Senate Democrats Hold Public Hearing
on Judicial Diversity
December
4, 2006
Judicial and legal experts offered testimony today
at a public hearing on judicial diversity – the first in a series of hearings
called for by Senate Democratic Leader-elect Malcolm A. Smith. State Senators
Neil Breslin (D-Albany) and John Sampson (D-Brooklyn) served as co-chairs.
Smith’s first
public hearing featured testimony from a varied group of experts, including
judges, attorneys, legal scholars, good government groups, law enforcement
officials, political party leaders, civil rights organizations and judicial
reform advocates.
Among those
offering testimony were: The Honorable Ann Pfau, First Deputy Chief
Administrative Assistant of the New York State Office of Court Administration;
former State Sen. John R. Dunne, vice-chair of the Committee for Modern Courts;
John E. Higgins, Capital District Black and Hispanic Bar Association President,
Kathryn Grant-Madigan, president-elect of the New York State Bar Association;
and Albany Law School Professor and criminal defense attorney Laurie Shanks.
Senator Smith, who
currently serves as the Ranking Democrat on the Judiciary Committee, noted that
the State’s judicial system “does not adequately reflect the gender, ethnic
and geographic diversity of our state.” He said a “broad and diverse
judiciary would enhance public confidence in our justice system.”
Breslin, who serves
with Smith on the Senate’s Judiciary Committee, pointed out that the State’s
55 Appellate Court judges include only nine women, two African Americans and two
Hispanic members. The State’s
highest Court, he said, also lacks diversity. “The seven judges on the Court
of Appeals include just one Hispanic member and no African Americans,” Breslin
said. “Our judiciary can only benefit from a diverse and varied viewpoint,”
Breslin said. “It should not be dominated by any one ethnic, gender or racial
group.”
Sampson, who is
also on the Judiciary Committee, said Governor Pataki never, during his 12 years
in office, nominated a minority to the Court of Appeals.
“And unfortunately, his record for lower court appointments is just as
disappointing,” he said. “Only a
handful of the 305 judges he appointed since taking office were minorities,
including four women. Governor
Pataki consistently appointed white male judges from upstate
New York
to downstate mid-level appeals courts, far more aggressively than any other
governor since the court’s creation in 1896.”
Several
participants noted that Governor-elect Spitzer would have an opportunity to
appoint three judges to the Court of Appeals within his first 18 months in
office. However, a lack of diversity on the lower courts already reduces the
pool of experienced minority judges from which appointments to the higher court
are made.
“An important
aspect of these hearings is to discuss not just the Court of Appeals, but our
entire State Judicial Branch, including the Appellate Division, which is really
the ‘back bench’ for selection to the highest Court,” Smith continued.
“We should have a diverse back bench for the top bench.”
Laurie Shanks, a
professor at
Albany
Law
School
and partner at the law firm of Kindlon and Shanks, said "A judiciary that
does not reflect those who come before it risks losing credibility. A society
committed to the rule of law must insure that each individual in that society
accepts and believes in the credibility of those who will interpret and enforce
the laws. Equally important, each member of society must believe that the
interpretation and enforcement is done in a manner that is fair to all. Such a
belief is difficult, if not impossible, when the judiciary does not reflect the
racial, gender and ethnic diversity of the society."
Another expert
offering testimony, former State Senator John Dunne, who is vice-chair of the
Committee for Modern Courts, said it is the Committee’s “long held view that
a judiciary which reflects the broad diversity of the state enhances public
confidence in the administration of justice."
Albany City Court
Judge Helena Heath-Roland, who is also a member of the Women's Bar Association
of the State of
New York
(WBASNY), said “WBASNY’s mission is to advance the status of women in the
legal profession and society, and to promote the fair and equal administration
of justice. We believe that diversity on the bench gives credibility to
the notion of, and is an essential element for,
ensuring credibility, equality and fairness in our
judicial system. In order to promote diversity on the
bench our Association has, on both the statewide
level and through its local chapters, taken an active role in
developing programs specifically designed to advance many
qualified women to the bench.”
