'Work to Be Done': High Courts in NJ and Beyond Speak on Social Justice
"Although we cannot comment on specific cases, it is clear that racial disparities still exist in the justice system, from children of color in our foster care system who wait longer to be placed in permanent homes to the disproportionate incarceration of black men and women in our jails and prisons."
June 08, 2020 at 05:06 PM
7 minute read
Supreme courts in various states—often reluctant to speak publicly in forms other than written decisions, or on topics other than court administration or general notions of justice—have moved into the national dialogue surrounding George Floyd's death, including in New Jersey, where the high court acknowledges there is "work to be done."
A statement recently released by the New Jersey Supreme Court notes "painful times for our country that continue a painful history of injustice for African Americans," and the necessity to "answer the challenge of ensuring that all men and women, especially people of color, are offered the same opportunity and treatment by the court system."
"Justice and fairness lie at the heart of our legal system. And those standards must apply equally to all. Wherever it exists in the criminal justice system, we must identify and root out bias in all forms. The courts must be a place where court users, attorneys, and court employees can all expect to be treated with fairness, dignity, and respect, regardless of their race or background," said the statement, bearing the names of Chief Justice Stuart Rabner; Associate Justices Jaynee LaVecchia, Barry Albin, Anne M. Patterson, Faustino J. Fernandez-Vina, Lee Solomon and Walter F. Timpone; and Judge Glenn A. Grant, acting administrative director of the courts.
Reform measures, such as in the state's municipal courts, are "laudable efforts, but there is more work to be done," the statement continued. "Although we cannot comment on specific cases, it is clear that racial disparities still exist in the justice system, from children of color in our foster care system who wait longer to be placed in permanent homes to the disproportionate incarceration of black men and women in our jails and prisons."
The statement also vows further efforts for the judiciary internally, especially in the diversity and inclusion realm.
Floyd, who was black, died in police custody on May 25 in Minneapolis. He was handcuffed and lying on the ground while police officer Derek Chauvin knelt on Floyd's neck for more than eight minutes, as Floyd called for help. Chauvin and other officers on the scene have been criminally charged.
The New Jersey court's statement followed one from Washington state that has been heralded as a remarkable public statement by a court. The June 4 open letter, cosigned by the Washington Supreme Court's nine justices, addressed the "painful fact that is, for too many of our citizens, common knowledge: the injustices faced by black Americans are not relics of the past[.]"
Chief Justice Debra Stephens and Justices Charles Johnson, Barbara Madsen, Susan Owens, Steven González, Sheryl Gordon McCloud, Mary Yu, Raquel Montoya-Lewis and G. Helen Whitener said "the legal community must recognize that we all bear responsibility for this on-going injustice, and that we are capable of taking steps to address it, if only we have the courage and the will."
The letter continued: "As judges, we must recognize the role we have played in devaluing black lives. This very court once held that a cemetery could lawfully deny grieving black parents the right to bury their infant. We cannot undo this wrong—but we can recognize our ability to do better in the future. We can develop a greater awareness of our own conscious and unconscious biases in order to make just decisions in individual cases, and we can administer justice and support court rules in a way that brings greater racial justice to our system as a whole."
Predating the Washington court's letter, though, was a letter from the Massachusetts Supreme Judicial Court saying that "by too many, black lives are not treated with the dignity and respect accorded to white lives. As judges and as lawyers, we are both saddened and angry at the confluence of recent events that have revealed how much more we need to do to create a just, fair, and peaceful society.
But we must do more than express our feelings of sadness and anger," the June 3 letter added, calling on judges to "look afresh at what we are doing, or failing to do, to root out any conscious and unconscious bias in our courtrooms; to ensure that the justice provided to African-Americans is the same that is provided to white Americans; to create in our courtrooms, our corner of the world, a place where all are truly equal," and calling on lawyers to "look at what we are doing, or failing to do, to provide legal assistance to those who cannot afford it; to diminish the economic and environmental inequalities arising from race; and to ensure that our law offices not only hire attorneys of color but also truly welcome them into the legal community."
The Georgia Supreme Court followed the example on June 5. Chief Justice Harold Melton said in a statement: "The prominence and horror of the George Floyd murder does point to continued divisiveness. But, at the same time, it also points to unparalleled unity as exhibited by unprecedented numbers of people of all ages, races, and walks of life who are: (1) expressing outrage at the continued unnecessary violence by some police officers against African Americans; and (2) asking 'What can we do to make things better going forward?'
"We are grieving right now," continued Melton. "And that is proper and healthy. I don't know if we have ever grieved like this before. But by grieving together, coming together, and supporting one another through all of this, I know that we will come out of this better than we were before. And for that I am encouraged."
According to reports, at least one other state Supreme Court has added its voice. The Alaska Supreme Court's June 5 statement said that "too often African-Americans, Alaska Natives, and other people of color are not treated with the same dignity and respect as white members of our communities. And we recognize that as community members, lawyers, and especially as judicial officers, we must do more to change this reality."
And on Monday, California Chief Justice Tani Cantil-Sakauye added her voice, saying Monday she is "deeply disturbed" by the "action and inaction" that led to his death and others."
"Justice is the first need addressed by the people in the preamble of our nation's Constitution," Cantil-Sakauye wrote in a statement. "As public servants, judicial officers swear an oath to protect and defend the constitution.
"We must continue to remove barriers to access and fairness—to address conscious and unconscious bias, and yes, racism. All of us, regardless of gender, race, creed, color, sexual orientation or identity, deserve justice," she continued.
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