SUMMER 2021, Vol. 35, Issue 2

Advancing Justice Like Never Before

Color of Justice Program Celebrating 20 Years Hundreds of Programs, Thousands impacted. Page 3 SUMMER 2021 1

MISSION NAWJ’s mission is to promote the judicial role of protecting the rights of individuals under the rule of law through strong, committed, diverse judicial leadership; fairness and equality in the courts; and equal access to justice. 2 President's Message 26 Advancing Racial Equity Through the UN Sustainable 3 VP of Publications’ Message Development Goals BOARD OF DIRECTORS 4 Executive Director's Message EXECUTIVE COMMITTEE 30 Moments from the Midyear Advancing Racial Equity 5 Committee Spotlight Meeting Through the UN Sustainable PRESIDENT Domestic Violence Committee 35 District News Development Goal Hon. Karen Matson Donohue King County Superior Court, Seattle, Washington 6 Life After the Bench 42 District Directors & Committees PRESIDENT-ELECT 8 ADR as an Alternative to the Courts 43 Sponsors Hon. Elizabeth Allen White (Ret.) Domestic Violence — Superior Court of California, County of Los 9 43 New Members Angeles After Four Decades of Federal Legislation VICE PRESIDENT, DISTRICTS Justice is Like a Tap Dance Hon. Pamela Washington 13 Anchorage District Court, Alaska 15 An Article I Immigration Court — An Idea that is Growing VICE PRESIDENT, PUBLICATIONS Hon. Mimi Tsankov 21 Gender Issues in the Ranks National Association of Immigration Judges Does the Military Really Want Women in Its Ranks? SECRETARY Hon. Karen Sage 24 Global Judicial Leadership 299th District Court of Texas, Travis County NAWJ and IFPSD Day at the UN

TREASURER Hon. Toni Clarke Prince George’s County Circuit Court, Maryland

IMMEDIATE PAST PRESIDENT Hon. Bernadette D’Souza Parish of Orleans Civil District Court, Louisiana COUNTERBALANCE is published by: PROJECTS COMMITTEE CHAIR National Association of Women Judges Hon. Brandy Mueller 1001 Connecticut Avenue, NW, Suite 1138 County Court at Law #6, Austin, Texas Washington, D.C. 20036 Phone: 202 393 0222 FINANCE COMMITTEE CHAIR Fax: 202 393 0125 E-mail: [email protected] Hon. Marcella Holland Web: www.nawj.org Baltimore City Circuit Court, Maryland

STAFF EXECUTIVE DIRECTOR Laurie Hein Denham, CAE OPERATIONS AND TECHNICAL SUPPORT Brian Gorg ©2021 National Association of Women Judges. All rights reserved. MEMBERSHIP COORDINATOR Views and opinions expressed are solely those of the authors and contributors, and do not necessarily represent those of the NAWJ. SUMMER 2021 2 President’s Message

his issue of Counterbalance will arrive as after the country marks the one-year anniversary we emerge from more than a year of the of George Floyd’s death. NAWJ joined the chorus pandemic. What does that mean? It means a of voices speaking out against racial inequality new way of doing business for most courts, and inequity and has continued the conversations law firms, mediators, agencies and other justice necessary to bring about change. We have held three partners. I hope that it also means that you are all able educational sessions on racial inequity, with a fourth to travel this summer and that we can again begin to in the planning stages. I participated in the NJC meet in person. Our districts and committees have Racial Justice Roundtable on February 25th and will been as active as ever, if not more so. Committee participate, with President-Elect Elizabeth White chairs and District Directors attended the midyear in the Conference of Chief Justices and Conference board meeting and reported on the tremendous of State Court Administrators Blueprint for Racial amount of work that they have undertaken this year. Justice. Under the leadership of Commissioner All of you continue to inspire me with your selfless Pennie McLaughlin and Judge Pam Washington, we leadership and commitment. have outlined a mammoth project to gather data and educate our judges and communities about racial We continue to speak out on issues of importance. disparities in the judicial system. We are awaiting Just a few examples: The Women in Prison Committee word on our grant application for this important met earlier this year with the Bureau of Prison initiative. NAWJ continues Director Carvajal and several members of his staff to speak out on issues regarding such topics as deficiencies in health care, The work of NAWJ has continued – and even concerning judicial programming, release preparation and family visits. prospered given the connectivity that technology has introduced - but I miss the ability to host events appointments and NAWJ continues to speak out on issues concerning in person. I believe that is about to change thanks diversity on the bench. judicial appointments and diversity on the bench. to vaccinations and the lessening of restrictions. I The most recent The most recent letter addressing this was sent to look forward to being able to travel to NAWJ events President Joe Biden in March, urging him to nominate as frequently as past presidents have done. At a letter addressing women and judges of diverse backgrounds to the minimum, I’m booking my airline travel to Nashville this was sent to U.S. District Court for Western Washington. NAWJ and hope to see you there. President Joe Biden will continue to advocate for this because we know that judges serving in our courts must reflect the Warm regards, in March, urging him demographics of our society in order to instill trust to nominate women and confidence in our justice system and in order to and judges of diverse strengthen the principle of procedural fairness. Hon. Karen Matson Donohue backgrounds... Several Districts have hosted virtual Color of Justice President programs this year. This August marks the 20th anniversary of the signature program created by Judge Brenda Stith Loftin. The enduring popularity of this program underscores the importance of our message that young women and diverse youth will enhance the legal community, and our nation, with their talents, intelligence and unique perspectives. Many thanks to Judge Loftin for her creativity and vision in creating this incredible program and to those of you who continue her legacy.

This issue of Counterbalance will also arrive just SUMMER 2021 3 Vice President of Publications Message

NAWJ’s Award-Winning Color of Justice Program Two Decades of Success his September, NAWJ will be celebrating So, Judge Loftin set about creating a step-by-step 20 years since its award-winning Color of NAWJ Program Manual, called The Color of Justice Justice program was created. We owe our Program Manual. In it, she mapped out everything thanks to long-time NAWJ member Hon. from the learning objectives to presentation tips. Brenda Stith Loftin who created the program which Judges around the country followed the manual, debuted across the country in St. Louis Missouri, and began holding these successful programs. September 20, 2001. Recently, I asked Judge Loftin She credits the manual with actually leading to how this program came about, and she explained completion of all of her initial three goals. In that “in 2001, then-NAWJ President Noel Kramer addition, in those days, because the judges didn’t called to say she had ‘a few dollars’ left that had not see each other very often in their districts, the yet been spent in a grant from the Jesse Smith Noyes program became a vehicle for them to work together Foundation.” Judge Kramer said she wanted NAWJ on a structured program that was good for the to create a program that judges, the girls, and for the NAWJ. would be targeted toward young girls and which Over time, and building on the program’s success, would introduce them to the some judges wanted to expand it in ways that would We owe our judicial profession. Never better support their communities. What had begun thanks to long- one to avoid a challenge, as a program for girls, expanded to one for boys, Judge Loftin set to work and as well. Some judges modified it from a half-day time NAWJ member created the program with program to a two-hour program in an effort to Hon. Brenda Stith three goals in mind: be more responsive to the needs of a particular Loftin who created community. As a result, the program leadership a) First, it would target minority girls from junior high received awards from a range of groups, including the program which school through the twelfth grade. The idea was state Supreme Court judges, and some judges debuted across to introduce them to the legal profession and the received awards for putting on the programs year the country in judiciary, in particular; after year. One judge filmed her Color of Justice b) Second, it would offer a way to give judges, program and it received significant media attention, St. Louis Missouri, especially those that were elected, an opportunity which resulted in an award from the media for her September 20, 2001. to be involved in their community in a manner that work. couldn’t be confused with political activity; and c) Third, it could raise the national profile of the Today, every state in the country has put on at least NAWJ. one of these programs. It’s become a programming staple in New York, for example, where Judge The first Color of Justice program was presented La Tia W. Martin has put it on year after year. alongside NAWJ program co-chairs in St. Louis, The program is so effective because it serves the and following that successful event, Judge Loftin needs of girls and youth in a way that many of our put pictures about the program into a beautiful communities still require. There have been a couple album, which she brought to a then-upcoming NAWJ of states that have even expanded the programs conference. She laid the album out for conference into law schools. It serves the target group which participants to review, and, she reports, things really began as minority girls and has now expanded to took off at that point. “Everyone was so excited and support girls and boys and female law students. the judges loved it. They wanted to understand how It has given NAWJ women judges an opportunity they could bring the program back to their locales.” to participate in and be a part of their community SUMMER 2021 4

in a way that hasn’t been political. And it “If we hadn’t documented it, I don’t think goals. It focuses on career preparation, offers has clearly given visibility, nationally, to the anyone would have really known what we had panel discussions with judges and lawyers NAWJ. Judge Loftin explained that without accomplished.” sharing personal and professional insights, the creation of the Color of Justice Manual, and enables small group discussions during this program might never have expanded. One particular highlight was at the program’s box luncheons. The program provides an ten-year anniversary. At the prompting of environment where discussion and debate then-NAWJ President Judge Amy Nechtem, among participants can flourish. Members Judge Loftin and Judge Nechtem decided to of the NAWJ are encouraged to present reach out to the Native American community this program on Law Day, or at another at the Native American reservation in Bemidji, convenient time. The Color of Justice program Minnesota. Alongside the leadership of is a wonderful opportunity to become involved Judge Renee Worke, they invited Native in the community and at the same time American high schoolers to the Minnesota broaden the visibility of our organization. We State Appellate Court for a Color of Justice thank Judge Loftin for creating this incredible presentation. It was an enormous success. program that has touched so many, and all those NAWJ judges over the past 20 years Today, the program encourages participants that have brought the Color of Justice program to consider the law and judgeships as career to their state. This is an example of NAWJ at its best, offering NAWJ judge members a chance to have a lasting impact on their communities and the legal profession. Hon. Mimi Tsankov Vice President of Publication

Judge Tsankov is the Eastern Region Vice President of the National Association of Immigration Judges. The views expressed here do not necessarily represent the official position of the United States Department of Justice, the Attorney General, or the Executive Office for Immigration Review. The views represent the author’s personal opinions. Executive Director Message

want to express my gratitude to the Search and professionally. NAWJ has adjusted, evolved, and Committee and many others who provided expanded its influence on wide-ranging issues such support as I begin my tenure as your as voter education, equal access to justice, women in permanent Executive Director. Because we prison, elder abuse, the opioid crisis, sexual harassment, are in this journey together, I am sharing my vision domestic violence, and human trafficking, statement and I am excited to be walking along side you. New challenges emerged in 2020 that have brought disruption in the courts: the COVID 19 pandemic, Being the voice of women in the judiciary is the and troubling cultural and civil unrest, including notable legacy of the National Association of the amplification of racial tensions and inequalities. Women Judges. For more than forty years NAWJ Through the pandemic, our members have been unable has been the United States’ leading advocate and to meet together in person. NAWJ demonstrated agility educator for women on the bench and seeking the in pivoting within a few weeks to virtual meetings, bench. The organization’s success derives from and from operating in the office on local servers to the diversity of its members; racially, geographically, opervating remotely in the cloud. Moving to remote SUMMER 2021 5

and virtual format actually has helped us offer more several like organizations with whom we can begin to We will become events, and to expand awareness of NAWJ around the collaborate on joint projects and events. Developing an even stronger country. Membership and member engagement have relationships with these groups, while maintaining increased. and growing the Resource Board, is important to our and clearer regional growth. and national voice, Over the next several years, NAWJ has opportunity to as together we move strengthen its foundation, and to increase recognition NAWJ always has been passionate about crucial of its vital work. Creativity and technology are issues facing the courts, the overall justice system, toward implementing enabling the Districts to produce more of their own and our country as a whole. We will become an even this vision and programs and webinars, as current NAWJ programs stronger and clearer regional and national voice, as reaching our goals. can be streamlined into models for all of them to use. together we move toward implementing this vision This enhances ability of our programs to be hosted in and reaching our goals. person and virtually, potentially broadening NAWJ’s Laurie Hein Denham, CAE diverse membership, and our advocacy for fairness Executive Director and access to justice. We also have developed a list of

NAWJ Domestic Violence Committee It is our pleasure to introduce ourselves and tell this fantastic organization a bit about Michigan State Definition of Domestic Violence our committee and the plans for the DV Committee. (d) “Domestic violence” means the occurrence of any of the following acts by a person that is not an act of self-defense: As all of you know, Domestic Violence and i. Causing or attempting to cause physical or mental harm to a family or household Sexual Assault are very specific issues with member. specific features that, as judges, we should receive training and guidance on handling ii. Placing a family or household member in fear of physical or mental harm. these types of cases. iii. Causing or attempting to cause a family or household member to engage in involuntary sexual activity by force, threat of force, or duress. Starting with the definition of domestic iv. Engaging in activity toward a family or household member that would cause a reasonable violence in Michigan under the legislation person to feel terrorized, frightened, intimidated, threatened, harassed, or molested. enacting the MI Domestic and Sexual Violence Prevention and Treatment Board under MCL 400.1501: Many judges deal with domestic violence and for judges in all of these areas. We also sexual assault scenarios under many different believe it is important that as an organization cases in addition to criminal charges. Custody we recognize stalking, sexual assault and and termination of parental rights are cases domestic violence awareness months. in which DV and sexual assault are prevalent and have a different aspect to them from As Co-Chairs, we are planning a meeting in criminal cases. For example, animal abuse the near future and hope to make plans for in front of children should be taken into all of these important aspects of all of these account in a custody case, at least under MI crimes that impact so many people. The law and actually the same should hold true pandemic, as we have all read, has increased By Hon. Amy Ronayne Krause, Judge, Michigan Court everywhere. the number of cases and the lack of reporting of Appeals and Hon. Tracey Flemings-Davillier as people who are victims who many times Judge, Orleans Parish Criminal District Court The DV committee plans to work on training have no where to go, truly had no where to SUMMER 2021 6 go and be safe from their abuser and the pandemic, and a place in which they could keep their children safe.

Our hope and goal is to be very involved with NAWJ and raise awareness. Many years ago, I (Amy) was very fortunate to have a training by Lundy Bancroft. Everyone, not just judges, I was first appointed to the state trial bench court rewarding and important, and I enjoyed should read his book, “Why Does He Do at the age of thirty-eight in 1989. I loved my making a difference through community That?” It should be required reading for all years serving as a trial judge and, later, as a activities, as retirement age approached, I people, in my book. (pun intended!) Having judge on the Oregon Court of Appeals. And in began to get excited about the idea of that been a prosecutor since 1989, when I heard a few years, due to Oregon’s unique judicial life I had only dreamed of — one that could and saw Mr. Bancroft speak in 2004 or so, I retirement system, I expect to be back on the include more travel, catching up on reading, had just started a domestic violence court and bench for a while. and who knows, maybe even finally clearing out thought I was pretty darn smart. Mr. Bancroft the basement and garage from thirty years of gave me a whole new perspective on how to During my 22 years as a judge, I especially accumulation! I must admit I also had hopes handle these cases. enjoyed getting to know my women judge for even higher office in the American Bar colleagues around the country and even Association, having been the first sitting judge He said that in the “olden days”, people did had the honor of chairing the NAWJ Annual to serve as an ABA officer — Secretary — not think twice about bragging that they Conference in Portland in 2008, along with from 2002-2005. And then, there was always had so much to drink and then drove home. the Honorable Julie Frantz, who later became the possibility of another phase of my legal Somehow, it was OK to say that out loud. the first NAWJ president from Not anymore. As Mr. Bancroft pointed out, Oregon. (The NAWJ President MADD and SADD and just general public that year was Hon. Fernande outrage changed what communities thought “Nan” Duffly, who has become of drunk driving. It is not cool. He teaches, we a very special friend since need to do the same with domestic violence. then and who has strong It is not a private family matter, it is a public family connections in Portland, health crisis. His teaching is that everyone, including a fabulous Indonesian from the police, to the courts, to probation restaurant owned by her son have to be saying: This is not tolerated in this and daughter-in-law.) community. We are checking to see if Mr. Bancroft is available to come speak to us at During my years on the bench, I our Detroit conference next year and that was about as active as a judge would be a thrill and so educational. could be in the community, spearheading all manner of In terms of domestic violence being a judicial outreach programs, like public health crisis, please visit: https:// a Citizens Justice Conference www.cdc.gov/violenceprevention/ in 2000, a “Tell it to the Judge” intimatepartnerviolence/index.html Annual Law Day Program, and a Jury Reform Symposium. While It is an eye-opening look at how the CDC I always found the work of the views domestic violence and this look applies to how we as judges should view domestic violence. While I always found the work of the court rewarding and important, and I enjoyed making a difference through We as co-chairs are so honored have the work community activities, as retirement age approached, I began of our committee spotlighted in this issue of to get excited about the idea of that life I had only dreamed of Counterbalance. Thank you and we hope to have all our members raise awareness and — one that could include more travel, catching up on reading, keep on saying: Domestic Violence will not be and who knows, maybe even finally clearing out the basement tolerated in our communities. and garage from thirty years of accumulation! SUMMER 2021 7 career. But I honestly had no idea what that in modern history became another, sometimes issues of policy, legal, or even a political might look like, other than a vague notion that I nearly overwhelming, aspect of my work these nature. There are a lot of them. And the ones might make a decent mediator — like some of past four years. Happily, we at the Oregon that are brought to my attention are nearly you. So, in May 2011, having recently turned the Department of Justice managed to protect always incredibly important and time-sensitive. magic age of sixty, I retired from the bench. the people of our state from some of the very (Like providing legal guidance on our Governor’s worst assaults imaginable on our safety and Executive Orders related to COVID-19.) My first post-retirement vacation took me to well-being. Thankfully, I have a great staff, with expertise NAWJ’s 2011 annual meeting in Newark NJ, in just about everything imaginable. from which I headed into New York City for One of my roles as Oregon’s Attorney General Broadway shows and visits with family and is not that different from judges’ — that Finally, and perhaps most important: There’s friends. It was during a lovely walk around the is, to ensure that our justice system is fair a lot that I have to do that calls for objectivity. Jacqueline Onassis Reservoir with a dear friend and serves everyone equally. In that role, I Writing ballot titles, for example, is one of that I learned Oregon’s then-attorney general, have advocated for common sense reforms, the responsibilities of my office. In today’s who had begun his re-election campaign, was especially to reduce disparate impacts on highly politicized environment, my years on the suddenly bowing out. I had great admiration people of color. My office has led successful bench are invaluable in helping me perform for the office of Attorney General, and frankly, efforts to curb police profiling, hate crimes this — and other — judicial-like tasks fairly. had been disappointed that no woman had and bias incidents. We focus on expanding So while I may have retired from judging, the previously run for the job in Oregon. But until access to justice in Oregon’s most underserved experiences I had as a judge and the values that moment, I had NEVER considered doing so. communities through our Community I developed during my years on the bench, After all, I was a judge, and the judiciary wasn’t focused in particular on the importance of trust Conversation sessions, inviting community- exactly a common path to AG. (And there was and confidence in the justice system, continue driven reforms to how our agency serves no precedent in our complex retirement system to inform the work I do today. I feel extremely survivors of crime. We have made huge for addressing the issues for which I needed lucky to have had such a fulfilling career as clarity — like could I get my benefits while inroads into fighting human trafficking and a judge, and now, to get to have an equally serving as AG? The answer: No!) other internet crimes against children. And, I rewarding “bonus career” as Attorney General. take real pride in having begun a new elder As noted, Oregon had never had a woman in abuse unit that assists in prosecuting cases I look forward to getting together again with the job. Morale at the state’s Department of of financial exploitation of our seniors as well my NAWJ friends. In the meantime, be well and Justice was low. And I thought I had what it as those involving horrific acts of physical and thank you for doing this important work and for took, both to do the job and to bring the agency sexual abuse and neglect. inviting me to share my “story.” back to health. So I ran — and much to the surprise of just about everyone — won handily. My office has a robust Consumer Protection I ran again in 2016, and again this past year. I program. We have retired volunteers trained to recently turned 70! These past ten years have respond to 40,000 calls a year on our Complaint just flown by, with truly never a dull moment. Hotline. We’ve recouped hundreds of millions of Surely no one could have predicted how much dollars in settlements from large corporations fun this would be. (including drug, insurance and auto companies) that have defrauded our students, consumers, Having been involved in the practice of law medical patients and elders. Then, this past from virtually every angle, I find myself year, when scammers tried to take advantage surprisingly well-equipped to serve as what I of Oregonians in the midst of a pandemic and a call Oregon’s “Mama Bear.” My role as I have spate of historic wildfires followed by one of the Hon. Ellen Rosenblum defined it is to look out for my “cubs”— who worst ice storms in Oregon history, we worked include the most vulnerable people in our swiftly to address and put a stop to price After retiring from the bench, Ellen state. That means I’ve prioritized bringing gouging of essential products and services, Rosenblum was elected the first woman powerful bad actors to justice. I’ve defended such as lodging. Attorney General of Oregon. She was Oregonians’ rights, well-being and environment. reelected last November for a third term. And I’ve done my utmost to protect Oregonians As you well know, most judges are generalists. She served 22 years as a judge, first on the least able to protect themselves — the very You have to be prepared for whatever comes Multnomah County Circuit Court (Portland young, the elderly, those of limited means, your way — and to be scrutinized for your area) and later on the Oregon Court of and our immigrant populations. Standing up decisions. Being AG has real similarities. It Appeals. She chaired the 2008 NAWJ against the most lawless federal administration means being confronted every day with novel Conference in Portland, OR. SUMMER 2021 8

