT OF THE MICHIGAN SUPREME COURT TASK FORCE ON RACIAL/ETHNIC ISSUES IN THE COURT (Michigan, 1989); TASK FORCE ON RACIAL BIAS IN THE JUDICIAL SYSTEM: FINAL REPORT, MINNESOTA SUPREME COURT (Minnesota, 1993); NEW JERSEY SUPREME COURT TASK FORCE ON MINORITY CONCERNS, FINAL REPORT (New Jersey, 1992); REPORT OF THE NEW YORK STATE JUDICIAL COMMISSION ON MINORITIES (New York, 1991); REPORT OF THE CONFERENCE, ETHNICITY, RACE, AND RELIGION AND THE NINTH CIRCUIT (Ninth Circuit, 1993); REPORT OF THE OREGON SUPREME COURT TASK FORCE ON RACIAL/ETHNIC ISSUES IN THE JUDICIAL SYSTEM (Oregon, 1990); MINORITY AND JUSTICE TASK FORCE: FINAL REPORT (Washington, 1990). In addition to individual state task forces, the National Consortium on Task Forces and Commissions on Racial and Ethnic Bias in the Courts was created in 1988 to serve as a forum to coordinate the states' efforts. See Arline S. Tyler & Steven Montano, State Panels Document Racial. Ethnic Bias in the Courts, 78 JUDICATURE 154 (1994) (discussing the coordination of individual state efforts through the National Consortium). For press analyses of some of the above reports, see Michael Beebe, Study Sees Racial Bias in State Courts: Justice System Abuses Minorities, Commission Report Says, BUFFALO NEWS, June 4, 1991, at A1 (discussing the report of New York's Judicial Commission on Minorities); Jersey Justice: N.J. Courts are Dealing with Discrimination, PHILADELPHIA INQUIRER, Dec. 4, 1989, at A20 (discussing the findings of the New Jersey task force on minorities); Virginia Rybin, Bias Found Throughout Minnnesota Legal System, ST. PAUL PIONEER PRESS, June 11, 1993, at 1A (discussing the report of the Minnesota Task Force on Racial Bias in the Judicial System); Mark Silva, Racial Bias Mars Courts, Study Finds: State Panel Urges Broad Reforms, MIAMI HERALD, Nov. 14, 1991, at 1A (discussing the report of the Florida Racial and Ethnic Bias Study Commission).
23. See ARKANSAS BAR ASSOCIATION COMMITTEE ON OPPORTUNITIES FOR WOMEN AND MINORITIES (Arkansas, 1992); FINAL REPORT OF THE TASK FORCE ON RACIAL AND ETHNIC BIAS AND TASK FORCE ON GENDER BIAS IN THE COURTS (District of Columbia, 1992); REPORT AND RECOMMENDATIONS OF THE FLORIDA SUPREME COURT RACIAL AND ETHNIC BIAS STUDY COMMISSION, "WHERE THE INJURED FLY FOR JUSTICE," VOL. ONE (Florida, 1990); REPORT AND RECOMMENDATIONS OF THE FLORIDA SUPREME COURT RACIAL AND ETHNIC BIAS STUDY COMMISSION, "WHERE THE INJURED FLY FOR JUSTICE," VOL. Two (Florida, 1991); REPORT OF THE FAIRNESS AND EQUALITY COMMITTEE OF THE SUPREME COURT OF IDAHO (Idaho, 1992); FINAL REPORT OF THE EQUALITY IN THE COURTS TASK FORCE (Iowa, 1993); FINAL REPORT OF THE MASSACHUSETTS SUPREME COURT COMMISSION TO STUDY RACIAL AND ETHNIC BIAS IN THE COURTS: "EQUAL JUSTICE: ELIMINATING THE BARRIERS" (Massachusetts, 1994); FINAL REPORT OF THE MICHIGAN SUPREME COURT TASK FORCE ON RACIAL/ETHNIC ISSUES IN THE COURT (Michigan, 1989); TASK FORCE ON RACIAL BIAS IN THE JUDICIAL SYSTEM: FINAL REPORT, MINNESOTA SUPREME COURT (Minnesota, 1993); NEW JERSEY SUPREME COURT TASK FORCE ON MINORITY CONCERNS, FINAL REPORT (New