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2011 League of California Cities Annual Conference City Attorneys’ Department Track
MCLE: Elimination of Bias
Friday, September 23, 2011 General Session; 1:30 – 2:30 p.m.
Ruthe Catolico Ashley, President/Founder, Diversity Matters
2011 League of California Cities Annual Conference City Attorneys' Department Track
Ruthe Catolico Ashley, Esq.State Bar of California Council on Access and Fairness
Goal III“To promote the full and equal participation in the legal profession by minorities, women and persons with disabilities.”
2004 Long Term Strategic PlanValues Statement:
The State Bar of California believes in:Diversity and Broad Participation in Bar Membership and Leadership.
Goals and Strategies5.1 Diversity of Bar Membership. Encourage individuals of diverse populations to seek and qualify for admission to the practice of law in California, and, once admitted, to remain in active practice.
Public trust and confidence in the judicial system
Appearance of fairness and equity in the courts
(See Judicial Council Survey on Public Confidence
www.courtinfo.ca.gov/reference/4_37pubtrust.htm)
TOP 100 LAW FIRMS MANAGING PARTNERSTOP FORTUNE 500 CORPORATIONS GENERAL
COUNSEL 4 committees:
1. Talent Development2. Partnerships3. Benchmarks4. Pipeline
http://www.leadershipcouncilonlegaldiversity.org/committees.html
Accounting for: 100% judges and approximately:
• 58% U.S. Senators• 37% U.S. Representatives• 40% Governors• 20% State Legislators• 50% of our Presidents• 11% major CEOs
RACE/ETHNICITY
CALIFORNIA POPULATION
2004
CA ABALAW SCHOOL ENROLLMENT
2007
CA ABA LAW SCHOOL GRADS2007
CA BAR PASSAGE 7/2007
Caucasian 44.6% 54.5% 55.8% 66%
African American 6% 4.1% 3.9% 2.1%
Latino 35% 8.4% 8.5% 7.4%
Asian/Pacific Islander 12% 17% 17.6% 18%
CATEGORIES2001
Survey2009
Survey2004 CA
Population
Active Bar Members 148,000 154,500
Race/Ethnic Minorities
African American 2.4% 1.7% 6%
Latino/Hispanic 3.7% 3.8% 35%
Asian/Pacific Islander 6.0% 5.3% 12%
Other/Mixed 4.9% 4.8%% 3%
TOTAL 17.0%` 15.6% 56%
Women 32% 34% 50.2%
LGBT 2.4% 5.2% 2.1%
Disabilities 4.0% No data 17.4%
State Bar of CaliforniaDemographics
Race/Ethnicity
State Bar 2001
California 2000
State Bar2006
California2004
African American
2.4% 6.7% 1.7% 6.0%
Asian Pacific Islander
6.0% 11.2% 5.3% 12.0%
Hispanic/Latino
3.7% 32.4% 3.8% 35.0%
Other Minority
4.0% 3.0% 4.8% 3.6%
Total Minorities
17% 53.3% 15.6% 43.4 %
Caucasian 83% 46.7% 84.4% 46.7%
WOMEN IN THE PROFESSIONState Bar of California
Demographics1991 tp 2001
1991State Bar
Data
1990 CACensus
2001State Bar
Data
2000CA
Census
2006 State Bar
Data
26.0% 49.9% 32.0% 50.2% 34.0%
State Bar1991
California1991
State Bar2006
California2001
3.0% **** 5.2% 2.1%
LGBT IN THE PROFESSIONState Bar of California
Demographics1991 to 2001
DISABILITY IN THE PROFESSIONState Bar of California
Demographics 1991 to 2001
State Bar 1991 Data
California 1990 Census
State Bar 2001 Data
California 2000 Census
6.0% *** 4.0% 17.4%
State Bar of CaliforniaDemographics 1991 to 2001
State Bar 1991
California1991
State Bar2001
California2001
State Bar 2006
14.0% 18.0% 24.0% 21.3% 35.0%
MinorityAfrican
American
Asian Pacific
Islander
Hispanic/ Latino
Statewide Population 56.6% 6.7% 11.2% 32.4%
Partners
MinorityAfrican
American
Asian Pacific
Islander
Hispanic/ Latino
California 4.04% 1.38% 1.31% 1.2%
Associates
MinorityAfrican
American
Asian Pacific
Islander
Hispanic/ Latino
California 14.63% 4.07% 7.01% 2.96%
Merriam-Webster: noun - “a particular tendency or inclination, esp. one that prevents unprejudiced consideration of a question; prejudice.”