ADR as an Alternative to the Courts Now that I’m retired, I truly appreciate how Observations on the Pandemic much neutrals can assist the courts. This has become particularly true during the pandemic, with courts struggling to comply from a Newly Retired Judge with social distancing and mask mandates, lternative dispute resolution (ADR) when most litigation has occurred virtually. has become ingrained in the fabric When I left my courtroom in January 2020, of our judicial system. As a civil everything was conducted in person except judge in the Los Angeles Superior for the occasional conference call. I followed Court, I handled a wide variety of matters: real this by a brief sojourn at the California Court estate deals gone awry, embattled entertainers of Appeal, where I served as a justice pro going up against directors and production tem. When the pandemic hit in March, I, companies, civil rights and employment cases, along with my appellate justice colleagues, and a heavy dose of contract disputes and pivoted nicely to working from home, where consumer actions. In over two decades as a we were still able to access briefs, perform judge, I saw my inventory of cases rise from legal research and write opinions. The around 400 cases to over 600 when I left the twice-monthly oral arguments were initially bench in 2020 to join JAMS as a neutral. conducted telephonically, and later via the virtual platform BlueJeans. Any conferences ADR is a generalized term that encompasses between the justices were conducted either By Hon. Elizabeth Allen White (Ret.) the field of mediation, arbitration, sitting telephonically or via Zoom. It was seamless. as a reference judge to decide a single issue Hon. Elizabeth Allen White (Ret.) is NAWJ and serving as a discovery referee to help In the meantime, the nature of the in person President Elect and an Arbitrator and the parties resolve thorny discovery battles. work of the trial courts made pivoting to a mediator at JAMS, handling disputes Whatever form it took, as a judge, I was always virtual environment much more difficult. The in business and commercial, civil rights, grateful for those individuals who chose to courts partially closed for a period of time, and employment, entertainment and sports, work in the alternate private sector to resolve when they reopened, judges began working insurance, personal injury and torts, matters brought before public tribunals or that virtually from their chambers, with only a few professional liability, real property bypassed those tribunals altogether. Their jury trials conducted in larger courtrooms, and construction. work kept my inventory in a manageable state. which are more suitable for social distancing. Continued on page 10 SUMMER 2021 9

After Four Decades of Federal Legislation

n March 17, 2021, the U.S. House other person to participate in a non- of Representatives voted 244 to consensual sexual act, and also non- 173 to renew the Violence physical conduct such as “sexting,” in Against Women Act (VAWA), which the actor sends, or demands that the with 29 Republicans joining all House other party provide, sexually explicit Democrats in support of the bill. President material via electronic means. Birth Joseph R. Biden, Jr. has made it a priority of control sabotage and sexual or his administration to strengthen VAWA and reproductive coercion by male partners in has personally urged the Senate to “bring a order to make female partners become strong bipartisan coalition together” in Violence Prevention and Services Act pregnant – or, conversely, to force support of the law. The President has (FVPSA) and the Victims of Crime Act termination of a partner’s pregnancy emphasized the need to reauthorize VAWA (VOCA). against her wishes -- also constitute IPV. and to strengthen it, due to the excessive “Stalking” is defined as “a pattern of increase in the rate of intimate partner Intimate Partner Violence repeated, unwanted attention and contact violence (IPV) during the COVID-19 crisis, by a partner that causes fear or concern for an increase that has made the While definitions vary among statutes that one’s own safety or the safety of someone reauthorization of VAWA more important govern different community responses to close to the victim.” “Emotional abuse” than ever before. To understand the need to domestic violence, in general, “intimate includes verbal and non-verbal acts renew VAWA, it partner violence,” “domestic violence,” and intended to harm the other person is important to “domestic abuse” are largely synonymous mentally or emotionally in order to exert consider the terms that refer to physical violence, control over them. context of stalking, and/or psychological coercion by a intimate partner person against a current or former intimate Each year in the United States, IPV violence and two partner or spouse. “Physical violence” impacts an estimated 5.3 million women other federal encompasses acts by which a person, directly ages 18 and older and causes 2 million responses to it, or through an agent, harms, or attempts to injuries, of which 550,000 require the Family harm, the other person by using physical medical attention. On average, victims force. “Sexual violence” includes both lose nearly 8 million days of paid work physical violence by means of which the annually and between 21 and 60% of perpetrator forces, or attempts to force, the victims lose their jobs due to the abuse. SUMMER 2021 10

While statistics reveal the unsurprising fact witness it. Congressional findings establish pandemic, due to necessary social- that IPV affects more women than men, at that as many as 10,000,000 American distancing measures that reduce the number 33% of the female population, males also children witness acts of domestic violence of persons who can share a given space. represent a significant victim group: 25% of each year, and that such an experience poses a American men will experience IPV during great risk to a child thus exposed, of that child Contemporary Cultural Awareness their lifetimes. Persons identifying as LGBTQ becoming either a victim or an abuser later in suffer IPV at the same rates as the general life. Marriage laws in the United States formerly community, at between 25% and 33%. permitted men to hit their wives. Family The COVID-19 crisis has laid fertile ground violence was concealed, and the mostly- Native American women suffer IPV at higher for extensive increases in the number and women victims suffered silently. They were rates than does the general population. On severity of IPV incidents. Abusers may easily often afraid to seek assistance because of average, during their lives, 60% of Native take advantage of their victims’ increasing potential retaliation by their abusers and American women will encounter domestic isolation and of the abusers’ expanded ability because of public perceptions surrounding violence, and they are two-and-a-half times to monitor victims’ contact with others – abuse that, among other things, often more likely than other groups to be raped. circumstances that result, in part, from included blaming the victim. During the government stay-at-home orders. As 1960s, the nation’s growing concern for the Rates of IPV in the context of teen dating are expected, some law enforcement agencies perceived increase in the rate of all violent equally alarming. Almost 21% of female high are reporting upticks in domestic-violence- crime prompted a national investigation into school students and 13.4% of male high related (DV) calls. For instance, the Seattle the nature, causes, and prevention of such school students report physical or sexual police department reported a 21% increase crime, including IPV. This research led to abuse by a dating partner. One in ten high in DV-related reports in March 2020 as broad shifts in the perception of, and school students experiences physical violence compared to March 2019. Meanwhile, response to, the violence -- changing it from from a current or former dating partner. challenges to effective community responses a private family matter to a criminal act. By have emerged. For example, in-person the 1980s, these shifts in public sentiment As concerning as the statistics are for direct services, such as short-term emergency -- especially amongst the law enforcement victims, IPV also greatly impacts children who housing, have been impacted during the community -- had measurably reduced the Continued on page 11

ADR as an Alternative to the Courts Continued from page 8 The already-large inventory of cases that I had were allocated breakout rooms in order to work from my home office, happy to avoid my left behind, along with those of my colleagues, separately caucus with their clients. The previous lengthy commute to downtown Los grew even larger. number of rooms needed is determined at the Angeles. Because I am comfortable working in outset of each proceeding with JAMS virtual the virtual environment, the work is seamless. Given my work at the Court of Appeal, when moderators assisting in setting up the Zoom Likewise, my training in both arbitration I joined JAMS, I was already accustomed and facilitating the configuration of rooms. and mediation has allowed me to dispense to working in a virtual world. JAMS had justice within a framework that is efficient already transitioned to conducting mediations While videoconferencing and conference and meaningful. Finally, JAMS recognizes and arbitrations virtually, despite the fact calls are tools that many JAMS mediators and that collegiality is important and provides the that these were seen as being optimally arbitrators were familiar with, there was an opportunity to get to know our fellow neutrals performed in person. JAMS’ offices, with increased level of training to assist everyone through virtual gatherings. large conference rooms and smaller breakout in making the transition to a virtual world. rooms, have been replicated virtually, allowing Learning how to share screens and move While I hear the JAMS offices are beautiful, mediations and arbitrations to be performed in parties, counsel and witnesses in and out of I have to say, looking out my window past my a virtual environment. the virtual breakout rooms became second computer screen at the trees, while my dog nature for us as we attended these ongoing sleeps peacefully beside me, is something I Mediations and arbitrations were configured trainings. never got to enjoy under the fluorescent lights virtually to resemble the physical space. of my courtroom. That and being able to eat Witnesses would await their turn to testify I have yet to experience an in-person lunch with my husband, have made doing in a virtual breakout room, and counsel mediation or arbitration at JAMS. Instead, I justice during the pandemic enjoyable. SUMMER 2021 11 rate of IPV. immediate counseling, safety plan advice, StrongHearts reports that the initial and referral services to victims and that decrease in call volume was reflective of Responding to these forces, Congress connects callers to service providers in local victims’ inability to access services due to enacted several laws to address IPV. Each of communities. In February 2007, the Hotline their sheltering in place with abusers. these laws makes a unique contribution to began operating “loveisrespect,” a 24-hour- the patchwork of federal responses currently a-day, 365-days-a-year resource for teens Since its enactment in 1984, FVPSA has available. who experience dating violence or abuse. In been reauthorized seven times, most recently addition, since 2017, the Hotline has by the Child Abuse Prevention and Family Violence Prevention and collaborated with the National Indigenous Treatment Act (CAPTA) Reauthorization Act of 2010 (P.L. 111-320). FVPSA Services Act Women’s Resource Center to operate the “StrongHearts Native Helpline” for Native programs enjoy secure funding for the In 1984, the U.S. Department of Justice American abuse survivors. remainder of FY 2021 (P.L. 116-260), and issued its Attorney General’s Task Force on StrongHearts Native Helpline, like the have also received supplemental Family Violence Final Report, which appropriations under the Coronavirus Aid, advocated for a comprehensive approach to Relief, and Economic Security Act (CARES addressing family violence. In the wake of Act; P.L. 116-136). this report, and supported by community advocates, Congress enacted the Family Victims of Crime Act Violence Prevention and Services Act (P.L. 98-457, FVPSA) as a means to help states In addition to providing for immediate address family violence and to provide assistance to victims, funded by the FVPSA assistance to its victims and their programs, and in response to the emerging dependents. understanding of the scope of the IPV problem, Congress in 1984 created a FVPSA’s programs are administered by the national fund from which victims may receive U.S. Department of Health and Human compensation for their injuries. The Victims Services (HHS). FVPSA is the primary of Crime Act of 1984 (P.L. 98-473, VOCA) federal funding stream to support immediate Hotline, operates 24 hours a day; established the Crime Victims Fund (“the assistance to victims and temporary it, too, is a national, toll-free, confidential Fund”) in order to provide compensation to emergency shelters. FVPSA provides hotline, and StrongHearts offers culturally victims of violent crime, including IPV, for funding to states, tribes, and other non- appropriate services to Native American and their unreimbursed losses from crime. The governmental groups that meet specific Alaska Native IPV survivors. Crime Victims Fund is financed by bail guidelines to establish, operate, and forfeitures and by fines and penalties paid by maintain local community projects working Since their beginnings, the Hotline and federal criminal convicts, and, since 2002, is to prevent family violence, domestic violence, loveisrespect have answered more than 5 also funded by gifts, donations, and bequests and dating violence. Appropriations for these million calls, chats, and texts. In 2019, these by private parties. The money that is services are carefully regulated in order to programs have, in total, received collected by the Fund is overseen by the U.S. ensure distribution of grant funds to states 321,573 calls, 237,012 online chats, Office for Victims of Crime and is and territories, with no less than 10% of and 14,085 texts. The pandemic increased distributed to qualified state programs for funding earmarked for Native American the number of contacts. According to data the compensation of crime victims. By 2020, tribes. As of October 2020, FVPSA has collected between March 16 and May 15, the Crime Victims Fund held more than $6 funded over 1,500 domestic violence 2020, the Hotline experienced a 15% billion. shelters and programs, has supported over increase in contacts during the months of the 240 tribes and tribal organizations, and has COVID-19 pandemic, as compared to the The Crime Victims Fund issues grants to served more than 1.3 million IPV survivors. same months in 2019, even though the state-level crime victim compensation FVPSA’s front-line immediate response Hotline experienced an initial decrease of programs and to national-scope program, the National Domestic Violence calls during the first month of the pandemic. demonstration projects, and also offers Hotline (the Hotline), is a 24-hour-a-day, Likewise, StrongHearts reported an initial training and technical assistance to victim 365-days-a-year, national, toll-free, decrease in contacts over the first months of service providers. In addition, the Fund confidential hotline – with online chatting the COVID-19 crisis, but also saw an underwrites victim-witness coordinators in and social media availability – that provides increase in its website activity and social U.S. Attorneys’ Offices, FBI victim media channels during the same period. specialists, and the Federal Victim SUMMER 2021 12

Notification System, to help victims as they sexual assault matters, and in addition the While the appropriations authorizations for navigate their participation in a federal law ensured that policies and practices focus grant programs in VAWA expire and require criminal case from initial contact through on the offender, while simultaneously taking reauthorization, the remaining provisions of court proceedings, sentencing, and account of victims’ trauma. The legislation VAWA do not expire. VAWA appropriations restitution hearings. also funded a variety of victim services were reauthorized in 2000, 2005, and through grant programs to state, tribal, and 2013, and with each of these The Crime Victims Fund receives no local governments, to nonprofit reauthorizations, legislators refined and funding from taxpayers, and needs no organizations, and to universities. expanded VAWA’s protections. reauthorization from Congress. VAWA 1994 extended some protections to Violence Against Women Act Violence Against Women Act noncitizen survivors. The law empowered abused noncitizen spouses to “self-petition” of 2000 A decade after implementing FVPSA and for lawful permanent resident status for VOCA, Congress enacted the Violent Crime Congress adopted the Violence Against Control and Law Enforcement Act of 1994. Women Act of 2000 (P.L. 106-386, VAWA This bill created programs to help local law 2000), which expanded grant guidelines for enforcement address violent crime, and also increased training on investigation, provides services to victims. prosecution, and victim advocacy in sexual assault cases, enhanced and enforced As part of the Violent Crime Control and requirements for agency collaboration as a Law Enforcement Act of 1994, Congress requirement for grant funding, added enacted the Violence Against Women Act to biennial requirements for reporting on the create new programs within the effectiveness of VAWA grants, and also Departments of Justice (DOJ) and Health increased protections for non-immigrant and Human Services, geared at reducing the nationals, sexual assault victims, and victims incidence of IPV, at protecting victims, and of dating violence. It provided funding for at facilitating survivors’ recovery. rape prevention and education programs, themselves and their minor children without and established legal assistance programs for VAWA enacted new criminal penalties and involvement of a sponsoring spouse. victims of elder abuse, stalking, and violence criminal justice procedures and coordinated against individuals with disabilities. VAWA and funded efforts by law enforcement and In addition to coordinating the federal law 2000 added protections for IPV victims who governmental agencies to investigate, enforcement and prosecution response to flee across state lines, and established prosecute, and punish IPV offenders. VAWA criminal IPV, VAWA provided grant funding programs to promote safe child exchange established pretrial detention requirements for domestic violence temporary shelters and and visitation and to prevent child abuse, in sex offense cases; encouraged other victim services. The Office on Violence sexual assault, and stalking. jurisdictions to implement pro-arrest or Against Women (OVW), an office within the mandatory arrest policies; established DOJ, oversees VAWA grants to state and VAWA 2000 also added criminal penalties protections to keep victims’ addresses local governments that fund programs for certain acts. It amended federal criminal confidential; mandated HIV testing of those geared at: preventing IPV and child abuse by laws in order to include as crimes acts by a charged with sex crimes upon request of the training agency responders and victim person in which the person: commits a crime victim; established prohibitions against advocates; operating shelters; providing rape of violence with the intent to kill, injure, firearms possession by persons who have prevention and domestic violence education harass, or intimidate a spouse or intimate committed domestic abuse; and created to victims and the general community; and partner in connection with interstate or requirements for each state to afford full reducing sexual abuse of runaway and foreign commerce travel; causes a spouse or faith and credit to orders of protection issued homeless youth. Currently, OVW intimate partner to travel in interstate or by other states. The law also collected and administers 19 VAWA grant programs, of foreign commerce by force or coercion; provided resources to create better-informed which four are “formula” programs that are travels, or causes another to travel by force or policies to address IPV in the criminal required to comply with fund distribution coercion, in contravention of an existing context, including specialized law parameters specified in enacting legislation, restraining order; or, uses the mail or any enforcement and prosecution units, the use and 15 are “discretionary,” permitting facility of interstate or foreign commerce to of evidence-based lethality assessments and OVW to create guidelines for distribution in engage in a course of conduct that would improved medical forensic examinations in accordance with authorizing legislation. Continued on page 33 SUMMER 2021 13

“magic” within all of us, “blew the roof off” the place. But it was hard for me to feel that roof come off when sitting in my easy chair.