Jersey, 1992); REPORT OF THE NEW YORK STATE JUDICIAL COMMISSION ON MINORITIES (New York, 1991); REPORT OF THE CONFERENCE, ETHNICITY, RACE, AND RELIGION AND THE NINTH CIRCUIT (Ninth Circuit, 1993); REPORT OF THE OREGON SUPREME COURT TASK FORCE ON RACIAL/ETHNIC ISSUES IN THE JUDICIAL SYSTEM (Oregon, 1990); MINORITY AND JUSTICE TASK FORCE: FINAL REPORT (Washington, 1990). In addition to individual state task forces, the National Consortium on Task Forces and Commissions on Racial and Ethnic Bias in the Courts was created in 1988 to serve as a forum to coordinate the states' efforts. See Arline S. Tyler & Steven Montano, State Panels Document Racial. Ethnic Bias in the Courts, 78 JUDICATURE 154 (1994) (discussing the coordination of individual state efforts through the National Consortium). For press analyses of some of the above reports, see Michael Beebe, Study Sees Racial Bias in State Courts: Justice System Abuses Minorities, Commission Report Says, BUFFALO NEWS, June 4, 1991, at A1 (discussing the report of New York's Judicial Commission on Minorities); Jersey Justice: N.J. Courts are Dealing with Discrimination, PHILADELPHIA INQUIRER, Dec. 4, 1989, at A20 (discussing the findings of the New Jersey task force on minorities); Virginia Rybin, Bias Found Throughout Minnnesota Legal System, ST. PAUL PIONEER PRESS, June 11, 1993, at 1A (discussing the report of the Minnesota Task Force on Racial Bias in the Judicial System); Mark Silva, Racial Bias Mars Courts, Study Finds: State Panel Urges Broad Reforms, MIAMI HERALD, Nov. 14, 1991, at 1A (discussing the report of the Florida Racial and Ethnic Bias Study Commission).
24. See THE GENDER, RACE, AND ETHNIC BIAS TASK FORCE PROJECT IN THE D.C. CIRCUIT (1995), at IVB-1 to IVB-175 [hereinafter TASK FORCE REPORT].
25. Id. at I-1 to I-4. The entire text of the Report appears in volume one of the TASK FORCE REPORT. Volume two of the TASK FORCE REPORT contains the appendices exclusively.
26. See infra pages 189-341.
27. See Saundra Torry, Study of Bias in Courts Splits Judges, WASH. POST, Feb. 28, 1994, at A1.
28. See TASK FORCE REPORT, supra note 5, at V-1; see also Showdown over Bias Task Force, LEGAL TIMES, Apr. 10, 1995, at 12 (discussing Judge Silberman's criticisms of the TASK FORCE REPORT); Saundra Torry, Federal Judge Assails Courthouse Bias Study: Jurists' Report Finds Subtle Barriers in D.C., WASH. POST, Mar. 27, 1995, at B3 (same).
29. See TASK FORCE REPORT, supra note 5, at V-1; see also Showdown over Bias Task Force, LEGAL TIMES, Apr. 10, 1995, at 12 (discussing Judge Silberman's criticisms of the TASK FORCE REPORT); Saundra Torry, Federal Judge Assails Courthouse Bias Study: Jurists' Report Finds Subtle Barriers in D.C., WASH. POST, Mar. 27, 1995, at B3 (same).
30. See TASK FORCE REPORT, supra note 5, at V-1; see also Showdown over Bias Task Force, LEGAL TIMES, Apr. 10, 1995, at 12 (discussing Judge Silberman's criticisms of the TASK FORCE REPORT); Saundra Torry, Federal Judge Assails Courthouse Bias Study: Jurists' Report Finds Subtle Barriers in D.C., WASH. POST, Mar. 27, 1995, at B3 (same).
