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THE LEGAL BRIEF
VOLUME 42, ISSUE 3
Bias in Judicial Performance Evaluations, the Problem and Proposed Solutions By Andrea Răchită and Judge Rebecca Glasgow 1
We value diverse perspectives in Washington ’ s judicial system, and we know that a diverse judiciary enhances public confidence in the courts. 2 People who see judges who look like them report greater trust in the justice system. 3 And studies have confirmed what has been my personal experience conferencing cases on three - judge panels at the Court of Appeals. Diverse members of the bench enrich the substantive conversations among judges, and diverse members of a court can enhance the way that all members of a court approach cases. 4 In fact, the federal courts and the national Conference of Chief Justices of the state courts have prioritized efforts to ensure “ a diverse complement of highly competent judges ” because they know that a diverse judiciary is not just an aspiration. It is a requirement if we are to have any hope of eliminating systemic bias in our court system. 5 Washington has been at the forefront of taking steps to eliminate the effects of unconscious bias in our court sys- tem. For example, our pattern jury instructions describe unconscious bias and acknowledge that it is an aspect of hu- man nature that affects everyone. 6 The instructions urge jurors to recognize unconscious bias and eliminate it from their deliberations. Federal and some state courts in Washington show jurors a video about unconscious bias before they serve. And our Supreme Court has adopted General Rule 37 in part to reduce the effects of unconscious bias in peremptory challenges that have impacted jury diversity. In sum, we know that unconscious bias is something that affects all of us and we have taken significant steps to address it in Washington ’ s court system. Every two years, the Thurston County Bar Association calls on its members to complete a survey - based evalua- tion to rate the efficacy, knowledge, and demeanor of Thurston County Superior and District Court judicial officers. In recent years, BIPOC, LGBTQ, and female judges on the Thurston County bench have received noticeably lower rat- ings than their white male counterparts, perhaps as a result of unconscious bias. In 2021, of the 15 rated Thurston County judicial officers, the top six were white men, and BIPOC judicial officers were rated in the bottom third. In 2023, no BIPOC judge had an average score of four or higher, on a scale of five, for more than one rated category.
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1 The viewpoints expressed in this article are my own personal opinions, and they do not reflect any official position of the Court of Appeals. 2 Diversity on the Bench: Why It Matters in a Polarized Supreme Court (americanbar.org); Sherrilyn A. Ifill, Racial Diversity on the Bench: Beyond Roe Models and Public Confidence, 57 Wash. & Lee L. Rev. 405, 409 - 11 (2000). 3 Id. 4 See Diversity in the Judiciary Impacts How Cases Are Decided (businessinsider.com); Sherrilyn A. Ifill, Racial Diversity on the Bench: Beyond Roe Models and Public Confidence, 57 Wash. & Lee L. Rev. 405, 409 - 11 (2000). 5 https://www.uscourts.gov/statistics - reports/issue - 4 - judiciary - workforce - and - workplace; Microsoft Word - Resolu- tion 1 - In Support of Racial Equality and Justice for All.docx (ncsc.org) 6 WPI 1.01.
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