We all have some favorite memory of a live dance, music or theater performance. We go to a performance to see artistry in all of its immediate glory and wonder. We hope to experience, during the best of performances, some personal growth. Perhaps even an epiphany. And for a moment, we feel like we have entered a different world, one that belongs to the artist.

Our performance – and let me call it that for a moment – is in the courtroom, with other “players” sitting at counsel table, in the jury box, or on the witness stand. The deputy and

ast weekend I tuned into a “streamed” performance by the award winning tap-dancer Ayodel Casel. The performance was filmed at the Joyce Theater, a large, well- known, professional dance theater in New York City. As I watched the jaw-dropping artistry of her and her five tap-dancing colleagues, I was struck by what I was missing. By Hon. Sharon Kalemkiarian Every time her shoe hit the floor, I heard Judge Kalemkiarian, a graduate of the noise but I couldn’t feel the vibration. Princeton and the University of San Diego School of law, is a teacher As she riffed through an improvisation with of the New Judge Orientation for Afro-Cuban pianist Arturo O’Farrill, I California Judges, and a member could not hear her breath quicken or see his of the Family Law Committee and fingers flex. There was a great deal of visual the Compensation and Benefits coordination between the five tap-dancers, committee of the California Judges butthrough the screen I couldn’t catch the Association. She participates in “aura” of their joy as they collaborated and numerous classroom civics programs created together. And the number offered by throughout the year. the jazz vocalist Crystal Monee Hall about the SUMMER 2021 14 the clerk also have their roles to play. Our only imagine that for litigants, receiving seems to surround and be generated by a purpose, of course, is not to entertain but to the ruling remotely doesn’t feel as immediate person, thing, or place.” In the theater, the do justice. or serious as when they are in the courtroom. “aura” comes from the theater itself, as well as from the quality projected by the performer. Now that my courtroom has been reopened Remote hearings rob the judicial officer (and When listening to a witness, I am as much to in-person family law trials, I am struck other participants) of the nuances in the assessing their aura as I am their words. When by how much everyone’s experience in the “performance”. A sensory deficit is created judging credibility or sincerity, as the trier of courtroom was compromised during remote because we can’t see everyone all the time fact I am handicapped when I can’t feel what proceedings. I’m not referring to hearings that during the remote proceeding. We need is happening between that witness and the are merely procedural, such as an arraignment multiple cameras, which of course we don’t attorney. Or that witness and a party. Or that or a case management conference. I am have. So I can’t usually see when a litigant witness and me. Assessing the “atmosphere” referring to hearings that involve taking listening to testimony might be passing a note of a case requires people to be together in the testimony, presenting evidence, and listening to their lawyer, or making faces, or getting room. Lawyers know this. Effective lawyers to argument. Since March 2020, I had been agitated off screen. Or if a witness is being calibrate their examination and cross- conducting all proceedings in my family law improperly prompted during their testimony. examination to the “aura” of the witness. This trial department remotely. Two weeks ago, Witnesses are often self-conscious of being is very difficult to do online. we opened my courtroom to proceedings in- on screen, especially because they can see person – socially distanced, with Plexiglas and themselves at the bottom of the monitor when I do not fool myself into thinking that I have masks in place – but in-person nonetheless. they are speaking. This affects their testimony. any “magic” influence over litigants when And just as their performance is filtered by the giving my rulings. But I always explain my The difference has been dramatic – more remote transmission, so is mine. It is harder rulings, encouraging parents to cooperate for than I would have honestly anticipated. First, for participants to catch the nuances of my the sake of their child, and to move on with all of the players are back in my theater – the performance. When I turn my back to reach their lives. On occasion, my comments are courtroom. We design courtrooms, even in for something, am I reaching my code book or taken to heart. But it is much less likely that my the smallest rural county, to have a level of a box of Kleenex? And my facial expression or rulings have any impact at all, except to give formality and solemnity. There are United body language is being read from afar, and I enforceable orders, when they are delivered States and California flags and a state seal. may also be conscious of the screen. remotely. I can’t look the litigants or counsel The Judge sits apart from, and usually above, “in the eye” and I can’t assess their “whole everyone else in the courtroom. The litigants It is almost impossible for anyone to body” reaction when I am looking at them and their counsel have a special place to sit. collaborate during an online proceeding. In on the screen. Guidance is a part of my There is good lighting, water in the pitchers, the courtroom, at least in a family law trial, job – a part of my role in the performance – and a deputy in uniform to keep the peace. counsel and the Judge will communicate quite particularly if I was sitting in a collaborative The clerk sits at her desk assisting the Judge. a bit during a trial. I’ll let them know where to Court. We don’t have the training or the What is projected is the score for the day: This focus their questioning. Often I will ask them technological resources needed to encourage is serious business. You will be expected to act to go outside and talk during the break about and cajole better behavior from litigants accordingly. one issue or another, and see if with a bit of through remote transmission. direction from me, they can settle some items. That formality and solemnity is entirely This just can’t happen online – the platform Remote hearings are likely here to stay. These missing in a remote proceeding. While that is cumbersome, connections get dropped, hearings have improved access to the courts formality may intimidate a bit, it is intended and I simply can’t persuade as well through a for many people, and have saved attorneys and to. But on the screen, the litigants and counsel screen. Likewise, litigants can’t often easily clients time, and therefore money. For certain can’t fully see the bench – usually just my speak with their counsel. If they are sitting hearings, the online platform works. But a head and shoulders, with just a glimpse of the in different rooms on separate laptops, they person’s “day in court” should not become a flags behind me. When litigants sit in their can only talk to each other by asking me to person’s “day in a virtual hearing”. Much is lawyer’s office or in their car, or witnesses stop the proceeding, or by picking up a cell lost in our justice system when evidentiary testify from their dining room table or (god phone. If they sitting next to each other at their hearings and trials are not conducted in a forbid) the bathroom, you lose formality and location, they can chat, but my view of them is courtroom. Just as a theater performer needs solemnity. This affects how people behave so much smaller. the audience to create her art, a Judge needs during the proceedings, and how they view the presence of people in-person before her, the proceedings. For the Judge, you want to And then, “auras” just don’t project over a with all their imperfections, to really deliver deliver a ruling to someone sitting in front of screen. Oxford Languages defines “aura” as justice. you, not to a face or circle on a screen. I can “the distinctive atmosphere or quality that

SUMMER 2021 15

An idea that is Growing

been certified as a roposals for collective bargaining unit, an Article I based on a unanimous Immigration petition by the entire 30 Court were person corps of judges. first advanced over 40 As such, it was recognized years ago. An Article I as a Federal union. Given Court would be an the unanimity of the corps, independent tribunal and its strong focus on created by Congress, judicial independence, I under Article I of the suspect that the move for a Constitution. Its new structure grew out of decision making would its recognition that the be free from political immigration adjudicative influence by policy function needed to be makers. restructured to assure the reality of independence. I recall seeing a draft bill The structural conflict was to create an Article I probably best exemplified by the fact that when I Immigration Court prepared by the National became an Immigration Judge [IJ], I shared my By Hon. Joan Churchill Association of Immigration Judges [NAIJ] when I secretary with the INS trial attorney who prosecuted Immigration Judge first became an Immigration Judge [IJ] in 1980. It the cases before me. retired, is a past President of NAWJ was during the NAIJ Presidency of Judge Joseph Monsanto. I don’t know when the draft bill was Early History She served on the prepared. Judge Monsanto served as NAIJ President Washington DC/ from 1975 – 1981. When I became an Immigration In 1978, President Carter established an Arlington VA Judge I recall my new colleagues emphasizing the InterAgency Task Force on Immigration Reform.1 Immigration Court importance of observing independence in our The Agencies involved were State, Labor & Justice. 1980-2005, during The work of the Task Force was soon superseded by which she served 5 decision making, notwithstanding we were housed terms as a Temporary in the Immigration & Naturalization Service [INS], a Congressionally created Select Commission on Member of the Board of which was then a component of the United States Immigration & Refugee Policy [hereinafter referred Immigration Appeals. Department of Justice. NAIJ had recently, in 1979, to as Select Commission].2 Select Commission staff SUMMER 2021 16

member Peter Levinson was assigned to Mr. Roberts, Mr. Levinson, and the NAIJ, the adoption of the U.S. Administrative study existing Administrative Courts. At the have continued to be recognized throughout Procedures Act [APA] in 1946. The APA conclusion of his study, Levinson issued a the years, and have not changed. It was those includes a merit-based selection process memo advocating that an Article I concerns which led to their drafts of bills to outside the control of the appointing agencies Immigration Court be established, following create an Article I Immigration Court. and a provision requiring that removals be for the model of the Tax and Veterans Appeals Those same issues are cited by current cause. These safeguards were designed to Courts. He attached language for a advocates for an Article I Court, insulate administrative judges from political proposed bill to his memo. The Final Report influence. of the Select Commission, issued March 1, The immigration judiciary at both the trial 1981 calls for creation of an Article I and appellate level is housed in the In a landmark case challenging the conduct Immigration Court3. Levinson’s draft bill Department of Justice [DOJ], where it is of deportation proceedings because the and the draft bill prepared by NAIJ are both subject to political influence by political adjudicators were authorized to perform both in the papers of the Select Commission. A policy makers. The Attorney General, the prosecutorial and adjudicative functions, the law review article explaining Levinson’s nation’s top law enforcement officer, selects Supreme Court held in 1950 that the APA, thinking, the rationale behind his all Immigration Judges, at both the trial and which contains a prohibition on commingling recommendation, was published by the Notre appellate level, and has the power to: prosecutorial and adjudicative functions, 4 7 Dame Law Review in 1981. • reverse their decisions --even when not applied to deportation proceedings. In its appealed, Wong Yong Sung decision, the Supreme While the Select Commission was examining Court, citing the 1937 report of the the issue, the Hon. Maurice Roberts, then the • set policy binding on the legal issues, President’s Committee on Administrative former Chair of the Board of Immigration • set procedural direction which can affect Management considered by Congress in Appeals, wrote an article entitled “Proposed: the outcomes and enacting the APA, stated that the purpose of A Specialized Statutory Immigration Court:” the APA was to eliminate the commingling of to which he attached his own draft bill for an • reassign cases if displeased with a prosecutorial and fact-finding functions, Article I Immigration Court5. He states that particular judge’s handling of a case or because it “not only undermines judicial after considering the conclusions of the group of cases. fairness; it weakens public confidence in that Select Commission he recognizes that “the These political policy influences interfere fairness.” Ibid, p. 42. The Supreme Court overall system itself seems badly in need of with immigration judges’ responsibility to be noted that: reappraisal and overhaul.” He credits Peter impartial, to be neutral decision makers who Levinson’s draft bill as the inspiration for his can administer due process, a right “this commingling, if objectionable own, and mentions the NAIJ draft bill, which guaranteed by the 5th Amendment of the anywhere, would seem to be particularly so in he characterizes as “more detailed.” Mr. U.S. Constitution to all persons facing deportation proceedings, where we Roberts’ article was published in the deprivation of life, liberty and property, all of frequently meet with a voiceless class of December 1980 Issue of the San Diego Law which are at stake for persons in removal litigants who not only lack the influence of Review. The text of his draft bill was attached proceedings. citizens, but who are strangers to the laws in the Appendix of his Article.6 and customs in which they find themselves The issues identified are an outgrowth of involved and who often do not even The structural problems identified by the years of focus on the functioning of understand the tongue in which they are Select Commission, referenced at the time by administrative courts, which culminated in accused.” Ibid at 46.

1 I had the honor of being selected to serve as the legal member of the interdisciplinary staff. 2 The Select Commission on Immigration and Refugee Policy was created pursuant to the Act of Oct. 5, 1978, Pub. L No. 95-412, 92 Stat. 907 (1978).

3 U. S. Immigration Policy and the National Interest – The final Report and Recommendations of the Select Commission on Immigration and Refugee Policy to the Congress and the President of the United States, (at pp. xxviii-xxix: “§Vii.C Article I Court: The Select Commission recommends that existing law be amended to create an immigration court under Article I of the U.S. Constitution. §Vii.C.2.: Resources for Article I Court: The Select Commission urges that the court be provided with the necessary support to reduce existing backlogs.” Detailed recommendations regarding the proposed structure are set out in the body of the Report at pp. 245-250.

4 Peter J. Levinson, Specialized Court for Immigration Hearings and Appeals, 56 Notre Dame L. Rev. 644 (1981). The article can be found online at: https://scholarship.law.nd.edu/ndlr/vol56/iss4/4/.

5 Maurice A. Roberts, Proposed: A Specialized Statutory Immigration Court, 18 San Diego L. Rev. 1 (1980). Available at: https://digital.sandiego.edu/sdlr/vol18/iss1/2 The article and Roberts draft bill can be accessed online at https://digital.sandiego.edu/do/search/?q=author_lname%3A%22Roberts%22%20author_fname%3A%22Maurice%22&start=0&context=4847542&- facet=publication_facet%3ASan%20Diego%20Law%20Review# The draft bill is at page 19, in the Appendix to the article. 6 Ibid, p. 2. 7 Wong Yong Sung v. McGrath, 339 U.S. 33 (1950). SUMMER 2021 17

When Congress enacted the 1952 working in agencies which have political, After the recommendations of the 1980 Select Immigration & Nationality Act [INA], (which especially prosecutorial functions. Commission on Immigration and Refugee it passed overriding President Truman’s veto), Policy for establishment of an independent Congress specifically provided that the APA The Attorney General, who heads the Immigration Court, under Article I, published would not apply to deportation proceedings. Department of Justice where the Immigration in 1981, and the strong scholarly articles The INA established a roughly parallel Court is housed, is the top prosecutor in the published contemporaneously by Maurice system that incorporated many of the features United States. The structural flaw this Roberts and Peter Levinson,11 the Department of the APA, albeit not including the presents was cited as recently as May 9, 2021 of Justice [DOJ] took another step, albeit a safeguards of merit-based selection or for in a New York Times Sunday lead editorial by half step, to address the concerns raised. cause removal for the adjudicators (then its Editorial Board entitled “Immigration Instead of proposing legislation for an called Special Inquiry Officers [SIOs]). Courts Aren’t Real Courts. Time to Change independent immigration court, it created a When challenged, the 1952 Act’s scheme for That.” new Office within DOJ, which was named the deportation proceedings was upheld by the Executive Office of Immigration Review Supreme Court in the case of Marcello v. “[Immigration Judges] are attorneys [EOIR]. The Immigration Judges were Bonds8, decided in 1955. The INA, as employed by the Executive Office for removed from the Immigration & amended, continues in force today. Immigration Review, which is housed in the Naturalization Service, and consolidated with Interestingly, just a year after the Supreme Department of Justice. It’s hard to imagine a the Board of Immigration Appeals in the Court’s 1955 Marcello decision, in 1956, the more glaring conflict of interest than the newly created DOJ Executive Office along SIOs were removed from the supervision of nation’s top law-enforcement agency running with a new component, the Office of the Chief the INS District Directors, and the position a court system in which it regularly appears Administrative Hearings Officer [OCAHO].12 of Chief Special Inquiry Officer was created.9 as a party.” 10 This restructuring, which could be accomplished by executive action, without The editorial characterizes the situation as legislation, removed the judges from within “structural rot at the core of the nation’s the INS, but left them within the DOJ, which is immigration courts.” a prosecutorial agency, responsible for enforcement of the INA. Critics continue to To address these concerns, some gradual point out the continuing structural flaw, the steps have been taken over the years to amend co-mingling of prosecutorial and adjudicative the structure. The first such step was, as functions. mentioned above, taken a year after the Supreme Court decision of Marcello v. Congressman, Bill McCollum (R-FL), who Bonds, 349 U.S. 302 (1955) –which upheld served in the US House of Representatives The main structural issue of concern the INA’s creation of a sort of parallel from 1981-2001 and chaired the Immigration throughout has been the commingling of structure for the Immigration Courts Subcommittee for a time, introduced bills in political, policy making functions with the specifically not bound by the APA – when the Congress to create an Article I Immigration functions of adjudication, with the SIOs [Immigration Judges] were removed Court in successive sessions of Congress: subservience of adjudicative functions to from the supervision of the INS District 1996, 1998, and 1999.13 The bills did not prosecutorial functions. This conflict of Directors and the position of Chief SIO advance. To date, no further bills have been interest undermines both the neutrality and created to provide separate administrative introduced in Congress to establish an Article appearance of neutrality of adjudicators support. I Court. 14 In the years since then, however, an