31. See 141 CONG. REC. S14,691-92 (daily ed. Sept. 29, 1995).
32. It is interesting to note, however, that the Report has generated little controversy and much support within the legal community at large. As the Task Force judges noted in a response to the seven "disassociated" judges on the court of appeals: These Reports have generated widespread discussion and almost universal praise from the local and national bars whose members practice in our courthouse, including the 65,000 member District of Columbia Bar, the Hispanic Bar Association, the Asian Pacific American Bar Association, the American Bar Association's Commission on Women in the Profession, the National Association of Women Judges, the Women's Bar of the District of Columbia, the District of Columbia Conference on Opportunities for Minorities in the Legal Profession, the Council for Court Excellence, and the Chairman of the D.C. City Council's Judiciary Committee. TASK FORCE REPORT, supra note 5, at VI-1 (citations omitted).
33. See COMM. ON LONG RANGE PLANNING, JUDICIAL CONFERENCE OF THE U.S., PROPOSED LONG RANGE PLAN FOR THE FEDERAL COURTS 101 (1995) (recommending that all federal court staff adopt a "customer service" approach to justice).
34. Id. at 104-05 (developing the suggestion of Recommendation 86 that federal judges should avoid bias and the appearance of bias).
35. By contrast, the local courts in the District of Columbia have been much more sensitive to the need to welcome and include all segments of the community. Not only is the courthouse much more accessible to language minorities, but the courts also recently held an open house for the Spanish-speaking community in order to familiarize the community with the courts and the judicial process. Such actions foster trust and understanding in the relationship between court and community. Neglect of such issues, whether intentional or not, disrupts that relationship.
36. See TASK FORCE REPORT, supra note 5, at IVB-15. For a copy of the employee survey and a chart of results, see id. at Joint Appendix B.
37. See TASK FORCE REPORT, supra note 5, at IVB-15. For a copy of the employee survey and a chart of results, see id. at Joint Appendix B.
38. See id. at IVB-15 to IVB-16.
39. See id. at IVB-15. For copies of the attorney surveys distributed by each Special Committee and their respective results, see TASK FORCE REPORT, Special Committee on Race and Ethnicity, Appendix G, and Special Committee on Gender, Appendix D.
40. See id. at IVB-15. For copies of the attorney surveys distributed by each Special Committee and their respective results, see TASK FORCE REPORT, Special Committee on Race and Ethnicity, Appendix G, and Special Committee on Gender, Appendix D.
41. See id. at IVB-14 to IVB-16.
42. See id. at IVB-35 to IVB-36.
43. See id.
44. See id. at IVB-29 to IVB-32.
45. See id. at IVB-23 to IVB-28 (identifying the inadequacies of the discrimination complaint process as well as the absence of any general grievance mechanisms).
46. See id. at IVB-162 to IVB-165.
47. Id. at IVB-41 n.113.
48. See id.
49. Id. at IVB-48.
50. Id. Fifty-three percent of the female minority litigators responding to the survey reported that a federal judge had either ignored them or not listened to them because of gender, race, ethnicity, or a combination of such factors. Id.
51. Id. Fifty-three percent of the female minority litigators responding to the survey reported that a federal judge had either ignored them or not listened to them because of gender, race, ethnicity, or a combination of such factors. Id.
52. Id. at IVB-99. Not surprisingly, many white lawyers believed that African American lawyers had an advantage in jury trials in D.C. District Court, while the African American lawyers who thought it made a difference were equally divided on whether it was an advantage or disadvantage. See id.
53. Id. at IVB-99. Not surprisingly, many white lawyers believed that African American lawyers had an advantage in jury trials in D.C. District Court, while the African American lawyers who thought it made a difference were equally divided on whether it was an advantage or disadvantage. See id.
54. See id. at IVB-165 to IVB-167.
55. See, e.g., id. at V-2 to V-3 (arguing that the Report favored "proportional representation" and "quota-conscious hiring") (Statement of Disassociation by Circuit Judges Buckley, Ginsburg, and Randolph).
56. Id. at IVB-106.
57. Id.
58. Id.
59. The Committees interviewed approximately 80% of the trial level judges in the District of Columbia Circuit. Id. at IVB-115. By contrast, only three court of appeals judges participated in interviews. Id.