“You got some 'splainin' to do!” – Latina
“My name is not ‘Hey Sweetie’” – Woman
“Too sweet, need to toughen up!” vs “Too manly” – Woman
“He’s too aggressive” vs “He’s a go-getter” –Minority male
“People have assumed I’m staff rather than an attorney.” Minority male
“Some people seemed concerned that we are going to show up to work one day dressed in drag or leather.” —Gay man
“I sometimes have to fend off stereotypes of lesbian women as all butch and muscular and ungainly—I'm none of these.” —Lesbian woman
“[A negative thing about working here is] hearing ‘that's so gay’ and ‘what a fag’ from young co-workers.” —Bisexual, transgender woman
“Some attorneys will make references to my culture in an effort to appear ‘hip’ or use slang, but they just reveal their prejudices.” - Indian woman
“We have to be twice as good just to measure up.” -- Minority
Compiled by the State Bar of CaliforniaCOUNCIL ON ACCESS AND FAIRNESS JUDICIARY COMMITTEE
Total 7 Seats 57.1% Ethnic Diversity (4 seats)
(as of December 31, 2010)
African American
Asian Pacific Islander
Hispanic/ Latino
Female Male Female Male Female Male
0 0 2 1 0 1
Total 104 Seats11.5% Ethnic Diversity (12 seats)
(as of December 31, 2010)
African American
Asian Pacific Islander
Hispanic/ Latino
Female Male Female Male Female Male
2 3 1 2 2 2
Total 1588 Seats19.8% Ethnic Diversity (316 seats)
(as of December 31, 2010)
AfricanAmerican
Asian Pacific Islander
Hispanic/ Latino
Female Male Female Male Female Male
45 45 31 61 37 97
Total 1699 Seats19.5% Ethnic Diversity (332 seats)
African American
Asian Pacific Islander
Hispanic/ Latino
Female Male Female Male Female Male
36 51 28 49 25 87
Passed the Bar between 1979 and 1988)
Women AfricanAmerican
Asian Pacific
Islander
Latino/Hispanic
Other Minority
47,767 4,050 7,082 5,845 4,222
Court Female Male Total
Supreme Court
N %
4 57.1%
N %
3 42,9%
N %
7 100%
Court of Appeal 34 32.7% 70 67.3% 104 100%
Trial Court 486 30.6% 1,102 69.4% 1,588 100%
TOTAL 523 30.8% 1,176 69.2% 1,699 100%
FEMALE MALE TOTAL
N % N % N %
2 20.0% 8 80.0% 10 100%
American Indian
Asian Pacific
Islander
Black or African
American
Hispanicor Latino
InformationNot
Provided Total
0 0 0 0 1 10
101
9084
32
161169
148
64
0
20
40
60
80
100
120
140
160
180
Apps Rec'd Forwarded to JNE Rated Qualified Appointed
Women
Men
By 4th grade can identify achievement gap
Gap increases steadily
29% public school students read below basic by 8th grade
For minorities higher percent
Source: EdTrust data
Test scores worsen through 12 years of education
Worse for minorities
More drop out
Fewer graduate
Source: NYT/ USDOE/ Education Trust
African American & Latino 17 year-olds read and do math at same levels as white 13 year-olds
The fastest growing population groups are the poorest educated and poorest served
Source: Education Trust Data Presentations
Kent Lollis, LSAC Presentation
Insufficient rigor Insufficient academic success Insufficient relationships Including insufficient High Quality Teachers
Low expectations Insufficient knowing adults
Low aspirations Limited access (info and $)
Source: Education Trust, Unnamed school district in California, 2002-03 school year.
Leading the charge to change the face of the legal profession
I. Commitment – Going Beyond Talka. Whob. Whatc. Howd. When
II. Creating the Structure -Walking the Walka. Workplaceb. Workforcec. Marketplace
Partnership between the State Bar of California and the California Department of Education.
Created by State Legislature in 1986 (Education Code Section 54690-54697).
Statute requires that 50% entering Academy students must be “at risk.”
Also requires that high schools must have at least 350 students.
Requirements result in a student population that is highly diverse.
COUNTIES:
El Dorado HS, San DiegoCrawford HS, OrangeWilson HS, Los AngelesDeAnza HS, Contra CostaFlorin HS, SacramentoMcClatchy HS, Sacramento
Santa ClaraSan Francisco
Regional teams and Advisory Councils Involved in teams are: Judges and Justices Managing Partners Law School Deans General Counsels Bar Executives and Bar Presidents District Attorneys Public Defenders Public Policy Leaders School Superintendents and board members
Role ModelsMentors Co-Teachers Internships Project-based Learning Mock trials Street law Court room tours Law firm shadowing CSI activities
Strategic Plan Leadership Plan
Law firm demographic profileAffinity groupsCustomer service environment
Individual responsibility for leadership Law firm leadership commitmentRecruitmentAdvancementRetention Specific Diversity Programs & Projects Mentoring Professional development Business development
Clients Professional collaborationsCommunity outreach Sharing the passion & commitment Building the future of the profession
CREATING A DIVERSE AND INCLUSIVE
WORK ENVIRONMENT
1. Develop and communicate the business case for diversity.
2. Have senior partners or top managers take the lead.
3. Establish accountability.
4. Dispel myths & stereotypes through diversity training.
5. Develop mechanisms for effective mentoring and networking programs and/or develop affinity networks.
6. Expand recruitment beyond box criteria in both new and lateral hires.
7. Promote work-life balance.
8. Create and enforce diversity, inclusion & tolerance policies and programs.
9. Support diversity activities inside and outside of the organization.
10. Give billable hour credit for diversity-related work.
DIVERSITY: is each one’s individual responsibility begins in the heart and is acted on by the head requires a team requires leadership every team member is a leader leaders effect change change starts TODAY…
…the NEXT STEPS ARE UP TO YOU….
It's a world of laughterA world of tears,It's a world of hopesAnd a world of fears,There's so much that
we share,That it's time we're
aware,It's a small world after
all.
“Never doubt that a small group of thoughtful committed individuals can change the world. Indeed, it is the only thing that ever has.”
- Margaret Mead
[email protected](916) 838-5457