8 Marcello v Bonds, 349 U.S. 302 (1955). 9 The history described in this paragraph relies on the history and citations presented in the NAIJ position paper entitled An Independent Immigration Court: An Idea Whose Time Has Come – A Position Paper by the National Association of Immigration Judges, January 2002 at p. 6. https://www.naij-usa.org/images/uploads/publications/An-Independent-Immigration-Court-An-Idea-Whose-Time-Has-Come-January-2002_1.pdf 10 The New York Times Editorial Board, Immigration Courts Aren’t Real Courts. Time to Change That. May 8, 2021, 2:30 p.m. ET, published Sunday May 9, 2021 in the Sunday Review, p. 6. https://www.nytimes.com/2021/05/08/opinion/sunday/immigration-courts-trump-biden.html?action=click&module=Opinion&pg- type=Homepage. 11 See footnote 3 above for citations. 12 A third small component was created and added to EOIR, the Office of the Chief Administrative Hearings Officer [OCAHO], which hears cases involving violations of employment provisions in the INA. The OCAHO judges are Administrative Law Judges. They preside over employer sanction matters and employment discrimination cases Their cases, by contrast to the Immigration Judges’, are subject to the APA. Furthermore, the APA provisions for rulemaking are applicable to EOIR in its rulemaking capacity. 13 1999: Immigration Court Act of 1999, HR 185 (106th Congress 1999); 1998: United States Immigration Court Act of 1998, H.R. r107, (105th Cong. 1998); 1996: United States Immigration Act of 1996, H.R. 4258 (104th Cong. 1996). 14 In 2013, then former Congressman McCollum wrote an op/ed reiterating his support. https://www.washingtontimes.com/news/2013/jun/17/immigration-courts-need-an-upgrade/ also available at: https://www.naij- usa.org/images/uploads/publications/McCollum-Immigration-Courts-Need-an-Upgrade_6-17-13_2.pdf.

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ever increasing number of professional legal Report stated that creation of an independent neutrality free from such policy-driven organizations have endorsed the idea. Article I Immigration Court was the Number interference.” #1 choice of the Commission. Endorsements by Organizations The Round Table’s statement included a The Federal Bar Association, another footnote with citations to numerous articles Our own National Association of Women national legal organization, started urging by retired immigration judges on the Judges [NAWJ] was the first judicial Congress in 2013 to establish a specialized subject.19 organization, apart from NAIJ itself to Article I United States Immigration Court.18 endorse an independent Court outside DOJ The many recent developments that caused for the Immigration Court.15 We adopted a concern led the ABA Commission on resolution in 2002 calling for “an Immigration to undertake an extensive independent structure for the Immigration review of the many changes to the Courts (at both the trial and appellate levels) immigration system since its 2010 report. outside the Department of Justice, to assure This review resulted in a thorough update to fairness and equal access to justice, and to its earlier report.20 In its updated report, assure both the appearance and reality of published March 2019 , the ABA revisited its impartiality.” Since then, more and more prior endorsement of three options and organizations have followed our lead, instead wholeheartedly endorsed creation of organizations of many types including: an Article I Immigration Court stating that it immigration, civil rights, faith-based, The number of organizations joining the call no longer considered the other options it had government accountability, legal, labor and for an independent Immigration Court has considered in 2010 to be viable options. It judicial organizations. increased exponentially in the past few years, reached this conclusion after reviewing following a series of developments which have developments since its report in 2010. The In 2007, Dana Leigh Marks, then President exposed the seriousness of the systemic flaws ABA 2019 Update, cited recent “specific of the NAIJ, wrote an article calling of the current structure. In a statement executive policies and practices exerting establishment of an Article I Immigration submitted to Congress in 2017, the Round unprecedented levels of control over Court “an urgent priority.16 Table of Former Immigration Judges noted immigration judges and their job that: “DOJ and EOIR have issued policies performance.” Among those new policies it In 2010 the American Bar Association, after that will threaten the integrity and noted: an exhaustive study, published a detailed independence of the immigration courts.” report entitled Reforming the Immigration After describing several policies to which it “Policies implementing case production System17. The ABA Commission on objected, the Round Table’s statement quotas and limitations on discretionary Immigration report recommended concludes: decisions of judges to continue or terminate consideration of 3 options for restructuring cases raise concerns about due process and the Immigration Judiciary to assure judicial “The solution is to create an independent, fairness within the current immigration court independence and protection from Article I immigration court, allowing IJs to system.” 21 politicization of the Board and Courts. The continue to decide cases with fairness and

15 The seriousness of the need to insulate the Immigration Court from “political whims of the Executive” is recognized by an increasing number of stakeholders. 16 An Urgent Priority: Why Congress Should Establish an Article I Immigration Court, by Hon. Dana Leigh Marks, Benders Immigration Bulletin, January 1, 2008. 17 https://www.americanbar.org/content/dam/aba/publications/commission_on_immigration/coi_complete_full_report.authcheckdam.pdf. 18 Ibid. 19 Jeffrey S. Chase, The Need For an Independent Immigration Court, Jeffrey S. Chase Opinions/Analysis on Immigration Law, (Aug. 17, 2017), https://www.jeffreyschase.com/blog/2017/8/17/the-need-for-an-indepen- dent-immigration-court. Jeffrey S. Chase, IJs, Tiered Review and Completion Quotas, Jeffrey S. Chase Opinions/Analysis on Immigration Law, (Nov. 9, 2017), https://www.jeffreyschase.com/blog/2017/11/9/ijs-tiered-review-and-completion- quotas. Bruce Einhorn, Jeff Sessions wants to bribe judges to do his bidding, Washington Post, (Apr. 5, 2018), https://www.washingtonpost.com/opinions/jeff-sessions-wants-to-bribe-judges-to-do-his-bidding/2018/04/05/ fd4bdc48-390a-11e8-acd5-35eac230e514_story.html?utm_term=.758f0b92e2e6. John F. Gossart, Time to fix our immigration courts, The Hill, (Feb. 26, 2014),http://thehill.com/blogs/congress-blog/judicial/199224-time-to-fix-our-immigration-courts . Paul Wickham Schmidt, Retired Immigration Judge and Former Chairman of the BIA Responds to Implementation of Production Quotas, Immigration Courtside, (Apr. 4, 2018), http://www.aila.org/infonet/retired-im- migration-judge-and-former-chairman Paul Wickham Schmidt, We Need An Article I United States Immigration Court — NOW — Could The Impetus Come From An Unlikely Source?, Immigration Courtside, http://immigrationcourtside.com/we-need-an- article-i-united-states-immigration-court-now/. Robert Vinikoor, Take it From a Former Immigration Judge: Quotas Are a Bad Idea, Minsky, McCormick & Hallagan, P.C. Blog, (Apr. 12, 2018), https://www.mmhpc.com/2018/04/take-it-from-a-former-judge-quotas- for-immigration-judges-are-a-bad-idea/. 20 The full report is available at https://www.americanbar.org/content/dam/aba/publications/commission_on_immigration/2019_reforming_the_immigration_system_volume_2.pdf. 21 Ibid at page ES-15. SUMMER 2021 19

The ABA’s updated report called the “The immigration court’s continued implementation on February 8, 2010,28 the Immigration Courts “irredeemably existence within the Department of Justice, Federal Bar Association [FBA], the American dysfunctional.” It stated emphatically: with its personnel and operations subject to Immigration Lawyers Association, [AILA], “[T]he only way to resolve the serious direct control by the Attorney General, who NAWJ, and the Appleseed Fund for Justice29 systemic issues within the immigration court is also the chief law enforcement officer for all issued strong statements of support. The system is through transferring the the Federal government, is a fatal flaw to the FBA prepared and disseminated a draft bill.30 immigration court functions to a newly- reality, and perception, of independence.”26 The National Association of Immigration created Article I court.”22 Judges [NAIJ] endorsed the FBA proposed bill31 and the American Immigration Lawyers Rejecting the earlier report’s Association [AILA] passed a resolution in recommendation to consider 3 options, the support of the idea.32 The ABA, FBA, AILA 2019 report commented: and NAIJ issued a joint letter to Congress, dated July 11, 2019, calling for an Article I “[The Article I] approach is the best and most Immigration Court.33 practical way to ensure due process and insulate the courts from the capriciousness of In February 2020, the American the political environment. It is further our Immigration Lawyers Association [AILA] view that the public faith in the immigration sent Congress a letter entitled “Congress court system will be restored only when the She concluded with the statement: Must Establish An Independent Immigration immigrations courts are assured Court” which was co-signed by 54 non- independence and the fundamental elements “The core principle of any fair adjudication government organizations.34 of due process are met.”23 system must be that independent and impartial judges decide cases on the merits, NAWJ sent a separate letter in support.35 On July 11, 2019, the ABA, AILA, the FBA evaluating the facts and the law in each case, and NAIJ sent a joint letter to Congress after a hearing that fully comports with due The Alliance For Justice, representing 120 urging adoption of an Article I Immigration process. The current immigration court organizations, sent a letter to Congress Court24. system fails to meet those goals in many March 30, 2020 joining the call for an respects. It is time for Congress to establish a Article I Immigration Court stating “it is ABA President Judy Martinez testified On truly independent Article I court.”27 desperately needed as a part of the solution” January 29, 2020 before the House to “solve the ills of the current system.”36 Subcommittee on Immigration and There has been an avalanche of Citizenship at a hearing on “Courts in Crisis: organizational endorsements in the past 3 On October 21, 2020, the New York City Bar The State of Judicial Independence and Due years. In addition to the ABA’s support, renewed its call for an independent Article I Process in U.S. Immigration Courts”. In her which had passed a formal resolution in Immigration Court.37 testimony, she strongly endorsed creation of support of an Article I Immigration Court an Article I Court.25 She stated: containing detailed guidelines for I expect there have been additional

22 P. 25 of the summary report, denoted as ES-25. 23 Ibid at page ES-25.

24 https://www.fedbar.org/wp-content/uploads/2019/10/19070802-pdf-1.pdf. 25 https://docs.house.gov/meetings/JU/JU01/20200129/110402/HHRG-116-JU01-Wstate-PerryMartinezJ-20200129.pdf 26 Ibid p. 9. 27 Ibid p. 11. 28 https://www.naij-usa.org/images/uploads/publications/ABA-Article-I-Resolution-114F-adopted_2-8-10_%281%29.pdf. 29 Assembly Line Injustice: Blueprint to Reform America’s Immigration Courts, p. 35. 30 Text of the FBA’s proposed bill is available at https://www.fedbar.org/wp-content/uploads/2019/10/proposed-Article-I-immigration-ct-model-bill-07162019-pdf-1.pdf. For background information see the FBA website at: https://www.fedbar.org/government-relations/policy-priorities/article-i-immigration-court/. 31 https://www.naij-usa.org/images/uploads/publications/NAIJ_endorses_FBA_Article_I_proposal_3-15-18.pdf. 32 https://www.naij-usa.org/images/uploads/publications/AILA_Resolution_Passed_2.3_.2018_.pdf. 33 https://www.fedbar.org/wp-content/uploads/2019/10/19070802-pdf-1.pdf. 34 https://www.aila.org/advo-media/aila-correspondence/2020/advocates-call-on-congress-establish-independent

35 Available at: https://www.nawj.org/blog/newsroom/counterbalance-archive/nawj-counterbalance-spring-2020-volume-19-issue-1, pages 5&6. 36 https://immigrationcourtside.com/wp-content/uploads/2020/03/AFJ-letter-to-Chair-Lofgren-and-Ranking-Member-Buck-3.30.20.pdf. 37 https://www.nycbar.org/member-and-career-services/committees/reports-listing/reports/detail/independence-of-us-immigration-courts. SUMMER 2021 20

expressions of support which I have failed to the power to initiate legislation to make it to ensure judicial independence and include. happen, and Rep. Lofgren’s position as protection from political interference.”42 Chair of the Subcommittee, her support is (highlighting supplied) The highlighted Public & Political Support especially important. The Subcommittee quote is a clear signal of support by the staff has reportedly prepared a draft bill to Senators signing the letter for adoption of Endorsements have been growing in the create an Immigration Court which is an Article I court. public sector as well. pending internal processing to ready it for introduction. The forceful endorsement of an Article I • In August 2020, the Democratic Party Immigration Court in the Sunday New York adopted a platform plank stating: There is clearly some support in the Senate as Times,43 May 9, 2021, is particularly “Democrats believe immigration judges well. powerful given the paper’s prestige and the should be able to operate free of huge circulation of its Sunday edition inappropriate political influence, and will • In the prior Congress, (the 116th), as nationwide. Such an endorsement could well support steps to make immigration courts mentioned above, hearings were held by galvanize more support. more independent.”38 the Senate Judiciary Subcommittee on Border Security and Immigration, on April Conclusion • The Biden-Sanders Unity Task Force, 18, 2018, on the topic of “Strengthening which met during the 2020 Presidential and Reforming America’s Immigration In conclusion, history of the efforts to campaign, embellished the above plank Court System.” Thereafter, on March 19, with the recommendation of: 41 establish an independent Article 1 U.S. 2019, Sen. Hirono introduced S. 663 on Immigration Court is not at an end. It is “consideration of Article I designation” behalf of herself and 7 other Senators. with a goal to “making immigration courts ongoing. While the reasons for supporting The bill was drafted to codify Immigration the effort remain basically unchanged more independent, and free from influence Judges’ decisional independence “that is and interference…”39 --assurance of impartial adjudication by the free from political pressure or influence,” Immigration Court free of political • Of huge importance, Rep. Zoe Lofgren, to provide that completion goals may not interference -- the seriousness of the need to Chair of the House Judiciary be used to evaluate performance, and to insulate the Immigration Court from Subcommittee on Immigration and prohibit disciplinary action “for any good “political whims of the Executive,” to quote Citizenship [House Immigration faith legal decisions. ” It set a deadline for Rep. Lofgren, is recognized by an increasing Subcommittee], has expressed her support. promulgation of contempt regulations, number of stakeholders. To quote her again She was quoted in the San Francisco which had been authorized by prior more precisely: Chronicle during October 2020 as stating: legislation, but never promulgated. While S. 663 did not provide for a court “[T]he immigration court system should be an “[T]he immigration court system should independent of the Justice Department, be an independent body, separate from independent body, separate from DOJ and and was not enacted into law, it free from the political whims of the Executive DOJ and free from the political whims of demonstrates concern in the Senate for 40 branch.”44 the Executive branch.” obstacles faced by Immigration Judges in according due process. While legislative prospects cannot be • Seven Senators wrote Attorney General predicted, there is reason to hope, given the Garland on March 23, 2021 asking him to ever building support, that Rep. Lofgren’s address needs of the Immigration Court work to make it happen will reach fruition, system within the Justice Department to and that the idea of an Article I Immigration ensure fair proceedings by making Court can become a reality, so that the long structural changes “in preparation for an recognized structural flaw in the Immigration • Given the Immigration Subcommittee has eventual shift to an Article I court system Court system can at long last be remedied.