60. The Committees interviewed approximately 80% of the trial level judges in the District of Columbia Circuit. Id. at IVB-115. By contrast, only three court of appeals judges participated in interviews. Id.
61. See id. at IVB-115 to IVB-116.
62. Id. at IVB-116 (internal quotations omitted).
63. See Torry, supra note 8, at A10.
64. See Saundra Torry, Bias Survey Shows Unequal Courtroom Tendencies, WASH. POST, Feb. 13, 1995, at F7.
65. TASK FORCE REPORT, supra note 5, at V-1 (Statement of Disassociation by Circuit Judges Buckley, Ginsburg, and Randolph).
66. See id. at V-1 to V-2.
67. Even the exceptionally vigilant Office of Legal Counsel at the Department of Justice approves regularly of legislative branch involvement in executive branch issues as long as the legislatively sponsored activity is purely advisory.
68. See, e.g., U.S. COURT OF APPEALS FOR THE SEVENTH CIRCUIT, FINAL REPORT OF THE COMMITTEE ON CIVILITY OF THE SEVENTH FEDERAL JUDICIAL CIRCUIT (1992); AD HOC COMM. ON ASBESTOS LITIG., REPORT OF THE JUDICIAL CONFERENCE AD HOC COMMITTEE ON ASBESTOS LITIGATION (Judicial Conference 1991); AD HOC COMM. ON FED. HABEAS CORPUS IN CAPITAL CASES, REPORT OF THE AD HOC COMMITTEE ON FEDERAL HABEAS CORPUS IN CAPITAL CASES (Judicial Conference 1989); PRISONER CIVIL RIGHTS COMM.,
69. See, e.g., U.S. COURT OF APPEALS FOR THE SEVENTH CIRCUIT, FINAL REPORT OF THE COMMITTEE ON CIVILITY OF THE SEVENTH FEDERAL JUDICIAL CIRCUIT (1992); AD HOC COMM. ON ASBESTOS LITIG., REPORT OF THE JUDICIAL CONFERENCE AD HOC COMMITTEE ON ASBESTOS LITIGATION (Judicial Conference 1991); AD HOC COMM. ON FED. HABEAS CORPUS IN CAPITAL CASES, REPORT OF THE AD HOC COMMITTEE ON FEDERAL HABEAS CORPUS IN CAPITAL CASES (Judicial Conference 1989); PRISONER CIVIL RIGHTS COMM., RECOMMENDED PROCEDURES FOR HANDLING PRISONER CIVIL RIGHTS CASES IN THE FEDERAL COURTS (Federal Judicial Center 1980).
70. See, e.g., U.S. COURT OF APPEALS FOR THE SEVENTH CIRCUIT, FINAL REPORT OF THE COMMITTEE ON CIVILITY OF THE SEVENTH FEDERAL JUDICIAL CIRCUIT (1992); AD HOC COMM. ON ASBESTOS LITIG., REPORT OF THE JUDICIAL CONFERENCE AD HOC COMMITTEE ON ASBESTOS LITIGATION (Judicial Conference 1991); AD HOC COMM. ON FED. HABEAS CORPUS IN CAPITAL CASES, REPORT OF THE AD HOC COMMITTEE ON FEDERAL HABEAS CORPUS IN CAPITAL CASES (Judicial Conference 1989); PRISONER CIVIL RIGHTS COMM., RECOMMENDED PROCEDURES FOR HANDLING PRISONER CIVIL RIGHTS CASES IN THE FEDERAL COURTS (Federal Judicial Center 1980).
71. See, e.g., U.S. COURT OF APPEALS FOR THE SEVENTH CIRCUIT, FINAL REPORT OF THE COMMITTEE ON CIVILITY OF THE SEVENTH FEDERAL JUDICIAL CIRCUIT (1992); AD HOC COMM. ON ASBESTOS LITIG., REPORT OF THE JUDICIAL CONFERENCE AD HOC COMMITTEE ON ASBESTOS LITIGATION (Judicial Conference 1991); AD HOC COMM. ON FED. HABEAS CORPUS IN CAPITAL CASES, REPORT OF THE AD HOC COMMITTEE ON FEDERAL HABEAS CORPUS IN CAPITAL CASES (Judicial Conference 1989); PRISONER CIVIL RIGHTS COMM., RECOMMENDED PROCEDURES FOR HANDLING PRISONER CIVIL RIGHTS CASES IN THE FEDERAL COURTS (Federal Judicial Center 1980).
