The ABA Criminal Justice Section’s Women in Criminal Justice Task Force (TF) continues its groundbreaking work of documenting and addressing challenges in hiring, retention, and promotion of women criminal lawyers. The TF was formed by then-CJS Chair Lucian Dervan in late 2018 to investigate gender-based barriers to hiring, promotion, and retention in criminal law. Over the past three and a half years, the TF engaged in three major phases of qualitative data-gathering: (1) in-person and remote listening sessions between November 2018 and June 2020; (2) follow-up surveys of listening session participants in late 2020; and (3) focus group meetings and surveys in November 2021 regarding proposed solutions.
The TF’s work has appeared in many spaces—law review articles, this magazine, blogs, and podcasts. The Berkeley Journal of Criminal Law (BJCL) published “Toughen Up, Buttercup” versus #TimesUp, which described existing literature and shared the findings of phase one. This magazine published quarterly columns by TF members and listening session participants. The CJS published a report called Pulling Back the Curtain in October 2021. Most recently, the Minnesota Law Review published Sprinting a Marathon, analyzing and describing phases two and three (the results of the survey conducted between late October and early December 2020; the focus groups conducted on November 18, 2021; and the focus group survey administered immediately after the focus groups).
Concluding that hiring, retention, and, particularly, promotion of women in the criminal justice profession continue to be a problem, the 2020 follow-up survey identified the following challenges: (1) limited flexibility with work schedules; (2) insufficient wellness resources; (3) deficient training opportunities, particularly in state and rural criminal law offices; and (4) short supply of meaningful mentorship and transparent policy guidance. Some employers seem receptive to change, but many do not. The title Sprinting a Marathon came from one of the survey respondents who described her 35-year career in criminal law as a constant sprint—implying a pace that is not easily sustainable or replicable. It also aptly describes the TF’s work to attempt to untangle systemic gender-based challenges.
Considering the results of the 2020 survey, the TF designed a short summary of challenges and possible solutions. The TF then created a list of diverse criminal justice leaders from public and private employment, state and federal government, nonprofit organizations, and law schools and invited them to participate in focus groups held in person in the ABA’s Washington, DC, office and online on November 18, 2021. The purpose of the focus groups included pressure-testing proposed solutions and soliciting additional solutions. Those who were invited but unable to attend the focus groups were invited to participate via an online survey. The article summarizes the focus group and survey responses to four key questions. The four questions asked in each of the focus group meetings and in the online survey were:
As described in Sprinting a Marathon, after hearing from the focus group participants, the TF started 2022 with the goal of creating Ten Principles for Gender Equity in Criminal Law Employment, first within the CJS, then the ABA House of Delegates, and then among the larger justice community. The Ten Principles will include a tool kit with animating information, example policies and programs, and other resources for implementation. In the coming months, the TF will work with various ABA Sections and individuals to seek input and support. Stay tuned for our column next quarter to learn more about the Ten Principles.