38 https://democrats.org/where-we-stand/party-platform/creating-a-21st-century-immigration-system/ Approved by the Democratic National Convention on August 18, 2020. A pdf document can be downloaded from the DNC Website at: https://www.demconvention.com/wp-content/uploads/2020/08/2020-07-31-Demo- cratic-Party-Platform-For-Distribution.pdf The above quote is located on p. 64 of the pdf version. 39 BIDEN-SANDERS UNITY TASK FORCE RECOMMENDATIONS, p. 104. https://joebiden.com/wp-content/uploads/2020/08/UNITY-TASK-FORCE-RECOMMENDATIONS.pdf. 40 https://www.sfchronicle.com/politics/article/Justice-Department-cancels-diversity-training-15635203.php published October 9, 2020. 41 https://www.congress.gov/bill/116th-congress/senate-bill/663/text, S. 663, 116th Cong. (2019) – Immigration Court Improvement Act of 2019. 43 https://www.gillibrand.senate.gov/imo/media/doc/Let.ImmigrationCourtReform.AGGarland.3.23.21.pdf (highlighting supplied) 44 https://www.sfchronicle.com/politics/article/Justice-Department-cancels-diversity-training-15635203.php published October 9, 2020. SUMMER 2021 21

rom the Revolutionary War to present day conflicts, women have proudly served in The number of women the military. During World War I, about 35,000 women officially served as nurses working in many civilian and support staff. During World War II, 140,000 fields has grow significantly, women served in the U.S. Army and the Women’s Army Corps, performing critical jobs such as but only slightly By Justice Eileen C. Moore military intelligence, cryptography and parachute Associate Justice, California Courts rigging. Over 1,000 women flew aircraft for the in the military. Why? of Appeal, 4th Appellate District, Women Airforce Service Pilots. Division 3 In 1948, President Harry Truman signed the Justice Eileen Moore served as a combat Women’s Armed Services Integration Act into law. nurse in Vietnam in the Army Nurse Corps. That was the first time women were recognized as She was awarded the Vietnam Service full members of the armed services. During the Medal, the National Defense Service Vietnam War, 7,000 American military women Medal and the Cross of Gallantry with served in Southeast Asia. The Pentagon’s Combat Palm. She is a member of the American Exclusion Policy for women was lifted in 2013, and Bar Association’s Standing Committee on qualified women were authorized for full combat Armed Forces Law, is an advisor to the positions in 2016. California Lawyers Association’s Military and Veterans Committee and the Orange Despite the fact that women can now serve in all County Veterans & Military Committee.he jobs in the military, the number of women is the author of two award-winning books, Race Results and volunteering to serve is only marginally increasing. Gender Results. Meanwhile in the civilian world, the number of women has been rising in many fields, and their economic clout is dramatically increasing. Women are starting and running new businesses at a rapid rate. In politics, women are being elected all over the country. About a third of the lawyers and doctors are women. While the number of female engineers is not that high, younger women are entering the field at a dramatic pace. More and more, women are the breadwinners of the family and 40% of households are SUMMER 2021 22 now headed by women. their career in the military, as some viewed women are doing irreversible damage to their pregnancy detrimental to mission readiness. A bodies to try to meet those standards. Twice a This article will explore some of the reasons male officer remarked, “I guess it can be year, each has to weigh in, and military eating why the numbers of women are growing in perceived by the unit, not necessarily rightfully disorders are six to 10 times the civilian many areas of the civilian world, but only or wrongfully, that the female has chosen to be equivalent, approaching up to 97.5% as they slightly increasing in the military. Recent pregnant instead of working.” A male enlisted approach the weigh-in. reports of federal agencies draw much needed man said that pregnant service members “are attention to the problems of gender bias and viewed as dead weight.” An enlisted woman High numbers of injuries are another problem reported that military women face. Because of estrogen, “women have been women have fewer muscles and less lean body shunned after mass and greater ligament laxity than men, getting pregnant.” meaning less power and performance. The sexual assaults in the military, and may provide Another enlisted woman described how she dissimilarities in the male and female pelvic some reasons that not many women are entering was hesitant to tell people she was pregnant structure predispose women to a higher risk of or staying in the military. because her unit would be disappointed in her. pelvic stress fractures, femoral fractures, A woman officer said a toxic environment is anterior cruciate ligament, ACL, tears and created when a pregnant woman cannot share other injuries. The diagnosis of pelvic stress DACOWITS the load. fracture has been made in one in 367 female Shortly after Congress enacted the Women’s recruits, compared to one in 40,000 male Armed Services Integration Act in 1948, a DACOWITS also found that some military recruits, a condition that requires a long length federal advisory committee was formed to guidelines for physical fitness are based on of rehabilitation and often has complications. monitor and provide advice relating to service outdated science. For example, height, weight Back injuries are also more common in military women. The Defense Advisory Committee on and body fat standards are inappropriate for women, even when given a lighter load. Women in the Services, or DACOWITS, was women. It points out that improper or ill-fitting established in 1951. The committee is equipment and clothing, such as combat boots, Since 1978, DACOWITS has recommended composed of 20 prominent civilians appointed body armor and sports bras, contribute to the that DoD procure gender specific clothing, by the secretary of defense. It usually meets four high rate of injuries among active duty women. equipment and gear, including running shoes times a year. Its mandate is to provide the designed for the shape of women’s feet, shock secretary of defense with independent advice An article titled “The DoD’s Body absorption capabilities in combat boots to and recommendations on matters and policies Composition Standards Are Harming Female reduce stress fractures, sports bras to prevent relating to the recruitment of service women in Service Members” is listed on DACOWITS’ independent breast movement and reduce the Armed Forces of the United States. website. The article looks at the two parts of breast pain, clothing and body armor the Department of Defense’s body composition specifically made for women’s bodies, and back The DACOWITS group interviews service standard. The first part is the weight for height packs customized for a woman’s body. But the women, questions military leaders and visits calculation, developed nearly 200 years ago by DoD has not fully implemented these military bases to study how the military a Belgian astronomer using a non-diverse recommendations. structure promotes, retains and treats women. Belgian sample. It is called the Body Mass Its last annual report was in 2020. Index and often mislabels people with muscular The Defense Health Board, or DHB, is a builds and those of non-Caucasian ethnicities federal advisory committee to the secretary of That latest DACOWITS report states that as obese. The second part of the body defense that provides independent advice and women are discouraged from joining the consumption standard is the estimation of body recommendations to maximize the safety, military because of concerns about sexual fat percentage, calculated by measuring men health and quality of life for DoD beneficiaries. assaults. Participants in nearly all the focus around their abdomen and neck. But women In November 2020, it reported to the DoD on groups reported that gender bias exists in the are measured around their buttocks, the place health care for active duty women. military. They said that gender bias was more where many women hold the largest deposit of evident in occupational specialties that were fat. One female Marine, who twice competed In its recent report, DHB reported that gender- recently open to women. on American Nija Warriior, was measured related sexual trauma continues to increase. above allowable body fat despite being 30 lbs. The report notes that hypermasculinity and An appendix to the most recent report states below the maximum allowable DoD weight. militarism fosters a climate that supports that pregnant servicewomen were stigmatized military sexual violence. It states that culturally and that pregnancy had a negative effect on the As a consequence of having to meet standards supported gendered roles and military unit. Women believed that pregnancy harmed that were never meant for women, service structure contribute to the staggering number SUMMER 2021 23 of sexual assaults committed by higher-ranked commander there are two types of women who military personnel. The DHB report GAO fly in Combat Air Forces: first, there are the recommends that allegations of sexual assaults The United States Government Accountability “bros,” who have “tough skin” and simply should be reported and investigated promptly Office, or GAO, is an independent nonpartisan shrug off offensive comments, and second including medical forensic examinations. The agency that works for Congress. It is often there are those women who are “easily report states there should be timely referred to as a congressional watchdog. The offended.” The commander told them it is the adjudications and delivery of judgment, and GAO reported to Congress in 2020 regarding “bros” who are likely to be chosen for that, whenever possible, commanders should what is needed for recruitment and retention of leadership positions. reinforce a culture of zero-tolerance. active duty female personnel. According to a Jan. 11, 2021, article in Making matters worse for women, DHB says GAO told Congress that the DoD experienced Military.com, the Marine Corps has been they have limited access to urologic/ slight increases in the overall percentage of training women to be drill instructors. But it gynecologic care or for medical and mental female active-duty servicemembers from fiscal hasn’t been able to take that crucial step of health care after sexual assaults. The report year 2004 through 2018, and that females had assigning women to traditional training says there are limitations in the skillsets of higher annual attrition rates than battalions. When one female noncommissioned personnel to react to assaults. corresponding males. Promotions for the officer asked for such an assignment, she was female enlisted population were lower than told, “We need to find the best man for the The DHB report analyzed pregnancy those for males, but promotions for women job.” That leaves these trained women facing discrimination in all the branches of service, officers were higher than their counterparts. resentment because they don’t have to do the and that the branches do not uniformly apply or The report strongly criticizes the DoD for its work for which they are receiving special execute policies to support breastfeeding. The lack of guidance, plans and goals to retain assignment pay. report states that some military leaders women in their ranks, and told Congress that perceive allocated break times for pumping women officers often do not want to report they As reported by the New York Times Magazine, breast milk as a way for active duty women to were sexually assaulted. Instead of reporting, an Air Force technician was the only woman on avoid work, and that women feel resentment they separate from the service. GAO also a team, but the announcement for a major when they have to do that during working reported to Congress that pregnancy is one of movement was made only in the male barracks, hours. the primary reasons women leave the military. and she was nearly left behind. A Navy woman was assigned to a ship, but was told they didn’t DHB says that gynecology related conditions have anywhere for her to sleep. A woman such as urinary tract infections are more CONCLUSION Marine said, “Being a woman in the military is common in severe climate and environment, Perhaps the problems stem from a disconnect basically signing a sexual assault/harassment but that women have limited access to services between the policymakers and the frontline contract.” for self-care of treatable and preventable personnel charged with applying those urogenital conditions that hinder their policies, because when one views the websites Despite the military’s stated policies, it is still capabilities. It recommends that the DoD allow of the DoD and the military branches, it not equipped to have women in all of its ranks. and enable women to perform self-care by certainly appears that women are desired in the It could very well be that so long as young supplying testing kits and hygiene devices. military. The Army’s Sexual Harassment women are not required to register for the draft Regarding physical fitness, the DHB report Assault Response Prevention program, the way young men are, there will never be stresses that urgent action is needed to SHARP, specifically lists increased training gender equality within the military. The minimize the undesirable gender-associated about these issues as one of itsgoals. The Army National Coalition for Men has been best practices for fitness, safety and has also increased the diversity of body armor unsuccessfully litigating in federal courts for performance. The report notes the to accommodate women’s bodies, such as the years, claiming that male-only selective service musculoskeletal injury risk to women is Female Urinary Diversion Device, FUDD. registration is unconstitutional. Last August, increased by a number of factors. One is that Notwithstanding innovative policies, service the 5th U.S. Circuit Court of Appeals issued both basic training and ongoing fitness-for- women are experiencing bias and sexual National Coalition for Men v. Selective Service duty evaluations have a one-size-fits-all assaults. System, 969 F.3d 546 (2020). That court said approach that does not recognize that women it was bound by stare decisis, citing the U.S. are more susceptible to overuse and lower limb An Aug. 3, 2020, Air Force Times article Supreme Court’s holding in Rostker v. injuries, noting that women attempt to meet stated that promising female aviators feel they Goldberg, 453 U.S. 57 (1981), and ordered the gender-neutral health fitness standards have to stay silent and endure sexual action dismissed. In Rostker, after registration without access to gender-customized harassment to avoid derailing their careers. In for the draft was reinstated in 1975 and equipment. one class, the women were told by the flight Congress exempted women, the high court SUMMER 2021 24 held that Congress had acted within its Congress eliminate the male-only registration service “as a dare,” and then voted against their constitutional authority to raise and regulate requirement and expand it to all individuals of own proposed statute. 89 UMKCLR 217 armies and navies. applicable age. The military provides valuable job training, and often acts as a steppingstone to respected The website for the Selective Service Former members of Congress Duncan Hunter civilian career opportunities. Bias against and Commission says that “if given the mission and and Ryan Zinke, who vehemently disagreed safety for women who seek to serve their modest additional resources, it is capable of with the military’s decision to open combat country is a serious issue that deserves registering and drafting women with its positions to women, reduced the issue of thoughtful consideration. It is no joke. existing infrastructure.” And the March 2020 women serving in the military to a joke, report of the Commission on Military, according to a 2020 law review article. It says Reprinted with permission from the that in 2016 the two proposed legislation that Daily Journal March 9, 2021 National and Public Service recommends that would require women to register for selective

NAWJ and IFPSD Day at the UN

On June 4, the National Association of Women Judges (NAWJ) virtually hosted its fourth annual Day at the United Nations with the International Federation for Peace and Sustainable Development (IFPSD). The program was co-hosted by Col. Linda Murnane, Hon. Lisa Walsh, and Sally Kader. This year’s program focused on women in the Middle East and Africa, as well as on the global impact of COVID-19 on women. The event began with a welcome session that included prominent diplomats and dignitaries, followed by moderated phrase “you can take nothing with you, it’s about detailed discussion of the effect of gender on discussions about witness protection in Rwanda what you can do to help each other now.” This access to humanitarian and civil rights. He and the issues of inheritance and statelessness of phrase was especially poignant when taken in highlighted the interesting discrepancies in gender women. The program wrapped up with NAWJ’s conjunction with the event’s focus on the disparate equality, specifically in Tanzania, where women popular “Tea and Ethics” seminar, a joint effort of and discriminatory effects that COVID-19 responses are gaining more political power, but are still NAWJ and the U.S. State Department Bureau of have had on women internationally. Kader urged subject to discriminatory practices in the home. International Narcotics and Law Enforcement viewers to take to heart that we should not be idle Hon. Joensen pointed to the fact that when a Affairs (INL). Following the Tea and Ethics, IFPSD or indifferent in the face of hate and discrimination, Tanzanian woman gets married, she must move to offered an optional virtual tour of the United but rather it is our duty to stand up and change her husband’s home and forfeit her rights to Nations, led by a docent. Col. Linda Murnane injustices towards women. familial inheritance. However, these practices are announced the beginning of this year’s Day at the being challenged by Tanzania’s first female United Nations to the fiftydomestic and The video closed with an emphasis on the work President, Samia Suluhu Hassan. Since she international judges, diplomats, and governmental Kader and IFPSD do with children to help dismantle stepped into the role three months ago, Pres. dignitaries gathered eagerly in the virtual waiting generational hate and prepare for an inclusive future. Hassan has generated a comprehensive plan to wings. Offering thanks to NAWJ, IFPSD, and INL, amend her government’s policies; one of her first Col. Murnane passed the podium to Hon. Lisa Following Mrs. Kader’s video, Hon. Walsh introduced acts was to expand the country’s high court and Walsh, who set the tone for the day’s discussion the next honored speaker, Hon. Judge Vagn Pruesse selecting new judges specifically with gender by screen-sharing a video created by IFPSD Joensen. Hon. Joensen, a judge of the International equality in mind. In closing, Hon. Joensen noted founder Salwa Kader. The video opened with the Residual Mechanisms Criminal Tribunals, provided a that this push for women’s rights almost SUMMER 2021 25 exclusively originates from female politicians, which discussion of the impact COVID-19 had on the women educate themselves on the hidden issues of gender has the effect of classifying the movement as a of Kigali. The crisis brought the highest rate of teen inequality, such as inheritance, and advocate for “woman’s issue,” not a societal issue. pregnancies to date in Rwanda, worrisome not only for women globally. the social and economic impact on these girls, but also Next, Hon. Walsh introduced Mr. Kaha Imnadze, H.E. because the nation’s age of consent is twenty-one. She The NAWJ Day at the United Nations closed with the Ambassador Extraordinary of Georgia and Permanent also spoke to the disastrous effect that distance ever popular Tea and Ethics session, which took Representative of Georgia to the United Nations. He learning had on young girls, as many were forced to place in virtual breakout rooms. Tobin Bradely, the began his remarks by noting that the crisis created by drop out of school to work or provide health care for Deputy Assistant Secretary of the Bureau of COVID-19 has made the deficiencies in gender equality sick family members. Additionally, as in most parts of International Narcotics and Law Enforcement Affairs across the world more apparent. He remarked that in the world, domestic violence rates in Rwanda increased (INL) prefaced the discussions by reviewing INL’s times of crisis, the most vulnerable, namely women sharply as people were confined to their homes with efforts to advance women’s rights domestically and and children, suffer the greatest. Mr. Imnadze their abusers during lockdowns. To close the session, internationally. He poignantly stated that “no emphasized that empowering women is essential for Ms. Irura left the attendees with a reminder: the most democracy can thrive if it leaves half of its the wellbeing of society as a whole, during and after important thing we can do for each other during population behind,” emphasizing that advancing the COVID-19 crisis. He spoke to efforts towards gender COVID-19 is to have empathy for each and every person women’s rights is non-negotiable in justice reform. equality being made on the state and local levels in in our community, especially as we all struggle through Georgia, where politicians and citizens have the psychological effects of the crisis. As the breakout room discussions commenced, collaborated to create mechanisms specifically geared international and domestic judges were able to towards addressing gender inequality. Georgia has For session two, Mrs. Kader moderated a discussion on freely discuss issues stemming from COVID-19 and recently created two key commissions aimed at the issues of inheritance and statelessness of women gender inequality that they have encountered in the empowering women: the Interagency Commission for with Mrs. Maha Fatha, President of the Committee for judiciary. Many groups agreed that the ability to Domestic Violence and the Commission for Gender Women’s Liberties and Family Preservation in Lebanon, conduct court proceedings virtually should remain in Equality. He noted that while Georgia did not and Mrs. Neziha Laabidi, Peace Ambassador, Social and the toolbelt of the judiciary, as it eases the burden experience a spike in domestic violence during Public Policy Expert, and former Minister of Women and of appearing on people with disabilities and solves COVID-19 lockdowns, that is the exception not the rule. Family Affairs for Tunisia. Mrs. Fatha began with a many jurisdictional issues regarding location. To better address domestic violence, Georgia instituted discussion of the right of women to pass their However, one group noted that delays and a 24/7 hotline and mobile app that provides users with nationality to their children in the Middle East/North adjournments caused by moving to a virtual format legal and psychiatric help or immediately connects Africa (MENA) region. Her work has identified has increased ethics issues by lowering access to them with police if they are in a threatening situation. twenty-two countries in the MENA region that do not courts, begging the question “is slow justice better Mr. Imnadze noted that he believes that the key to allow for mothers to pass their nationality on to their than no justice?” achieving gender equality is to ensure that women are children, instead tying the child’s nationality solely to economically empowered and that countries should the father’s. In Lebanon, the state only gives nationality The breakout groups returned to the main Zoom support women with monetary incentives for to children born to Lebanese fathers and orphans of room together after an hour of discussion. With women-owned businesses. unknown parental origin. This policy directly newfound international camaraderie and an discriminates against Lebanese women who are married increased understanding of how COVID-19 has Mr. Sidi Mohamed Laghdaf, H.E. Ambassador and to foreigners by denying their children the right of impacted judiciaries across the world, the judges Permanent Representative of Mauritania to the United Lebanese citizenship. and hosts expressed gratitude for the opportunities Nations, closed the welcome session with a few brief for communication provided by the Day at the United remarks. He stated that it should be national policy, for Mrs. Neziha Laabidi continued the discussion on Nations. At the conclusion of the event, attendees every country, to empower women in leadership, women in leadership, focusing on the ongoing battle signed off, with some participating in an optional politics, the military, business, and the judiciary. He for female representation across professions in Tunisia. virtual tour of the United Nations. made the simple and impactful statement that During her time as the Minister of Women and Family “women cannot be bypassed in life. Not at home and Affairs, she worked to pass a law that protects women not in the state.” Mr. Laghdaf expressed hope for against all forms of violence, with an emphasis on gender equality in Mauritania, as the new president addressing sexual assault. The law raised the age of has promised that he will clean up corruption in the consent from 13 to 16, criminalized sexual harassment, government and seek a more egalitarian policy base. and established a 24/7 call line for legal and emotional support for suvivors of gender violence. Tunisia has a Next, the first session of the program began with Col. history of supporting women’s rights, having granted Murnane introducing Rachel Irura, Head of the Witness women the right to vote and the right to seek office Support and Protection Section for the United Nations during the nation’s first year of independence from By McLean Ewbank International Residual Mechanism for Criminal French colonialist rule under President Habib McLean g rsuing a J.D. at the University of Tribunals in Kigali, Rwanda. Ms. Irura began with a Bourguiba. Mrs. Laabidi encouraged attendees to Colorado, with a focus on International Law. SUMMER 2021 26 Advancing Racial Equity Through the UN Sustainable Development Goals The urgency for racial rights and the promotion of equality and rule equity is a clarion call of law, articulating an ambitious fifteen-year for the legal achievement timeframe. While it is national profession. As legal governments that have committed to these practitioners objectives, private sector action is also consider how best envisioned. Drawing from this universally to support this accepted agenda offers a comprehensive and global movement, quantifiable framework for tackling the issues the FBA Diversity and that continue to disproportionately impact Inclusion (D & I) minority and impoverished communities Committee collaborated throughout the world. For lawyers to advance with the UN Global the cause of racial equity, they need to Compact to develop a understand how these objectives and their underpinning principles can guide progress comprehensive Certified Program for governments, businesses, finance and for law students studying throughout civil society. the U.S. to promote understanding and action in addressing systemic racism. The program contextualized these efforts within the Public Sector and Civil Society UN Sustainable Development Goals (‘SDGs’) framework. The first session held on October 9, 2020 showcased careers in civil justice. Hon. Offered free of charge over a period of three Nannette Jolivette Brown, Chief Judge, U.S. sessions, the program exemplified diversity in District Court for the Eastern District of terms of race, age, gender, nationality, Louisiana moderated the event entitled How background, and focus areas. Co-badged Lawyers Can Contribute to Civil Justice, and along with the and the UN Global Compact opened the program explaining that lawyers Network UK, it highlighted practical avenues must seek an end to unjust practices and for lawyers to advance the cause of racial policies contributing to the systemic problems equity, either in public-sector work within “embedded in the fabric of our nation.” A government or non-governmental civil society recent report compiled by the American Bar organizations or in corporate work, either Association shows that minorities are badly through a law firm or general counsel’s office. underrepresented in the legal profession. Therefore, Judge Brown encouraged every By Christina Bartholomew The program looked abroad, as well, to recent and pending human rights legislation as a member of the bench and bar to address this Christina Bartholomew is a London-based means to inform and amplify the racial equity inequity, noting that it is an attorney’s American attorney, university educator, and movement. obligation “to help our democracy evolve and founder of Stories Evolved (www.storie- improve so that we all live and thrive in the sevolved.com), a sustainability training and Adopted in 2015 by every nation on the planet, America our forefathers dreamed of and for education consultancy. the SDGs enshrine the enforcement of human which they planned.” SUMMER 2021 27

