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

Sign up at:

lawacademies@calbar.ca.gov

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

rutheashley@gmail.com(916) 838-5457