Kathryn Grant
Madigan, president-elect of The New York State Bar Association, said
“Increasing the number of minorities on the bench would cultivate public
confidence in the judiciary which, in turn, would strengthen the independence of
the courts. Moreover, a diverse judiciary would result in judicial
decisions that reflect insight and experience as varied as
New York
’s citizenry. For the public to have trust and confidence in the fairness of
the judiciary, it is imperative that the members of the judiciary reflect
New York
State
’s diverse population.”
Fifteen years ago,
Governor Mario Cuomo created the Task Force on Minority Representation on the
Bench (a/k/a the “Task Force on Judicial Diversity”) which found that there
was clear evidence of an extreme lack of diversity in the state’s judiciary,
and further found there was no shortage of well-qualified minority and women
candidates to explain the lack of diversity.
According to 2001
figures published by the American Bar Association’s Standing Committee on
Judicial Independence, only 84 (or 14.6 percent) minority judges out of 574
authorized state-court judges in
New York
sat on the bench in trial and appellate courts in the state. Of these, 54 (or
9.4 percent) were African-American, 24 (4.2 percent) were Latina/o, 6 (1
percent) were Asian or Pacific Islanders, and none was Native American.
Although these
figures represent a slight improvement over the statistics reported by the Cuomo
Task Force, the percentages of African American, Latino, Asian and Native
American judges in the state have not kept pace with increases in the state’s
minority populations.
Smith, who will
become leader of the Senate Democrats on January 1, will use the testimony of
the experts to create a “Blueprint for Judicial Diversity” that could help
develop a State Judiciary “that truly reflects the people it serves and
protects.” He said he would
convene public hearings in the coming months to gather testimony from advocates
and experts.
***MEDIA
ALERT***
Statement released by
Incoming
State
Senate Democratic Leader Malcolm A. Smith:
“I am very disturbed about the recent
shootings in
Jamaica
,
Queens
which resulted in the death of Sean Bell. My sincerest sympathy goes out to the
victims’ family as well as his fiancée. I spoken with Mayor Michael Bloomberg
and he has ensured me that a full investigation will be taken on the matter. I
have also been in contact with Senator- Elect Eric Adams, President of 100
Blacks in Law Enforcement and he has also expressed concerns. I will consult
with the family, Queens District Attorney District Attorney Richard Brown and
the Mayor and hold a press avail following a meeting that will be held on
Monday.”
BIOGRAPHY
Mr.
Malcolm Smith, 43, earned his degree from Fordham University in Business
Administration with a concentration in Economics. Senator Smith furthered his
education with graduate work in economics and Public Finance at Fordham and NYU.
A real estate developer by trade, Senator Smith is no stranger to
politics. While the State Senate is Malcolm Smith's first elective office, he
has been a senior aide to former Congressman Floyd Flake -- and a Chief Aide to
City Council Member Archie Spigner. Senator Smith is also a former executive in
the New York City Mayor's Office of Economic Development and has served
as the President of the Neighborhood Housing Services of Jamaica, in Southeast
Queens. In addition, he created the Southeast Queens Housing Development
Corporation, a not-for-profit corporation designed to purchase, rehabilitate and
sell city and HUD owned property. Senator Smith is currently the President and
Founder of Smith Development Corporation.
Throughout his public service, Senator
Smith has used his skill at managing and developing residential and commercial
projects to benefit the city and its residents. His accomplishments are notable
and he is credited with creating several initiatives centered on revitalizing
communities and bringing economic development opportunities to residents of the
City. His creation of Operation Excellence, a training program for students in
real estate development, was a feature story in local television news. As the
founder of Smith Development Corporation, Senator Smith has pioneered the
renaissance of many neighborhoods in New York City.
Because of his efforts, Senator Smith was
recently honored with the Community Economic Development Award from the New York
State Association of Black and Puerto Rican Legislators.
Senator Smith, brings expertise in community revitalization and housing
issues, and is interested in equally important matters like health care,
education, and economic development. Senator Smith is married to the former
Michele Lisby. They are the parents of two children; Julian, 15 and
Amanda, 6.
Standing Committee Assignments 2000:
Veterans & Military Affairs (Ranking Minority); Alcoholism & Drug Abuse;
Cities; Civil Service & Pensions; Environmental Conservation; Judiciary;
Racing, Gaming & Wagering.
To post your comments
on the discussion board click on the notepad. 
TOP OF
PAGE
