OLYMPIA, Wash. - Washington is set to become the first state to tackle racial bias in the jury-selection process.

The new rule, which goes into effect at the end of April, bars attorneys from excluding someone not only for intentional racial bias but also "implicit, institutional and unconscious" bias. The decision gives teeth to a 1986 U.S. Supreme Court ruling, Batson v. Kentucky, which allows lawyers to object if they suspect a person is being ruled out because of his or her race.

Sal Mungia, an attorney who helped draft the new rule alongside ACLU Washington, said the Batson decision has been hard to enforce because lawyers have to prove that the challenge to a potential juror was a racist act.

"So it takes the pressure off of everyone and makes it a very low bar to ensure that, one, we have a more diverse jury panel, and two, that people who in fact show up to do their civic duty don't get excluded from doing that because of the color of their skin," he said.

The state Supreme Court made the decision last week. According to the rule, an objection to a juror's exclusion can be used if a so-called "objective observer" or reasonable person could view race or ethnicity as a factor.

Mungia said trial judges are figuring how to implement this new rule, since it could make the selection process longer. Opponents are concerned the bar could be set too low for objecting to the exclusion of a juror.

ACLU Washington has said that since the 1986 Batson ruling, people still have been excluded from juries for reasons that can be seen as racially biased, including believing that police officers engage in racial profiling, living in a high-crime neighborhood and not being a native English speaker. It also challenged demeanor-based justifications because of its historical use to strike potential jurors of color.

Mungia said it hurts community members when people show up and are excluded from the process without reason.

"That damages the justice system." he said, "and for a person who is one of the parties, especially if you happen to be that same skin color as the two people who have just been excluded from serving on the jury, you can imagine what that person thinks about our justice system."

Mungia said it's important to keep in mind that the selection process isn't about selecting jurors; it's actually about excluding certain people from being on the jury. Mungia said he hopes this rule can serve as a model for other states.

The Washington state Supreme Court rule is online at courts.wa.gov, and a summary of Batson vs. Kentucky is at uscourts.gov.


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A recent report details how great wealth that later made philanthropy possible around the country but most evidently in the District of Columbia, southern Maryland and northern Virginia -- commonly known as the DMV -- came at the expense of the social stability and economic success of Black residents.

Dwayne Proctor, board chair of the National Committee for Responsive Philanthropy, said older foundations likely had the best opportunity to participate in practices that were unfair and unjust to people because of the times they were in, in the social context in which they began.

"I'm hopeful that many folks will look toward their local foundations and want to know more about how they began and if they've done harm and participated in the oppression of others, like it appears to have been the case in the DMV with the foundations that are studied," Proctor said.

Proctor stressed that if readers can connect the overlaps between the social determinants of health and the necessary healing of Black families today, real and transformative conversations about repair can begin.

Katherine Ponce, research manager for special projects for the National Committee for Responsive Philanthropy, said the report tried to model what the state of California has done for its reparations task force, outlining many categories of how Black people have faced disparities in the region and how that starts.

"We talked about anti-Black media and rhetoric, housing discrimination and segregation, unemployment and hidden opportunity, and then health care, both mental and physical. We have eight case studies of foundations in the region, how their money was createdm" Ponce explained.

Ponce added the report should leave people not just knowing that big systems of oppression impact and harm people of color, but should cause people to start taking measurable actions and fix the disparities and make ties from the eight stories to their reality.

A new report finds some Missouri laws and prospective laws are perceived as discriminatory regardless of their actual intent - and it outlines some big, negative economic implications for the state.

When events are scheduled in places with policies that are considered non-inclusive or discriminatory, that place is often assumed to support these initiatives.

Dr. M. Ray Perryman, founder and CEO of The Perryman Group, who conducted the independent analysis, said some potential visitors will choose to go elsewhere rather than support places they think are less open to diversity and equity. He said this avoidance risks millions for the Missouri economy.

"Travel and tourism losses in Missouri and Kansas could total hundreds of millions of dollars per year," he said, "with an associated loss in revenue to the states and local governments."

Measures now under consideration include Senate Bill 1314, which would limit state funding for diversity, equity and inclusion programs, and SB 980, which would prohibit state agencies from doing business with companies unless they'd agree not to be part of economic boycotts. With these types of policies, the Perryman research says, the state would risk losing nearly $2.6 billion in annual income and almost 24,000 jobs by 2030.

Perryman also pointed out that controversial public policies are discouraging to skilled workers seeking long-term employment and young workers as they consider where to begin their careers. He said it also plays a role for organizations in Missouri that are concerned about retaining employees.

"At a time when the U.S. economy is facing major challenges and uncertainty, the competition for quality corporate locations and expansions, as well as skilled workers, is particularly intense," he said, "and anti-DEI measures can be particularly damaging for future prosperity."

The report warns of similar negative financial consequences for the state of Kansas.


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Today, a virtual "Ask Me Anything" program will address some of the pressing issues of asylum-seekers, in Pennsylvania and across the country.

More than 500 people were granted asylum in Pennsylvania in 2022, according to the Office of Homeland Security.

Cathryn Miller-Wilson, executive director of the Hebrew Immigrant Aid Society Pennsylvania, said the forum was inspired by Dr. Martin Luther King Jr.'s commitment to justice and equity for marginalized communities. The program will shed light on the difficulties of the asylum process and advocate for improved asylum policies.

"We, in carrying on his legacy, are putting together this event to provide critical, truthful information about what's going on," Miller-Wilson explained. "And ask for advocacy about improving things, to make things more equitable."

The online event is from 11 a.m. to 1 p.m. ET. Miller-Wilson noted one topic will be the high number of people at the southern U.S. border due to higher levels of global displacement. Recent news reporting indicates the U.S. Border Patrol's ability to effectively handle the influx of migrants is overwhelming its resources.

Miller-Wilson emphasized members of Congress and the White House are considering proposals which could drastically change the asylum system. She pointed to one pending bill, House Resolution 1325, which is intended to help eligible asylum applicants get employment authorization.

"That's another piece of the asylum process that nobody talks about," Miller-Wilson emphasized. "Under our current law, if you are eligible to apply for asylum, you can come into the country, you can apply for asylum, but you are not eligible for work authorization for six months."

Miller-Wilson said her group helps people with incomes below 300% of the Federal Poverty Level with legal and social service needs. She added today's panel includes a client in Philadelphia who received asylum about a year ago, a doctor from the Philadelphia Human Rights Clinic, and a staff attorney for the group.


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