|
Minority
Bars Upset Over List of Judge VettersThe
RecorderBy Kate MoserJanuary 20, 2010SAN FRANCISCO — Anticipating a surge of upcoming judicial appointments, the
Santa Clara County Bar Association recently added to its committee that vets judicial hopefuls — a move that has turned
acrimonious over the committee's racial and ethnic makeup.A coalition of minority bar associations released a statement Tuesday condemning the lack of diversity on the bar
association's Judiciary Committee and urging attendance at a demonstration planned for tonight's installation event at the
bar association office, when officers and committee chairs will be inducted.The coalition says the judiciary should more closely mirror the county's ethnic and racial diversity,
so the people vetting those candidates should also better reflect the population. Specifically, they complain that the committee
now includes only one Latino lawyer, one African-American lawyer and no Vietnamese-American lawyers. The committee had a Vietnamese-American
lawyer on it for the past five years, but his five-year term expired. "This doesn't need to be a contentious issue," said Micael Estremera of the La Raza Lawyers
Association, a Santa Clara public defender. "In our view, this is an opportunity to do the right thing and live up to
the goals that we all purport to believe in."The
bar association, meanwhile, says the committee is diverse, and that about half of its 31 attorneys are racial and ethnic minorities."It's disingenuous to say there are not enough minorities
on the committee," said bar association President Mark Shem, a partner at Borton Petrini. "It's certain groups wanting
their members on the committee."After the 2010
committee application deadline, representatives from four minority bar associations asked that at least three more lawyers
from minority groups be appointed, Shem said. He added that he sent the request on to the association's executive committee.In a meeting last week with coalition members, the executive
committee decided not to add members to the judiciary committee."It felt to us as if the county bar was telling us, 'Other folks can represent you — you don't need a
voice,'" said Quyen Ta, president of the Vietnamese American Bar Association of Northern California.In a press release last week touting the diversity of its 2010 judiciary committee,
the bar's executive director and general counsel, Christine Burdick, said "this year we doubled the number of minorities
on the judiciary committee over any other prior year."The minority coalition could have done more outreach to make sure more qualified minority candidates applied for
the committee spots, acknowledged David Epps, of the Black Lawyers Association. But, he added, once they learned who was on
the committee, they sought to add members to make it more representative and were met with resistance."We've tried to work with them," Estremera said. "If they wanted
to call in a mediator, we could do that."But
the bar association is standing firm."They're
politicizing the committee," Shem said. "We can't allow the politicization of the judiciary committee." ____________________________________ Law School Admissions Lag Among Minorities
o By TAMAR LEWINPublished: January 6, 2010 New York TimesWhile law
schools added about 3,000 seats for first-year students from 1993 to 2008, both the percentage and the number of black and
Mexican-American law students declined in that period, according to a study by a Columbia Law School professor. What makes the declines particularly troubling, said the professor, Conrad Johnson,
is that in that same period, both groups improved their college grade-point averages and their scores on the Law School Admission
Test, or L.S.A.T.“Even though their scores and grades are
improving, and are very close to those of white applicants, African-Americans and Mexican-Americans are increasingly being
shut out of law schools,” said Mr. Johnson, who oversees the Lawyering in the Digital Age Clinic at Columbia, which
collaborated with the Society of American Law Teachers to examine minority enrollment rates at American law schools. However, Hispanics other than Mexicans and Puerto Ricans made slight gains in
law school enrollment.The number of black and Mexican-American
students applying to law school has been relatively constant, or growing slightly, for two decades. But from 2003 to 2008,
61 percent of black applicants and 46 percent of Mexican-American applicants were denied acceptance at all of the law schools
to which they applied, compared with 34 percent of white applicants. “What’s
happening, as the American population becomes more diverse, is that the lawyer corps and judges are remaining predominantly
white,” said John Nussbaumer, associate dean of Thomas M. Cooley Law School’s campus in Auburn Hills, Mich., which
enrolls an unusually high percentage of African-American students. Mr.
Nussbaumer, who has been looking at the same minority-representation numbers, independently of the Columbia clinic, has become
increasingly concerned about the large percentage of minority applicants shut out of law schools. “A big part of it is that many schools base their admissions criteria not on whether students
have a reasonable chance of success, but how those L.S.A.T. numbers are going to affect their rankings in the U.S. News &
World Report,” Mr. Nussbaumer said. “Deans get fired if the rankings drop, so they set their L.S.A.T. requirements
very high.“We’re living proof that it doesn’t
have to be that way, that those students with the slightly lower L.S.A.T. scores can graduate, pass the bar and be terrific
lawyers.”Margaret Martin Barry, co-president of the Society
of American Law Teachers, said that while she understood the importance of rankings, law schools must address the issue of
diversity. “If you’re so concerned with rankings, you’re going to lose a whole generation,” she said.The Columbia study found that among the 46,500 law school matriculants in the
fall of 2008, there were 3,392 African-Americans, or 7.3 percent, and 673 Mexican-Americans, or 1.4 percent. Among the 43,520
matriculants in 1993, there were 3,432 African-Americans, or 7.9 percent, and 710 Mexican-Americans, or 1.6 percent. The study,
whose findings are detailed at the Web site A Disturbing Trend in Law School Diversity, relied on the admission council’s minority categories, which track Mexican-Americans separately from Puerto Ricans
and Hispanic/Latino students. “We focused on the two groups,
African-Americans and Mexican-Americans, who did not make progress in law school representation during the period,”
Mr. Johnson said. “The Hispanic/Latino group did increase, from 3.1 percent of the matriculants in 1993, to 5.1 percent
in 2008.” Mr. Johnson said he did not have a good explanation
for the disparity, particularly since the 2008 LSAT scores among Mexican-Americans were, on average, one point higher than
those of the Hispanics, and one point lower in 1993. Over all,
Mr. Johnson said, it is puzzling that minority enrollment in law schools has fallen, even since the United States Supreme Court ruled in 2003, in Grutter v. Bollinger, that race can be taken into account in law school admissions because the diversity of the student body is a compelling state
interest. “Someone told me that things had actually gotten
worse since the Grutter decision, and that’s what got us started looking at this,” Mr. Johnson said. “Many
people are not aware of the numbers, even among those interested in diversity issues. For many African-American and Mexican-American
students, law school is an elusive goal.”
|