72. These include, inter alia, The National Commission on Judicial Discipline and Removal (vice-chaired by Judge Jay Plager of the Federal Circuit and including Judge Levin Campbell of the 1st Circuit); The National Commission on Organized Crime (chaired by Judge Kaufman of the 2nd Circuit); and, The President's Commission on Law Enforcement and the Administration of Justice (including Judge James Benton Parsons of the Northern District of Illinois and Judge Luther W. Youngdahl of the District of the District Columbia).
73. See Mistretta v. United States, 488 U.S. 361, 384-97 (1989).
74. See, e.g., Douglas H. Ginsburg & Paul Schechtman, Blackmail: An Economic Analysis in the Law, 141 U. PA. L. REV. 1849 (1993) (explaining that a legal code shaped solely to achieve economic efficiency would include a prohibition against blackmail); Laurence H. Silberman, Luncheon Address: The Clarence Thomas Confirmation: A Retrospective, 23 CUMB. L. REV. 141 (1992-1993) (discussing the proper public role of judges regarding the appointment of other judges or justices); Laurence H. Silberman, The American Bar Association and Judicial Nominations, 59 GEO. WASH. L. REV. 1092 (1991) (noting that the ABA's role in judicial selection induces judges to take an inappropriate political role in the process); Stephen Williams, Second Best: The Soft Underbelly of Deterrence Theory in Tort, 106 HARV. L. REV. 932 (1993) (arguing that strict liability for consumer products or services does not necessarily optimize economic performance or enhance health and safety).
75. See, e.g., Douglas H. Ginsburg & Paul Schechtman, Blackmail: An Economic Analysis in the Law, 141 U. PA. L. REV. 1849 (1993) (explaining that a legal code shaped solely to achieve economic efficiency would include a prohibition against blackmail); Laurence H. Silberman, Luncheon Address: The Clarence Thomas Confirmation: A Retrospective, 23 CUMB. L. REV. 141 (1992-1993) (discussing the proper public role of judges regarding the appointment of other judges or justices); Laurence H. Silberman, The American Bar Association and Judicial Nominations, 59 GEO. WASH. L. REV. 1092 (1991) (noting that the ABA's role in judicial selection induces judges to take an inappropriate political role in the process); Stephen Williams, Second Best: The Soft Underbelly of Deterrence Theory in Tort, 106 HARV. L. REV. 932 (1993) (arguing that strict liability for consumer products or services does not necessarily optimize economic performance or enhance health and safety).
76. See, e.g., Douglas H. Ginsburg & Paul Schechtman, Blackmail: An Economic Analysis in the Law, 141 U. PA. L. REV. 1849 (1993) (explaining that a legal code shaped solely to achieve economic efficiency would include a prohibition against blackmail); Laurence H. Silberman, Luncheon Address: The Clarence Thomas Confirmation: A Retrospective, 23 CUMB. L. REV. 141 (1992-1993) (discussing the proper public role of judges regarding the appointment of other judges or justices); Laurence H. Silberman, The American Bar Association and Judicial Nominations, 59 GEO. WASH. L. REV. 1092 (1991) (noting that the ABA's role in judicial selection induces judges to take an inappropriate political role in the process); Stephen Williams, Second Best: The Soft Underbelly of Deterrence Theory in Tort, 106 HARV. L. REV. 932 (1993) (arguing that strict liability for consumer products or services does not necessarily optimize economic performance or enhance health and safety).