At the October 9th program, panelists with school recruitment, including attendance at and economic discrimination. distinguished legal careers in the Federal various Law School Association meetings, But the role of Attorney General is pivotal and Courts, in the U.S. Department of Justice, in offers the best chance of drawing applicants, can drive reform through, for example, its State Governments, and in NGOs discussed a in Baca’s experience. Also crucial is supporting handling of police-brutality prosecutions. In range of opportunities for lawyers to influence fellow minority attorneys in their pursuit of Racine’s office, he has focused particular policy and the justice system and to initiate leadership roles within the profession. attention on transforming the juvenile justice impact litigation challenging laws or policies Professor Baca’s activities with fellow bar system from one that is punitive to one that is that unfairly target minorities. They also members, and certainty that his work could rehabilitative and reactive to the underlying offered useful advice for law students improve lives, helped make him resilient to the needs of young people through services that interested in pursuing a public-sector career. challenges of racial bias and discrimination he are trauma-informed. As the recently elected encountered during president of the National Association of Panelist Natasha Lycia Ora Bannan, Senior his career. Attorneys General, he aims to combat hate in Counsel at LatinoJustice PRLDEF, emphasized all its forms, tackling its causes through how important it is for law students to develop Pro bono support is another crucial avenue for education programs and persuading member- the skills necessary to “embody the change you correcting racial inequity. Panelist Kristen Attorneys General to pledge that hate has no want to see,” and suggested students avail Clarke, President of the National Lawyers’ home in their jurisdictions. themselves of “Know Your Rights” or Committee for Civil Rights Under Law, “Movement Law Lab” training. Clinics and explained that her organization draws on the Opportunities for Private Sector internship placements can also help students private bar to pursue litigation supporting a Impact “show up to this historical moment.” These fairer justice system, enhanced voting rights, work experiences offer opportunities to fair access to housing, equal education Lawyers who choose to practice in the understand the law that is relevant to equity opportunities, and the protection of peaceful corporate or law firm setting can also issues. Participation in student chapters of the protest. Founded in 1963 at the height of the contribute to this cause through their role as National Lawyers Guild which works on issues protest movement that led to the Civil Rights trusted advisors to corporate America. Indeed such as the school-to-prison pipeline, or Act, the Lawyer’s Committee is facing a similar the business and service sector represents training to serve as a legal observer to ensure moment in our fight against racial injustice. nearly 90% of global GDP, and 74% of the right to peaceful protest, represents Clarke pointed to the Covid-19 pandemic as an worldwide employment, and their resources additional paths towards developing amplifying factor that heightens the need to offer leverage for driving progress. Moreover, meaningful experience, according to Bannan. address the digital divide in education, voter corporations are increasingly focused on registration challenges, unemployment and engaging on these issues, and the program’s Nevertheless, Bannan acknowledged the homelessness among minority populations, October 23rd second session, How Fiduciary contradictions of marginalized communities prison overcrowding, and reduced access to Duty Can be a Force For Change - The Role of needing to seek justice through a legal system criminal counsel as but a few of the issues the the Lawyer in Advancing the SDGs, explored that has been historically hostile to them. She Lawyer’s Committee is working to address corporate efforts around racial equity and urged the legal community to engage in deep through its vast network of over 200 attorneys human rights and how law firms and corporate thinking about how to evolve the system to providing pro bono legal assistance. general counsel divisions can contribute to address this tension. this effort. Panelist Karl Racine, Attorney General of the Panelist Professor Lawrence Baca emphasised District of Columbia, cited a foundationally Moderator Adam Roy Gordon, Engagement the importance of representation. Drawing biased and discriminatory justice system as Director for the United Nations Global from his rich but often troubled experience as the cause for the disproportionate arrest, Compact’s Network USA, explained that his the first Native American lawyer hired into the prosecution and punishment of minorities. organization offers support to attorneys U.S. Department of Justice’s Civil Rights Bannan echoed this view, explaining that the adapting to the changing context of business. Division, he described the solitude he law wasn’t designed by or for minorities and Indeed, macro-pressures such as international sometimes felt as the only minority present in urged a thorough examination of the legal human rights legislation, increased the courtrooms in which he practiced. Being a system’s complicity in perpetuating racial transparency and disclosure requirements, ‘first’ or ‘only’ brings outsize pressure to those injustice. Indeed, these communities have activist litigation and consumer demand are breaking barriers, Professor Baca explained, often been on the other side of the law which transforming business strategy, as are the and suggested that lawyers who find provides, she believes, important context for desires of job recruits who seek a shared-value themselves in this role should focus on the social justice movement now. Attorney approach to their professional lives whether recruiting minority attorneys and inspiring General Racine added that this systemic they use this terminology or not. them with examples of progress. In-person inequity also underpins longlasting educational SUMMER 2021 28

Understanding this, corporations are Vice President, Corporate Sustainability, such as those undertaken by Citi, help drive considering these issues not just through a Meyerstein asks business clients probing efforts to improve representation. separate corporate responsibility function, but questions about their human rights records by incorporating human rights practices into and commitments. Nevertheless, according to Dunning, their core strategies. Panelist Tim Wilkins, sustainable corporations need to be thoughtful Global Partner for Client Sustainability and a Meyerstein explained that he uses the Guiding about how to build on their existing efforts. At Corporate and M&A partner at Freshfields Principles as a normative framework for PepsiCo, the Summer, 2020 protests prompted Bruckhaus Deringer, said that nowhere was discussions around the corporate duty to self-reflection about its hiring and training this more evident than in the corporate protect, respect and remedy human rights, practices as well as their broader equity goals statements responding to the deaths of George ensuring that the businesses he works with including gender parity since inequities can Floyd and Brianna Taylor. Wilkins identified the understand that these obligations extend “sometimes compound themselves.” Externally, social bonds undertaken by Alphabet and Coca throughout their global supply chain. He also Dunning said, they considered whether they Cola that were inspired by these protests, and advises clients seeking the social and were “sufficiently engaging their minority- explained that these corporations will use this sustainability bonds that finance specific owned suppliers and nurturing that component financing to increase their investment in and initiatives, to ensure that the targets of their value chain.” Finally, the company skilling-up of black-owned businesses and associated with this financing are sufficiently evaluated its advocacy role to see if there were suppliers. This interest in supplier diversity ambitious and achievable. ways they could engage in the political embodies a shift in corporate purpose from the process. As a widely-known brand, he sees Milton Friedman doctrine of the 1970s that ‘the Diversity and inclusion practices sit at the PepsiCo as having an opportunity to show social responsibility of business is to increase heart of racial equity, and corporations are consumers the future “we want to fight for.” profits’ to, as Wilkins explained, a multi- grappling with their sometimes dismal records. stakeholder approach which appreciates the But Wilkins sees business as increasingly Dunning believes every lawyer can make a interests not just of shareholders, but of reflective about the racial make-up of the positive impact no matter what their role, but suppliers, employees, consumers and the voices that contribute to strategic decisions. should be guided by their own personal communities in which an enterprise operates. He believes it’s an exciting time, with lawyers interests. He recommends asking, ‘What able to advance this agenda in ways that questions do I want to answer?’ as a guide for General Counsel divisions must also advise would have been “unimaginable even a few involvement. Gordon echoed this view. “There’s their companies about the potential years ago.” room for this type of sustainability discussion reputational, financial and operational risks no matter where you are in the marketplace.” associated with negative human rights And corporations are demanding diversity But it’s the younger, newer voices that, from impacts. As program panelist Jaren Dunning in-kind from the law firms they engage. Some Wilkins view, are most critical in how we explained, his role as Senior Counsel for even cut fees when firms fail to provide a rethink equity issues. Wilkins sees the remote PepsiCo requires him to not “just say yes or no, sufficiently diverse team. Wilkins explained work necessitated by the pandemic as an but should we?, and how should we?” For that the voices of counsel must connect to the opportunity to advance equity discourse. PepsiCo, that means going beyond legal core business strategy of its clientele, and a Because video-conferencing permits “everyone compliance to evaluating whether an action or diverse legal team is an important way to on a call to have an equal footprint”, new ideas decision meets the spirit of the business’s core achieve this. and voices are being listened to in ways they objectives. Consequently, his fiduciary duty to weren’t before. He believes, and Gordon PepsiCo obligates him to evaluate, manage Wilkins further explained that the use of concurs, this creates an opportunity for young and mitigate PepsiCo’s human rights risks. diversity targets and disclosures must extend lawyers in particular to move the organisation beyond new hires to retention and promotion. towards discussions they care about. To do this, advisors often look to both the SDGs Measurement and disclosure exposes areas of and its complementary framework the UN’s inequity and offer powerful tools for lasting Guiding Principles on Business and Human change. Wilkins sees annual reviews as a time An International View on Human Rights (‘Guiding Principles’). The Guiding to hold managing attorneys accountable for Rights Principles, endorsed by unanimous vote of the their diversity and inclusion efforts both within International human rights efforts are Human Rights Council in 2011, identify the role the firm and externally. Solutions that transfer increasingly guided by the SDG Agenda which of the private sector in understanding, wealth and influence from people in senior November 13th session moderator and preventing and mitigating its human rights positions to those who have struggled to Executive Director, United Nations Global impacts. As panelist Ariel Meyerstein of Citi access these, offer the best hope, he says. Compact’s Network UK Steve Kenzie explained, explained, these principles draw on the legal Meyerstein supports this view noting that has achieved extraordinary global consensus. obligation of due diligence. In his role as Senior radical transparency around racial pay gaps, Kenzie noted that the SDGs reflect a “leave no SUMMER 2021 29 one behind” ethos, which is why, according to argued, that with little enforcement, that can exacerbate racial discrimination and panelist Julie Kofoed, Head of Human Rights at compliance has been poor and that the inequity. The assumptions underpinning the the United Nations Global Compact (‘UNGC’), legislation is under review. ‘marketplace of ideas’ approach to free speech 92% of the goals -- even its environmental have been turned on their head by social targets -- are grounded in human rights According to Leese, frustration with this media, according to Feldstein, and can concerns. market-based approach has led to legislation negatively impact the very political process such as France’s Duty of Vigilance Law which supports protected speech and human In Kofoed’s work with the world’s largest requiring mandatory corporate due diligence rights. Feldstein also identified the tension corporate sustainability initiative, she urges for human rights violations throughout a between data privacy and surveillance, members to prioritize remedying their most business’s global supply chains. The European recognizing that while regulators have a severe human rights impacts first. Union is considering adopting similar legitimate interest in the need to track and Nevertheless, she expressed concern about the legislation but with further consideration being monitor criminal or conspiratorial behavior, gap between corporate aspiration and action given to penalties for noncompliance, such as they must also ensure individual rights.1 in this area, citing that while 90% of the injunctions or criminal prosecution. Finally, UNGC’s signatories have human rights policies Leese described a treaty approach with civil Corporations play a role in this debate as well in place, less than 15% of these businesses and criminal penalties for corporate failure to since many technology business models rely on are actually doing human rights assessments respect human rights. As requirements become the personal data of their users. Many and taking action on the results. There’s clearly more concrete, businesses are increasingly governments have foisted responsibility for much more work to do. Kofoed encouraged law appreciating their need to act, which is a key resolving these tensions onto the private students to educate themselves on the SDGs, development from Leese’s perspective. And it’s sector, said Feldstein. However, some including racial inequities, and to raise the attorney’s job to educate her clients by jurisdictions are beginning to grapple with awareness within local communities, highlighting the risk of inaction. At Clifford these complex issues. In the area of data advocating within law schools for courses and Chance, when onboarding new clients where exploitation, the European Union has programs on the SDGs and human rights. human rights issues are likely to arise, they introduced the General Data Protection will obtain the client’s advanced agreement to Regulation. This development shows how, as But regulation is also a crucial tool for accept advice for remedying abuses, Feldstein noted, “the sharpened angles of this progress, and the program’s final session, The leveraging resignation should a client fail debate are coming to the fore.” The pandemic, Legislative Horizon – An International View of to comply. Feldstein observed, is only “putting a finer Human Rights Protections, offered students a edge on these debates,’ due to valid public glimpse into the laws enacted in or percolating Of course, lawyers must be vigilant not just to health goals being undermined by broad use of through numerous jurisdictions, as well as the corporate-, but governmental-abuse of human citizen data for law enforcement or other approaches and debates guiding these rights. Panelist Steven Feldstein, Senior Fellow governmental objectives. In addition to regulations. at the Carnegie Endowment for International creating a troubling precedent, he worried that Peace in the Democracy, Conflict and citizens would become inured to data collection Panelist Roger Leese, Partner and co-Head of Governance Program, described how state use which may lead to even further exploitation. He Clifford Chance’s Global Business and Human of emergent technologies, such as artificial predicted that in the coming years, both Rights Practice, noted the distinction between intelligence and surveillance, can lead to the governments and businesses will need to ‘soft’ and ‘hard’ law. While the SDGs and exploitation and manipulation of citizens. His rethink the interaction between data privacy Guiding Principles are ‘soft’, in the sense that research shows sharp degradation of and business and governance models using they have no direct binding effect on protections of individual rights and liberties algorithmic exploitation. businesses, they can still serve as the basis across all governance systems including liberal for corporate policies or governmental democracies, over the course of the past Panelist Safaath Ahmed Zahir, Founder of regulations, which is increasingly the case, he decade, accelerating considerably during the Women & Democracy, noted the need for any noted, citing several legal trends. The first is Covid 19 pandemic. new legislation to take an inclusive approach. legislation around corporate transparency and Her organisation, which is based in the reporting which force businesses to publicize Feldstein cited the need for legislation in this Maldives, provides feedback on bills, policies their actions around human rights in the hope area to balance freedom of expression and and initiatives prior to implementation that peer and consumer pressure will force disinformation. In the US, Internet platforms including those regulations that have arisen corrective action. He identified the UK Modern are currently immune from liability for the during the pandemic. While her work is focused Slavery Act of 2015, which aims to tackle the content posted on their platforms. But on gender equity, Zahir believes “gender and 25 million victims of modern slavery worldwide, legislators are rethinking this approach, aware racial inequity are inseparable.” Her as an example of this approach. But, Leese of the proliferation of extreme and hate speech organization raises awareness and advocates SUMMER 2021 30 for increased female participations in the political systems that create regulation. The downward trend of female involvement in Maldives’ Parliament highlights institutional Moments from the barriers to entry. So Zahir’s work empowers women in political, party and parliamentary leadership through public-speaking and Midyear Meeting campaign-strategy workshops that have reached over 600 women. Her organization also educates about human rights. This approach is NAWJ’s successful Midyear Meeting provided also relevant to the racial equity movement. Zahir noted that expectations are higher when excellent education sessions and the annual Tea and those who are marginalized finally do manage Ethics session with breakout rooms by topics, both to obtain leadership positions, a view echoed by Judge Brown and Professor Baca. Zahir were well attended by participants from twenty urged students to nevertheless be relentless in countries. We hope to continue the conversations By Natalia Heguaburo removing the institutional barriers of gender, started in the breakout sessions throughout the year. class, ethnicity, race, educational background Research Intern, University of Virginia and faith traditions that impede positive School of Law social change. Helping Women Return to the Workplace Co-Moderators Judge Maria Salas Mendoza and Nicole Erb, White and Case, LLP Conclusion Nicole Erb shared several articles and “What does ‘return to work’ mean?” Does Leadership in this moment means rejecting studies including: Mothers Anxious to this mean back to where we were? How can complacency and pursuing bold, ambitious break out of ‘she-cession’ and get back to we ensure access and that ‘return to work’ action. As both law firms and their clients face work (CNN, Business, April 1, 2021), provides for equal opportunity and options increased legal, financial, employee, customer Pandemic-Struck Law Reviews Face for women? and societal scrutiny, lawyers must seize this Loss of Women and Diversity moment to lead. From legislation to litigation, (Law360 Pulse, April Judge Carmen Velasquez, organization to education, activism to 1, 2021), How Law President of the New influence, and as trusted advisors to the Firms Are Supporting York State Supreme business community, lawyers can effect Women Lawyers Court Judges, shared change. “We must help our clients do the right in the Pandemic that she was at thing,” Leese said. Indeed, Meyerstein believes (National Law the center of the that lawyers should view themselves as ethical Review, March 17, pandemic in Jackson compliance officers. And ethics must have 2021), Creating Heights, New York. racial equity and human rights at its core. As a postpandemic The situation was Zahir noted, ‘we know how far we’ve come, so recovery for women especially hard hitting we can see how much further we have to go.” in the workplace on Latinos and women. (McKinsey & Company, After many collaborative Many thanks to my co-Chair Mimi Tsankov, March 8, 2021), Work-Life efforts at providing basic needs, she who participated in her capacity as Board of Imbalance: Pandemic Disruption Places formed a non-profit to provide information Directors Liaison to the D & I Committee, our New Stresses on Women Lawyers (ABA, about ill family members to family, assist in FBA Advisory Board including Wylie Perspectives, December 18, 2020). identifying family, providing food (all the Stecklow, Bryan Branon, Brandi Burris, while leading, maintaining and enforcing Lanna Allen, Stephanie Moncada Gomez and Nicole opened the discussion by stating mask-wearing, social distancing and calm Helen Padilla, as well all the distinguished what we all know: that the pandemic was a among very distraught people) and tending moderators and panelists who participated in real hit to women in the workplace. Women to children. Through this effort she learned this ground-breaking program. had to step out altogether or take leave and shared that all of our efforts moving 1 Numerous amendments to Section 230 of the and these choices have continued even forward must be guided by empathy and Communications Decency Act have recently been as the pandemic has eased. She asked, f lexibility. introduced to Congress.

