Diversity matters not only on the bench, but in government offices. The ability of different communities, particularly historically-marginalized communities, to trust in our institutions of justice is enhanced when members of these communities serve in these institutions. Yet, in most jurisdictions, judges and government lawyers do not reflect the diversity of the communities they serve.
- A recent study by the Brennan Center for Justice noted that “ [i]n 22 states, no justices publicly identify as a person of color, including in 11 states where people of color make up at least 20 percent of the population.” Twelve states have only one female justice on their high courts. [Brennan Center for Justice, State Supreme Court Diversity - April 2021 Update (April 2021)]
- A 2015 study showed that 95% of elected prosecutors were white and 83% of elected prosecutors were men. A 2019 follow-up study showed that elected prosecutors remained 95% white, although the percentage of women prosecutors had climbed from 17% to 24%. [Tipping the Scales: Challengers Take on the Old Boys Club of Elected Prosecutors, Reflective Democracy Campaign (October 2019)]
- In June 2020, a reporter researched diversity among U.S. Attorneys, identifying only “7 of 93 US attorneys [as] BIPOC14, including two Black US attorneys[.]” Similarly only 7 of the 93 US Attorneys were women. “They obtained Justice Department data showing “13% of all employees in US attorney offices nationwide are black and 70% are white[.]” The data also showed “58% of US attorney office employees are women.” [Zoe Tillman, There are 93 US Attorneys. Seven are women and only two are Black, BuzzFeed News (June 28, 2020)]
For this reason, the Working Group introduced a policy urging jurisdictions to collect demographic data, including but not limited to race, ethnicity, disability, gender identity, and sexual orientation, from judges and attorneys in courts and governmental law offices. The policy, which also urges the use of best practices in demographic data collection, was passed by the ABA House of Delegates in August 2021.
ABA Resources on Diversity in the Legal Profession:
- ABA 2021 Profile on the Legal Profession
- Resolution 06A113.
- ABA Model Diversity Survey and Report
- ABA Center on Diversity and Inclusion
More Resources of Diversity Data:
- Brennan Center for Justice, State Supreme Court Diversity - April 2021 Update (April 2021)
- Lambda Legal and the American Constitutional Society for Law and Policy, Diversity Counts: Why States Should Measure the Diversity of Their Judges and How They Can Do It, (2017)
- NALP, Courting Clerkships: The NALP Judicial Clerkship Study (October 2000)