77. See, e.g., Douglas H. Ginsburg & Paul Schechtman, Blackmail: An Economic Analysis in the Law, 141 U. PA. L. REV. 1849 (1993) (explaining that a legal code shaped solely to achieve economic efficiency would include a prohibition against blackmail); Laurence H. Silberman, Luncheon Address: The Clarence Thomas Confirmation: A Retrospective, 23 CUMB. L. REV. 141 (1992-1993) (discussing the proper public role of judges regarding the appointment of other judges or justices); Laurence H. Silberman, The American Bar Association and Judicial Nominations, 59 GEO. WASH. L. REV. 1092 (1991) (noting that the ABA's role in judicial selection induces judges to take an inappropriate political role in the process); Stephen Williams, Second Best: The Soft Underbelly of Deterrence Theory in Tort, 106 HARV. L. REV. 932 (1993) (arguing that strict liability for consumer products or services does not necessarily optimize economic performance or enhance health and safety).
78. TASK FORCE REPORT, supra note 5, at V-2.
79. Id.
80. See id. at IVB-21 n.51.
81. Id. at V App 1-2.
82. Antonio v. Wards Cove Packing Co., 10 F.3d 1485 (9th Cir. 1993), cert, denied, 115 S. Ct. 57 (1994).
83. See TASK FORCE REPORT, supra note 5, at V App 1-3 to V App 1-4.
84. See id. at IVB-19 to IVB-23.
85. Id. at V App 1-6.
86. See id.
87. Thernstrom's discussion of clerkships consists mostly of a diatribe against affirmative action in legal education, even though that issue is not discussed - even remotely - in the Report. He also derides as "vague and mystical comments" the Report's suggestion that judges might usefully look to additional criteria in hiring their law clerks. Id. at V App 1-21. The Report, however, never suggests hiring on any basis other than merit. The Report does suggest, as did many of the judges interviewed by the Committee, that law school grades are not the only relevant basis for assessing merit. Most lawyers would probably deem it a truism that legal ability and success as a lawyer are not definitively and solely established by law school grades. Yes, they are a relevant criterion. No, they are not the only criterion, and it is not "vague and mystical," as Thernstrom asserts, to suggest that judges evaluate merit by more inclusive and complete criteria. The Committee's interviews with the judges did not support the view Thernstrom suspects is held by most judges, and for which he cites no basis, that grades are the predominant predictor of a successful law clerk. See id. at V App 1-14 to V App 1-22.
88. Thernstrom's discussion of clerkships consists mostly of a diatribe against affirmative action in legal education, even though that issue is not discussed - even remotely - in the Report. He also derides as "vague and mystical comments" the Report's suggestion that judges might usefully look to additional criteria in hiring their law clerks. Id. at V App 1-21. The Report, however, never suggests hiring on any basis other than merit. The Report does suggest, as did many of the judges interviewed by the Committee, that law school grades are not the only relevant basis for assessing merit. Most lawyers would probably deem it a truism that legal ability and success as a lawyer are not definitively and solely established by law school grades. Yes, they are a relevant criterion. No, they are not the only criterion, and it is not "vague and mystical," as Thernstrom asserts, to suggest that judges evaluate merit by more inclusive and complete criteria. The Committee's interviews with the judges did not support the view Thernstrom suspects is held by most judges, and for which he cites no basis, that grades are the predominant predictor of a successful law clerk. See id. at V App 1-14 to V App 1-22.
89. Id. at V-3.
90. See id. at IVB-115 to IVB-116.
91. Id. at V-5.
92. See id. at V App 1-29 to V App 1-30.
93. See id. at V App 1-30.
94. See id. at V App 1-29.
95. See id. at V App 1-32.
96. The Committee's use of perception data is consistent with recommendations of both the Federal Judicial Center and the National Center for State Courts. See FEDERAL JUDICIAL CENTER, STUDYING THE ROLE OF GENDER IN THE FEDERAL COURTS: A RESEARCH GUIDE (1995); NATIONAL CENTER FOR STATE COURTS AND THE STATE JUSTICE INSTITUTE, ESTABLISHING AND OPERATING A TASK FORCE OR COMMISSION ON RACE AND ETHNIC BIAS IN THE COURTS (1993).