SUMMER 2021 31 New Ways To Address the Old Problem of Sexual Harassment in the Legal Workplace Judge Sheva Sims, Elaine Metlin and guest Cory Amron, the President of Women Lawyers on Guard (WLG)

As background and to lay a foundation, are greater efforts being made in some differences among male colleagues, and Cory briefly discussed Still Broken, WLG’s districts, including in-person presentations the overall sense again was that change will recent report on sexual harassment in the by the Judicial Institute or the AG’s office, require people in positions of power to speak legal profession, including the judiciary, with deeper discussions on the ethical out and make clear that this is a serious and WLG’s new initiative to address the obligation of judicial officers to address the problem. There was general agreement that problem, Conversations with Men. The issue. getting men on board to work on this issue session was then divided into two primary Nevertheless, the feeling was that people would be extremely helpful. topics: (1) Has your courthouse done are still afraid to complain and the disparity anything new or creative to address the of power is nowhere more evident than in a At the end of the session, Judge Sims briefly problem of sexual harassment? (2) How can judge’s chambers. The overall sense of the addressed the issue of same-sex harassment we get more men to become active allies group was that much more can be done but and harassment by women of men, which is against sexual harassment? that will require senior people to speak up underreported and also very serious. and wield their authority. As to the first topic, many courthouses The topic of sexual harassment in the legal require some training videos but not With regard to the second topic, the overall profession, particularly in the judiciary, was much more, and more often it is required sense was that male judges often do not clearly of great concern to the participants, for employees but not judges. Also, data see the issue as a serious problem unless who felt that much more can and should be collection is difficult and the reporting they have personal experience with it, such done to address and eradicate it. process is confidential so the identities of as harassment of a family member. The offenders are not known. Fortunately, there participants observed some generational

What Can the Courts do to Promote Equity? Judge Samantha Jessner and Sarah London, Lieff Cabraser Heimann & Bernstein, LLP

• Play a role in appointing plaintiffs’ counsel • Local rules/standing orders are an practicing in their bar. in complex proceedings, rather than opportunity to express your policies that • Outreach to law students to encourage allowing self-ordering. encourage greater participation for women them to handle pro-bono cases to promote • Nudging—reminding the white guys and persons of color. equity. to make room at the table (juries are • Make proactive efforts to recruit women • Require the lawyer who handled the briefs watching) attorneys and persons of color to assist with to argue the motion. • When making selections about who can indigent defense. • Engage in outreach to LGBTQ chair a committee/set up a new court— • Some courts make efforts to address communities as harder to track inclusion. think about how to be more inclusive in any implicit bias and racism within the judiciary kind of appointment. and require certain trainings for attorneys

The New Normal Judge Tanya Brinkley and Tom Leighton, Thompson Reuters

The pandemic affected everyone profoundly – hard to maintain separation especially in • Complications working with court but often in different ways. work from home scenarios employees as most were work from home • Access to justice concerns as most courts even when judges were in the courthouse Challenges: experienced significant backlogs and • Judge/clerk (partner/associate) relationship • Work/life balance all thrown out of whack almost universal inability to hold jury trials – most judges view it as critical role and a SUMMER 2021 32

mentoring opportunity, much harder to as statistics showed SRLs more likely to services throughout the pandemic – do at a distance make an appearance for video hearing many examples of creative solutions. • Hiring and new employee development and more likely to have witnesses and • So many benefits from remote access to overall much harder present evidence. courts that people feel it’s never going • Complications working with new • Video conferencing a great improvement back to an in-person only model technology for the first time over teleconferences • Bonds strengthened by having • Proliferation of informative webinars was persevered through a long and difficult Current and potential benefits: a very positive development situation through teamwork and a • Access to justice – argument can be • The commitment demonstrated by judges communal spirit. made that it improved for some people, and court staff around the country to particularly self-represented litigants maintaining access to essential court

Racial Inequities as a Judicial Officer Professor John A. Powell, Former Chief Justice Cheri Beasley, Justice Tamika Montgomery-Reeves and Justice Helen Whitener

Professor John A. Powell introduced Professor Powell began the Q&A portion our discretion to identify unfairness. We three accomplished judges who spoke of the event by asking Former Chief Justice need to call it out to ensure fairness in our about their experiences as women of Beasley about how she dealt with the justice system.” She further urged viewers color on the bench. Former Chief Justice racism and sexism in the judicial system. to make change one step at a time. Cheri Beasley of North Carolina, the first She eloquently explained her two-step African American woman ever to serve approach to combatting these inequities: When asked how she has dealt with as chief justice of the North Carolina constructive dialogue and action. She intersectionality in the court, Justice Supreme Court, kicked off the event by Whitener responded, “I tend to see things expressing the importance of African through accommodating eyes, because American voices in the judicial system as an intersectional woman, I am so used because “it matters in terms of how people to being on the outside of the box that I view, trust, and have confidence in the see myself trying to bring people into the judicial system.” She also remarked, “Our box.” She further explained, “We have experiences bring so much worthiness to a lot of power within ourselves, but we the table.” Justice Tamika Montgomery- also have a power to change the system in Reeves, the first African American to which we operate. Speak up when you see serve as Associate Justice of the Delaware unfairness. That’s how change occurs. Be Supreme Court, explained how timing vocal. Be visible. And be vigilant.” When and sponsorship assisted her on her career asked how she engages with being “outside path. She stated, “I stand on the shoulders the box” as an intersectional woman, of so many people who fought battles I Justice Whitener explained, “I have never didn’t have to fight, particularly people of had someone show me implicit bias. It color in Delaware. I have had mentors who has always been explicit. We need to be have taken me under their wing and who detailed how the North Carolina Supreme aware how our unconscious bias impacts made it their mission to watch me succeed. Court created a commission on equity the people we serve. I am a black woman I probably wouldn’t be here without their and fairness, which focuses on creating first and foremost. The only identifiable support.” She further remarked, “Each solutions to combat disparities in North factors about me are my race and gender and every one of us can help open a Carolina courts, and she further urged because I am navigating in a world that door and create a path similar to mine.” viewers to “start a conversation and be doesn’t recognize my other intersections. I Justice Helen Whitener, Justice of the honest about it.” Justice Montgomery- use that to assist people in understanding Washington Supreme Court, spoke about Reeves expressed the importance of privilege. We need to concentrate on the the importance of creating a pipeline recognizing racial and unconscious biases impact our actions are having on each for those after her and the difficulty of in the judicial system. She explained, other.” She concluded by reminding marginalization due to intersectional “Each judicial officer has a tremendous viewers about the importance of treating identities in the judicial system. amount of power and an obligation to use others respectfully. SUMMER 2021 33 Thriving as a Judge and as a Person During and After the Pandemic NAWJ Past President Judge Tamila Ipema, Judge Jeremy Fogel and Dr. Kristen Allott

NAWJ Past President Judge Tamila Ipema has affected the work of judicial officers to seek help and take care of themselves more. introduced panelists Judge Jeremy Fogel, and impacted their health and wellness. the founding directing attorney of the He explained how the ADA just released Dr. Allott emphasized, in order to combat Mental Health Advocacy Panel, and Dr. a study that shows judges are particularly against lowering glucose levels, the Kristen Allott, an experienced clinician and susceptible to anxiety and depression. And, importance of exercise or movement every author of Feel Your Brain, Not Your Anxiety. unfortunately, judges don’t have the sort of hour coupled with consumption of protein This presentation focused on educating support system that one would want to deal and carbs every 3 to 4 hours. This, in turn, judges about ways to reduce and manage with those effects. He further stated, “The produces more energy, mood stability, stress, increase energy and mental clarity, pandemic amplified things quite substantially. decreased depression and anxiety, better and highlight the tools of nutrition and The thing that it amplified the most was sleep, less fatigue, higher metabolism, and mindfulness. Dr. Allott made clear that not isolation in a profession in which isolation has less frequent hunger. Judge Fogel added that fueling the brain properly can aggravate already been noted as a problem. And, on top coping strategies such as emotion regulation, anxiety and depression, and it may even of the pandemic, the year included a difficult meditation, self-care, and gratitude also assist produce hypoglycemia, – the lowering of the political environment. Judges were right in in overcoming feelings of isolation, which glucose – which causes a decreased attention the middle of that. So, it’s a combination of ultimately assists in productivity and effective span and emotional regulation. these things that compounded the isolation.” decision-making. However, on a positive note, Judge Fogel Judge Fogel discussed how the pandemic explained that it has become easier for judges

Continued from page 12 place a person in reasonable fear of harm to Reauthorization Act of 2005 (P.L. 109-271). changes, 45% of LGBTQ IPV survivors themselves or their immediate family or VAWA 2005 reauthorized, strengthened, seeking assistance from victim service intimate partner. and broadened legal tools and grant providers were turned away, and 55% of their programs and increased access to services applications for restraining orders were In addition, VAWA 2000 created the “U visa” for communities of color, immigrants, and denied. Likewise, before VAWA 2013, to protect those survivors who assist law Native Americans. These 2005 Native American IPV survivors seeking enforcement agencies to investigate and improvements added protections for justice against a non-Native American prosecute crime, including domestic violence. battered and/or trafficked nonimmigrants, attacker for an incident on tribal land would This relief is available to a foreign national enhanced penalties for repeat stalking have found themselves in a jurisdictional victim who has suffered physical or mental offenders, and added programs for Native wasteland without effective recourse; VAWA abuse, or another qualifying crime, who has American victims. 2013 closed that loophole and permits information about the crime and is helpful in prosecution in tribal courts. the investigation or prosecution of the crime. Violence Against Women Reauthorization Act of 2013 This reauthorization contained a key change Violence Against Women to the statutory scheme. VAWA 2013 Reauthorization Act of 2005 The Violence Against Women changed the definition of domestic violence Reauthorization Act of 2013 (P.L. 113-4, in the law to include “intimate partners” in In 2005, Congress reauthorized VAWA VAWA 2013) reauthorized and updated addition to current and former spouses. through the Violence Against Women existing VAWA grant programs and added Thus, in 1994 VAWA defined “domestic Reauthorization Act of 2005 (P.L. 109-162, language to make it the first federal funding violence” to include: VAWA 2005) and with A Bill to Make statute to explicitly prohibit discrimination Technical Corrections to the Violence on the basis of actual or perceived gender felony or misdemeanor crimes of violence Against Women and Department of Justice identity or sexual orientation. Prior to these committed by a current or former spouse of SUMMER 2021 34

the victim, by a person with whom the and eliminated the requirement that the of its provisions expanding firearms victim shares a child in common, by a method used to stalk the victim involve an prohibitions to abusers who are not married person who is cohabiting with or has “interactive computer service.” to their victims. In November 2019, Senator cohabited with the victim as a spouse, by a Dianne Feinstein introduced the “Violence person similarly situated to a spouse of the The Success of the Violence Against Women Reauthorization Act of victim under the domestic or family 2019” in the Senate, but by November 2020, violence laws of the jurisdiction receiving Against Women Act the Senator issued a press release blaming grant monies, or by any other adult person Notwithstanding the recent statistical Senate Republicans for stalling the bill. against a victim who is protected from that increases likely due to the pandemic -- person’s acts under the domestic or family VAWA 1994, and its progeny, have been In March 2021, the U.S. House of violence laws of the jurisdiction receiving effective in reducing the incidence of IPV. Representatives passed the “Violence grant monies. Between 1993 and 2008, the rate of IPV Against Women Act Reauthorization Act of against women declined 53% and against 2021” (H.R. 1620, VAWA 2021). VAWA The 2013 reauthorization expanded the males by 54%. During that same period, 2021 largely supports the programs and definition to: IPV-related homicides fell by 26% for women services established in earlier versions of victims, and by 36% for male victims. VAWA. In addition, VAWA 2021 seeks to felony or misdemeanor crimes of violence expand firearms restrictions. Current federal committed by a current or former spouse or Survivor access to assistance has also law prohibits those convicted of domestic intimate partner of the victim, by a person improved measurably. Between 2015 and violence from purchasing firearms, but this with whom the victim shares a child in 2017, VAWA-funded grantees were able to only applies where the perpetrator and victim common, by a person who is cohabitating extend over one million services to about were married, live together, or have a child with or has cohabitated with the victim as 450,000 individuals, including a total of together. VAWA 2021 would broaden this a spouse or intimate partner, by a person 1,260,316 nights of temporary shelter for prohibition to include situations where the similarly situated to a spouse of the victim individuals. A study by the University of perpetrator and victim are current or former under the domestic or family violence laws Kentucky found a 51% increase in reporting dating partners, and also to prevent convicted of the jurisdiction receiving grant monies, of IPV after the pro-arrest policies in VAWA of msidemeanor stalking from obtaining or by any other person against an adult or went into effect. LGTBQ IPV survivors can firearms. Since domestic violence has been youth victim who is protected from that now access services such as shelters, found to be a common cause of homelessness, person’s acts under the domestic or family referrals, and counseling that they had been VAWA 2021 includes provisions to assist violence laws of the jurisdiction. denied before VAWA 2013 was enacted. victims in federally assisted housing to get Non-citizen survivors can now access relocation vouchers, keep their housing after Efforts to pass VAWA 2013 met with more services without depending on abusive the abuser leaves, or to terminate a lease significant political opposition than had spouses or partners: Petitions for legal early. VAWA 2021 also requires government earlier VAWA reauthorizations. status under the VAWA provisions have agencies to consider the safety of transgender increased fourfold between 1997 and 2011, persons when making in-custody housing Fortunately, the National Association of from 2,491 to 9,209. assignments; and empowers tribal courts to Women Judges joined as a strong voice in prosecute non-Indians for sex trafficking, support of the law. Opponents attempted to sexual violence, and stalking. limit VAWA 2013’s reach, but ultimately the Violence Against Women Act adopted measures expanded federal Reauthorization Efforts Since 2018 Before a VAWA reauthorization bill can be protections to persons who identify as gay, signed into law both houses of Congress must lesbian, and transgender, and to Native Despite strong advocates such as the National agree on a version. While the House of Americans and immigrants. Association of Women Judges, VAWA’s grant Representative passed its version in March authorizations expired in 2018. Since then, 2021, the Senate has yet to act. Although no VAWA 2013 also added federal criminal multiple bills have been introduced in date is set, the Senate is expected to vote on sanctions for specific types of IPV. Pursuant Congress to reauthorize VAWA’s grant reauthorizing VAWA in 2021. President to VAWA 2013, assault of a spouse or funding, and also to expand or refine its Biden has urged Congress to address the intimate partner by strangulation or reach. For instance, in April 2019, the House lingering, ongoing problem of intimate suffocation is now a distinct federal crime. of Representatives passed the “Violence partner domestic violence by expanding the Additionally, the law expanded the definition Against Women Reauthorization Act of protections offered by VAWA. This is what is of cyberstalking to include the use of any 2019” (H.R.1585), but the progress of this called for in VAWA 2021. electronic communication device or service, Act in the Senate stalled, primarily because SUMMER 2021 35

