SEATTLE - Judges in Washington state courts are disproportionately white and male, according to a study from the American Constitution Society for Law and Policy. White males are 34 percent of Washington's population, but they make up an overwhelming majority of state judges, at 56 percent.
Tracey George, professor of law at Vanderbilt University and co-author of the The Gavel Gap study, said state courts decide 90 percent of the nation's cases, so it's important that the judges in those cases represent the people they make decisions for.
"Any group of people, when they decide cases, they're always going to be effected by their experiences," she said. "It affects how we see disputes. It affects how we understand facts. So, we want judges to have the range of backgrounds and attributes that bear on the kinds of cases they hear."
The study found while men and women of color make up 16 and 15 percent of the state's population, they were represented by only six and four percent of state judges, respectively. The study authors give Washington a "D" grade for the large gap in representation.
In terms of women on the bench, they've made greater strides in the Northwest than in other parts of the country. White women are represented at rates similar to state demographics. But despite the fact that women are graduating from law schools at the same rate as men, Liz Berry, the executive director of the Washington State Association for Justice said women are not practicing law as often.
"We're not seeing them going into the law profession," she said. "They're using their law degrees for other things, like working in nonprofit sectors or working in social work, and just different jobs that aren't necessarily legal jobs."
Berry said it's important to tell women early about law-practicing professions. During a recent talk at the University of Washington law school, she said many women told her they hadn't thought about that option.
"I was speaking to them about plaintiff side of law, and they came up to me after and they said, 'Oh, that was so fascinating, I didn't really know that that side of law existed,'" she said. "Because a lot of the corporate firms are coming in, talking to them, and a lot of government agencies were coming in talking about joining government."
Nationally, women of all races are 51 percent of the population, but only 30 percent of state judges. And 38 percent of Americans are people of color, but make up just 20 percent of state benches.
The full study can be read online here.
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Tennessee's justice system may be getting a makeover, as a forum on Thursday will cover new ideas to modernize it.
The Sycamore Institute event will focus on using data-driven approaches, increased funding and policy changes.
Brian Straessle, executive director of the institute, said they want to provide clarity for people to learn about criminal justice policy in Tennessee. One session, with representatives from the District Attorney General Conference and Administrative Office of the Courts, will discuss criminal justice data reporting in the state.
"Last session in the Legislature, there were a couple of laws passed that required each of those entities to develop some unified case reporting and data reporting tools," Straessle explained. "Because right now, it's hard to get a real good sense of what is happening in the court system across the state of Tennessee."
More than 44,000 people were in state prisons and local jails across Tennessee in 2023. Straessle added the goal of the forum is to provide insights into the approaches groups are taking to implement their plans and identify areas for improvement.
Straessle added the second session will focus on paying for incarceration. He noted during the pandemic, the state saw an increase in crime, which in turn created concern about the capacity of Tennessee prisons.
"The winds have shifted a little bit to more of a 'tough on crime' focus at the state level, and that means, you know, more people behind bars for longer," Straessle pointed out. "There's questions about, what does that mean for Tennessee's jail and prison capacity? And whatever we end up doing, we need to know what that will be and what it's going to cost if we need more capacity."
While pre-pandemic interest in reform was high, rising crime has led to stricter laws. The final session will be a conversation with state lawmakers about public safety and criminal justice policy.
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Researchers have found that higher copays for health care obstruct access to receiving care behind bars, even as prison populations in Mississippi and nationwide face increasing rates of physical and mental health conditions.
One in 10 people with at least one chronic condition in state and federal prisons had not been seen by a clinician since they were incarcerated.
Wanda Bertram, communication strategist for the Prison Policy Initiative, said the copays are often less than $7 but they represent massive barriers to health care.
"If you want to be seen, you have to pay, typically anywhere from $2 to $5, or in the case of Mississippi prisons, $6,," Bertram outlined. "and if you can't pay that, either you can't see the doctor or that becomes a debt that you have to the prison."
The research found medical copays in prisons significantly impede health care access for more than 500,000 people with chronic conditions, from heart or kidney disease, to asthma and hepatitis C.
People in Mississippi prisons are not compensated for the jobs they may have while they are incarcerated, so Bertram pointed out it is up to their families to cover any medical costs. She added some states have dropped their copays for people behind bars. Her group thinks Mississippi should do the same.
"We have been advocating for years for states to abolish these copays," Bertram explained. "And some states are doing this, Nevada, I believe, abolished prison copays, either this year or last year. California has also abolished copays. To force people to pay to see a doctor, you know, causes people to not see doctors when they actually need help."
Bertram added the research revealed alarming gaps in mental health care access for incarcerated individuals. More than one-third of those with diagnosed chronic mental illnesses have not seen any mental health clinicians since entering prison.
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Anyone age 18 or younger accused of violating Illinois law, who has formal charges filed against them, has historically had their case tried in a courtroom but some judges are choosing another option in hopes of keeping young people out of the system.
Courts in Avondale, Englewood, North Lawndale and Sauk Village in Cook County use restorative justice for nonviolent felony or misdemeanor cases for people ages 18-26. They attend court-appointed conferences or "peace circles" with family, friends and community members to encourage accountability.
Elizabeth Clarke, founder and executive director of the Illinois Juvenile Justice Initiative, thinks the restorative justice model should be expanded.
"Cook County should be using it, not just in low-level cases, but in really serious felony cases," Clarke contended.
Victims and survivors of crimes may volunteer to participate in the conferences. This Friday, the Juvenile Justice Initiative will host two restorative justice practitioners with the Youth Justice Agency in Belfast, Northern Ireland, speaking at the Adler Institute on Public Safety and Social Justice in Chicago.
The Cook County Circuit Court website said a "Repair of Harm Agreement" lists what a young offender must complete, from performing community service and writing a reflection letter, to attaining a high school equivalency diploma and finishing a substance abuse program.
Joshua Brooks restorative justice hubs coordinator for the Institute on Public Safety and Social Justice at Adler University, said restorative justice is a practice; a way of life borrowed from Indigenous beliefs.
"It's really based on the principle that we belong to each other, and we need to do right by each other," Brooks explained. "There are just several different principles and values that include relationship building, confidentiality, repairing harm, community building, shared power. And the way that it's practiced is usually through circles."
Brooks argued strengthening relationships with community members and bringing them into a place where they can trust one another is also important. If the young person completes the items on their list, criminal charges are dismissed and the case is expunged.
Chicago Appleseed for Fair Courts data show between 2020 and 2023, 100 people completed a restorative justice program. By March 2023, 94% had their charges dropped or dismissed.
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