97. The Committee's use of perception data is consistent with recommendations of both the Federal Judicial Center and the National Center for State Courts. See FEDERAL JUDICIAL CENTER, STUDYING THE ROLE OF GENDER IN THE FEDERAL COURTS: A RESEARCH GUIDE (1995); NATIONAL CENTER FOR STATE COURTS AND THE STATE JUSTICE INSTITUTE, ESTABLISHING AND OPERATING A TASK FORCE OR COMMISSION ON RACE AND ETHNIC BIAS IN THE COURTS (1993).
98. TASK FORCE REPORT, supra note 5, at IVB-1.
99. Id. at V-7.
100. Id. at V-7 to V-8.
101. See supra notes 39-40 and accompanying text.
102. TASK FORCE REPORT, supra note 5, at V-8.
103. Id.
104. See 41 CONG. REC. S14,691 (daily ed. Sept. 29, 1995) (statement of Sen. Grassley).
105. Senator Grassley stated: I would like to clarify an important point regarding the authority of the judiciary to expend funds to conduct so-called gender and racial bias studies under HR 2076. Although the Judiciary requested a specific line item in the appropriations legislation for the coming fiscal year to support such studies, no such line item has been included in HR 2076. Furthermore, in the chairman's mark, approximately $700,000 was removed from the Crime Trust Fund from which the race-gender bias studies could be conducted. Am I correct that these actions indicate an intent on the part of the Appropriations Committee not to fund race-gender bias studies? Senator Gramm responded: "I would only say that the Senator's interpretation of these removals is correct. It was the intent of the Committee to clearly indicate that no funds have been appropriated for race-gender bias studies." Senator Grassley concluded: "As Chairman of the Subcommittee on Administrative Oversight and the Courts, I believe that the choices you have made clearly indicate that no bias studies can be supported by Federal funds." 141 CONG. REC. S14,691-92 (daily ed. Sept. 29, 1995).
106. The mere failure to appropriate specific money for a project (even when accompanied by a floor colloquy) is quite different from an express statutory ban on expenditures for a particular purpose. Congress clearly knows how to enact such language. In fact, the Government Accounting Office's Principles of Federal Appropriations Law clearly identifies several use-restricting provisions that Congress may use to prohibit expenditures for a particular purpose (e.g., "none of the funds herein appropriated . . ." and "no funds available to . . ."). GAO, PRINCIPLES OF FEDERAL APPROPRIATIONS LAW 2-282-42 to 2-282-43 (2d ed. 1991). The failure to adopt any express restriction permits courts to use other appropriated funds to continue the work of the task forces.
107. It is also questionable whether the Congress could prohibit the federal courts from examining their own internal operations by soliciting advice from volunteer lawyers or from surveying lawyers and members of the community on issues relating to the impact of gender, race, and ethnicity. Such a limitation would constitute a serious invasion of the independence of the federal judiciary and would likely breach the constitutionally mandated separation of powers.
108. See 141 CONG. REC. S18,173-75 (daily ed. Dec. 7, 1995); see also 141 CONG. REC. E2348 (daily ed. Dec. 13, 1995) (remarks of Rep. Nita M. Lowey, referring to the Gramm-Grassley-Hatch colloquy: "I would like to note that the colloquy entered by the Senators on this issue has absolutely no binding effect on the federal judicial circuits. The colloquy is merely the opinion of three members of Congress; it is not law."); 141 CONG. REC. E2302 (daily ed. Dec. 6, 1995) (statement of Rep. Morella expressing support for the federal bias task forces); 141 CONG. REC. E2040 (daily ed. Oct. 26, 1995) (statement of Rep. Serrano (same)).
109. I rise to add that these studies have been ill-conceived, deeply flawed and divisive. In my view, they threaten the independence of the Federal judiciary. In the D.C. Circuit, for instance, the gender bias study was so controversial, and so poorly carried out, that a majority of the judges on the D.C. Circuit have formally disavowed the study. Professor Stephen Themstrom of Harvard University has investigated these studies and found them to be methodologically biased and flawed. 141 CONG. REC. S14,691-92 (daily ed. Sept. 29, 1995) (statement of Sen. Hatch). It is bizarre and ironic that Senator Hatch argues that studies commissioned by the judiciary itself "threaten the independence of the Federal judiciary," while implying that Congress telling the judiciary what it may examine with respect to its own operations does not. See id.