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THE LEGAL BRIEF
VOLUME 41, ISSUE 5
A View From The Bench
By Chief Judge Rebecca Glasgow Court of Appeals, Division Two
In 2021, Washington ’ s Gender and Justice Commission conducted a study of bias in Washington courts and we published a report entitled How Gender and Race Affect Justice Now. The study, led by Washington Supreme Court Justice Sheryl Gordon McCloud and Dr. Dana Raigrodski of the University of Washington, considered topics that the Commission had evaluated in its first landmark study of bias in Washington courts in 1989, and the Commission added several more topics for its 2021 study. As a current co - chair of the Gender and Justice Commission with Justice Gordon McCloud, I want to take this opportunity to tell you a bit more about the study and some of its recommendations. The following is a brief summary of some key highlights, but I invite you to check out any chapter of the study that interests you. https://www.courts.wa.gov/ subsite/gjc/documents/2021_Gender_Justice_Study_Report.pdf Washington has a long history of bias and exclusion in our state court system. 1 Beginning at statehood, Washington law officially excluded women, Black people, Native Americans, and others from full participation in the courts. For example, we excluded these groups from jury service and often refused to provide a legal remedy for harms that particularly affect women, such as rape. Even after official, legally sanctioned exclusion ended, it remained the rule in practice. And bias remained especially apparent for Black, Indigenous, and other women of color. In 1989, Washington ’ s predecessor to the Gender and Justice Commission conducted a study of the historical exclusion and devaluation of women in Washington courts, the first study of this kind in the nation. The Washington Legislature funded the 1989 study, which focused on “ gendered ” areas of the law, concluded that the courts were biased against women, and made recommendations for change. The Washington Supreme Court established a permanent Gender and Justice Commission to continue this important work. More than 30 years later, the Gender and Justice Commission began a follow - up study. This time, we focused on multiple topics related to Washington courts, such as access to the courts, navigating the court system, user fees, legal financial obligations, bail, trials, and sentencings, all of which can have different impacts depending on a person ’ s gender. Ours was one of the first such follow - up studies in the nation. We benefitted from the work of hundreds of lawyers, judges, law students, social scientists, and community groups, and we came to terms with critical review by experts from multiple disciplines and all branches of government. First, the data shows that there have been several major changes for the better over the last 30 years. The Washington Legislature has changed laws concerning domestic violence, commercial sexual exploitation, and marriage dissolutions; the people have changed the law on marriage equality; prosecutors ’ offices have changed their approach to domestic violence and sexual assault; judicial education on gender and race bias has dramatically increased, and rules for lawyers and judges about treating women and other populations with respect have been adopted; and the diversity of the bench has grown. But other gender - based disparities remain or have increased. And these gender disparities have their harshest impacts on Black, Indigenous, and other people of color, as well as members of the LGBTQ+ community. There were several findings that are unsurprising. Overall, the data shows that gender still affects justice system outcomes. And in general, in Washington, Black, Indigenous, and other women of color suffered more from unequal treatment and outcomes than did white women. For example: • The costs of accessing Washington courts—such as user fees, childcare, and lawyers— create barriers. This has the greatest impact on single mothers; Black, Indigenous, and other women of color; LGBTQ+ people; and those with disabilities. _________________________________________________
1 This summary of key findings is adapted from the introduction to the study written by Justice Gordon McCloud and Dr. Raigrodski.
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