DISTRICT ONE (MA,ME,NH,PR,RI) DISTRICT DIRECTOR: Massachusetts, Maine, New Hampshire, Hon. Mary Dacey White Puerto Rico, Rhode Island Brookline District Court, Massachusetts Email: [email protected]

Judge MaryLou Muirhead has been doing an NAWJ and I am reaching out to the other recent President Biden for a seat on the U. S. District excellent job with her Law School Outreach women appointees here in Massachusetts. We Court for Massachusetts. Committee. As a result of her events at the also have a new Judge from New Hampshire that various law schools the District has 7 new law has joined and I will write to her as we do not The New England area is finally opening up school members. I have reached out by email have an email address. and jury trials are being scheduled. The region to them. should be fully opened by Labor Day. Hopefully NAWJ, members Hon. Maureen Walsh has been we will be able to hold some functions and The district also has had a few new judges elevated to the Massachusetts Appeals Court events in fall of 2021 and throughout 2022. appointed and Judge Janet Bostwick has joined and Ho. Angel Kelley has been nominated by

DISTRICT TWO (CT, NY, VT) DISTRICT DIRECTOR: Connecticut, New York, Vermont Hon. Kathy J. King Supreme Court of New York, Kings County Email: [email protected]

District Two extends kudos and congratulations to: Condolences Commencing in February and concluding on Law • Judge Laura Taylor Swain who was appointed Day, May 1st, 2021, the series consisted of four Chief Judge of the District Two mourns the passing of Lifetime parts: United District Court Member Justice Donna Mills. Justice Mills recently retired from Bronx Supreme Court, Civil Session 1- Why Law School? Should I Attend of the Southern Law School District of New York Term after serving 28 years on the bench. She will be greatly missed. Session 2- I’ve Decided to go to Law School. • Justice Baahati Pitt Now What? who was appointed Programming Session 3- I’ve survived Law School, What’s Associate Justice Next? of the Appellate District Two, in collaboration with Monroe College Session 4- Advancing the Rule of Law Division, First of Criminal and Social Justice, successfully The program was instructive and participants Department. concluded its 2021 COJ virtual speaker series. engaged in robust discussion about the legal • Judge Ruth profession utilizing the Zoom chat feature. There Shillingford on her were over 90 participants and certificates of retirement. Judge completion were given to students who attended Shillingford served all four sessions. on the NYS Supreme Court, Criminal Term District Two Pilot High School Internship and is an active Program member of NAWJ. District Two is developing an online virtual SUMMER 2021 36

program with Saint Barnabas High School in NAWJ NY Chapter Activities Association the Bronx. Program roll out is targeted for March 25, 2021 - Celebrating Women’s History September, 2021. NAWJ NY Chapter collaborated with a number of bar and judicial associations to provide – A discussion on the “The Role of Women’s Organizations in Shattering Glass Ceilings – NAWJ dynamic programming opportunities for the bar District Two Membership NY and Franklin H. Williams Commission, NYS and bench including: District Two welcomes new and renewing Judicial Commission on Women in the Courts, members who have joined NAWJ under the 2021 March 8, 2021 - Juror Perceptions of Women and the Women’s Bar Association of State of membership initiative of NAWJ NY Chapter Litigators – NAWJ NY and Bronx County Bar New York President Shirley Troutman: Darcel D. Clark, Association, Bronx Women’s Bar Association, May 20, 2021 - NAWJ NY presented the film Amy H. Hsu, Esq., Dweynie Paul, Theresa and Franklin H. Williams Judicial Commission Belly of the Beast via Zoom with various Whelan, Christina F. DeJoseph, Kathy G. March 18, 2021 - Discussion with Professor co-sponsors. This powerful film exposes the Bergmann, Donna-Marie E. Golia, Wanda Y. Marci Hamilton on Making History and Paving pattern of non-consensual illegal sterilizations in Negron, Chris Ann Kelley, Judith Lieb, Meredith the Way As A Law Clerk with Justice Sandra Day women’s prisons. A Vacca, Rachel E. Freier, and E. Grace Park. O’Connor- NAWJ NY and Brooklyn Women’s Bar

DISTRICT THREE (DE,NJ,PA,VI) CO-DISTRICT DIRECTORS: Delaware, New Jersey, Hon. Sandra Ann Robinson Hon. Avis Bishop-Thompson Pennsylvania, State of New Jersey Superior Court, New Jersey Virgin Islands Email: [email protected] Email: [email protected]

APRIL - Judges Bishop-Thompson and Sandra Associate Justice before several hundred guests attending the Ann Robinson attended the April 15 and16, 2021 JAMAICAN CIVIC & CULTURAL ASSOCIATION NAWJ virtual mid-year meeting and leadership Fabiana Pierre-Louis, first Black woman to OF ROCKLAND, INC. (JAMCCAR) awards conference that included a Resolution Committee serve on the court. Each attendee received luncheon “Honoring Trailblazing Women in the meeting and a National Directors meeting. a carry-bag containing a dictionary, the Law”. JAMCCAR is a non-profit organization constitution and legal whatnots. The participant established 30 years ago offering myriad A successful virtual “Color of Justice Program” population including panelists and students educational, cultural and social programs for (COJ) was held in APRIL. The two and one-half was approximately 173 (includes students who residents of Rockland County, New York. Five hour program included college and law school attended a group session and/or doubled-up to New Jersey and New York attorneys were honored scholars, high school upper class persons, watch the Program. District III looks forward to a for their legal expertise. The honorees were paralegals, professors, State Supreme Court seminar presentation “Successful COJ Programs” invited to become Amicus members of NAWJ. Justices and panelists employed in diverse areas during the October 6-11, 2021 NAWJ Annual of law – corporate law, prosecutors, defense meeting and conference in Nashville, Tennessee. JUNE - The District III goal for each state to seek counsel, Delaware State Chair Hon. Vivian and sign-up five new members each month between Medinilla, New Jersey’s newest Supreme Court MAY - Judge Robinson was the keynote speaker July 1st and December 31st remains in force!

DISTRICT FOUR (DC,MD, VA) DISTRICT DIRECTOR: District of Columbia, Maryland, Hon. Anita Josey-Herring Virginia Chief Judge Superior Court of the District of Columbia Email: [email protected]

District 4 is working with the D.C. Department of mothers with NAWJ members of District 4 in a Toni Clarke and Anita Josey-Herring co-chaired Corrections to finalize a Women in Prisons Program virtual format. District 4 members believe that this the successful 16th Annual Meeting with the event that will provide incarcerated women at the event will help increase communication between Women’s Congressional Caucus with committee D.C. Jail with an opportunity to write poems to their women and their children which is often strained members Sharon Goodie and Ann Breen-Greco, children. These poems will also be shared by these due to the parent’s incarceration. titled Reimagining Access to Justice; Post Pandemic. District 4 has had a number of new members join volunteers for Officer positions for the next term. for Women has been rescheduled for September our ranks and has sent welcome letters to those Moreover, District 4’s Women Moving Forward 23, 2021, providing the COVID-19 pandemic is new members. District 4 will also be seeking Conference at the Maryland Correctional Institution under control.

DISTRICT FIVE (FL,GA,NC,SC) DISTRICT DIRECTOR: Florida, Georgia, North Carolina, Hon. Tanya Brinkley South Carolina 11th Judicial Circuit Court, Miami, Florida Email: [email protected]

Our goal continues to be identifying, extending, April 1st and will repeat quarterly. We thank the areas of interest. All of the Florida law schools, and and retaining membership to legal professionals editor, South Carolina State Chair Judge Mincey, many other law schools were invited. Florida State who support the NAWJ mission. This has been along with member Katherine Chin, Esq., who Co-Chairs Judge Yery Marrero and Judge Lody best accomplished by looking to vary and expand did a phenomenal job and are committed to our Jean and Jabari Caldwell and Kayla Mosquera, our 100 members to include not only judges, but newsletter. Esq. did a fantastic job organizing this program. lawyers, law students, and legal academia. We solicited young lawyers and law students to identify On February 24, 2021, in conjunction with the Future programming will continue to include co- and recruit other young lawyers/law students to join Weiss Serota Helfman Cole + Bierman and in sponsors to support programming success. The and infuse new energy into NAWJ. commemoration of Black History Month we co- Florida Bar Diversity and Inclusion Committee and hosted “Breaking Barriers” featuring Florida’s Florida Supreme Court Standing Committee on We have been very fortunate to have volunteers African-American legal leaders. Thank you, Diversity and Inclusion will continue to co-sponsor Jabari Caldwell, a 2L at St. Thomas Law School, Katherine Chin, Esq., for including NAWJ in this shared mission-driven events. Our 2021 calendar and Kayla Mosquera, Esq. Kayla is taking the lead special program. includes the following events: in exploring the Clubhouse platform to create a Color of Justice United room to increase diversity In March 2021, we hosted, “Women of the Appellate Summer 2021 TBD - Health and wellness virtual in the profession by targeting young professionals Court” featuring the female judges of the Florida happy hour membership recruitment program and students to consider the law and the judiciary. Third District Court of Appeals. It was attended featuring medical professionals to discuss This will also allow the judiciary to better connect by over 100 participants with countless voluntary disparity in the medical professional related to with mentees. Jabari increased event participation bar association co-sponsors. This program was recent discussions of minority women and their and was central to our planning and engagement moderated by Florida State Co-Chair, Judge experiences, as well as tips for new mothers, with the targeted group. She also worked overtime Laura Cruz, who did an amazing job. And we co- menopause issues, and other issues affecting women. connecting with all of the Florida law schools to sponsored “Black Women in the Judiciary”, with the ensure they are aware of our programming and will Georgia Association of Black Women Lawyers with 9/23/2021 - Bar to Bench – We will expand the participate in law student geared activities. open and candid conversations among Black female program to a diverse mix of state appointed/elected Judges. The program featured female judicial judges, ALJs, Immigration Judges, etc. to encourage The following State Chairs were appointed. legends of Georgia. Our Georgia State Co-Chairs careers in the various judiciary/quasi-judicial roles. Florida – Judge Laura Cruz, Judge Lody Jean, and Judge Shana Rooks Malone and Judge Kimberly 10/21/2021 - Color of Justice/Diversity in Judge Yery Marrero; Georgia – Judge Kimberly Esmond Adams put together an amazing program the Profession – We will be seeking a panel of Esmond Adams and Judge Shana Rooks Malone; in collaboration with their local bar. judges who are trailblazers in their unrepresented North Carolina - Judge Kimberly Best; and South community and committed to raising awareness, Carolina – Judge Danette Mincey. I thank the On April 6, 2021 and April 8, 2021, we presented “A inclusion, and inspiring young lawyers to see State Chairs for their commitment to NAWJ ensuring Day in the Life”, which was recorded and featured themselves in the legal profession. that our programming remained very active through 16 lawyers and 5 judges. This two-part program is 11/16/2021 - Good Guys - We are partnering the pandemic. newly created for District 5 and discussed public/ with the Florida Association of Women Lawyers private sector careers and was geared to law (FAWL) with a panel featuring men who support We proudly resurrected the District Five Newsletter students and young professionals. The panelists the success of women in the legal profession to connect the D- 5 community. The newsletter is discussed how they landed their job, what they do and demonstrate the same through mentorships, shared throughout the district to announce events, on an average day, and what skills are useful. The internships, career advancement, and leadership accomplishments, and other practical information goal was to expand the vision of possibilities for opportunities. to our membership. Issue 1 was released on aspiring lawyers so they can widen their potential DISTRICT SIX (AL, LA, MS, TN) DISTRICT DIRECTOR: Alabama, Louisiana, Mississippi, Hon. Lynda Jones Tennessee Davidson County Court, Tennessee Email: [email protected]

The Metropolitan Nashville-Davidson County Cable member not currently serving on the Board advancement. General Sessions Court Judge Lynda Jones was of Directors who exemplifies leadership through awarded Nashville Cable’s Spirit of Leadership personal and professional accomplishments which We are busy planning the NAWJ Annual Conference award on June 9, 2021. have inspired and influenced the advancement October 6-0 and hope to see you there! of women. Founded in 1978, Cable is the premier The Spirit of Leadership Award recognizes a leadership organization for women’s professional

DISTRICT SEVEN (MI, OH, WV) DISTRICT DIRECTOR: Michigan, Ohio, West Virginia Hon. Michelle Rick Michigan Court of Appeals Email: [email protected]

Michigan hosted a Face of Justice program Planning to bring the FOJ to Michigan’s Upper Michigan conference planning is taking shape. I with students from Southfield public schools Peninsula in the fall and 2022 continues. Judge am particularly grateful to Laurie Denham and and Cranbrook private school on June 1, 2021. Barkman is leading the effort. TN Judge Barbara Holmes for allowing me to NAWJ member mentors included Justice Megan listen and learn from the TN 2021 conference Cavanaugh, Judge Susan Moiseev, Judge Judge Schlegel’s investiture is planned for planning committee. Shannon Schlegel, Judge Cynthia Arvant, Judge September 10, 2021. Judge Barkman’s investiture Miriam Perry, Judge Mariam Bazzi, 3rd Circuit is planned for October 15, 2021. Judge Rick’s Judge Michelle Rick’s acceptance of the 2021 Administrator and state co-chair Zenell Brown, investiture will be held in Lansing on 9/16 and in Woman Lawyer’s Association of MI Mary S. and law student Jocelyn Flemons. Marquette on 9/20. The Lansing event will be live Coleman Award was shared at the WLAM annual streamed. conference on June 5.

DISTRICT EIGHT (IL, IN, KY) DISTRICT DIRECTOR: Illinois, Indiana, Kentucky Hon. Ann Breen-Greco Independent Administrative Judiciary Professional Email: [email protected]

District 8’s Color of Justice program is moving of human trafficking, immigration, and LGBTQ addressing the very real concerns regarding forward for July. On July 27, District 8 will be youth. safety that NAWJ LGBTQ members would hosting girls from Polished Pebbles, which experience in traveling to states with anti- mentors girls on the south and west side of District 8 has been involved in the matter of transgender legislation. It is clear that there Chicago to empower them. They are interested the resolution on travel ban in states with are also many kinds of legislation in states in having the girls talk to lawyers and judges legislation that is anti-transgender. Civil rights that target communities of color and deny about career paths. District 8 is also working and advocacy organizations are increasingly women’s rights. We are quickly becoming a with the Chicago Mayor’s One Summer alarmed at the number of states passing anti- country where there are concerns about travel program, which has 2,000 students/young transgender legislation - so far 33 states. The to many states which deny rights to protected people. We are in the process of setting a NAWJ LGBTQ Committee is planning education classes. District 8 hopes to contribute to date for to talk to their young people about seminars to provide an understanding on the the development of an NAWJ policy on site careers in the profession. District will be needs of the LGBTQ community. District 8 is selection for conferences. District 8 recognizes co sponsoring the NAWJ Human Trafficking working with the LGBTQ community trying to intersectionality and advocates for an end to Committee’s webinar July 7 on the Intersection find a path of unity to go forward on this, while all discrimination. SUMMER 2021 39

DISTRICT NINE (IA, MO, WI) DISTRICT DIRECTOR: Iowa, Missouri, Wisconsin Hon. Celene Gogerty Judicial District 5 Court, Iowa Email: [email protected]

The Missouri Court of Appeals, Eastern District, away on February 26, 2021. male judges. She hopes to continue her work welcomed Judge Kelly Broniec to our court. with ABA ROLI on judicial education projects. With her appointment, they now have seven The Iowa Organization of Women Attorneys women, six men and one vacancy on the court. hosted a Judicial Bootcamp on April 10, 2021 to Judge Robin Ransom was appointed to the This is the largest number of women judges on encourage women attorneys to pursue judicial Missouri Supreme Court by Governor Mike Parson this court and the first time there is a majority careers. on May 24, 2021. She is the first African American of women. woman and fifth woman appointed to that court, NAWJ member Susan E. Block was recently replacing Judge Laura Stith who retired in March. The Honorable Donna L. Paulsen has formally elected to the board of Missouri Foundation Before J. Ransom’s recent retirement, the court stepped down as a senior district court judge in for Health. In addition, she was named to the had seven women and seven men. Polk County, Iowa. Judge Paulsen was the first inaugural LGBTQA class of awardees by the St. woman appointed as a district court judge in the Louis Business Journal for her leadership in Judge Sherri Sullivan will become the Chief Fifth Judicial District. the community and support of members of the Judge of The Missouri Court of Appeals, Eastern LGTQA community as well as at large. She was District, effective July 1, 2021. United States Magistrate Judge Celeste F. also selected as the Woman of the Year for the Bremer and United States District Judge Greater Missouri Leadership Institute. Chief Judge Mary K. Hoff will be retiring in Rebecca Goodgame Ebinger spoke on January August of this year after more than 25 years on 28, 2021 on judicial security for the Polk County U.S. Magistrate Judge Celeste F. Bremer moved this court and over 6 years on the trial court. Bar Association in Des Moines, Iowa. to Recall Status effective June 1, 2021. She She is the Chief Judge of the Missouri Court of was appointed as a half-time U. S. Magistrate Appeals, Eastern District. The Iowa Organization of Women Attorneys held Judge in 1985 for the Southern District of Iowa. a judicial boot camp on January 16, 2021 to She has held the position full-time since January The Iowa Organization of Women Attorneys encourage women attorneys to apply for judicial 1990. She will continue to work in the Southern (I.O.W.A.) and District 9 of NAWJ are participating positions. District of Iowa, and other Districts as requested. in the 21-Day Grit & Grown Mindset Challenge. She can continue to be reached at Celeste_ The 21 Day Grit and Growth Mindset Challenge The Polk County (Iowa) Women’s Bar Association [email protected]. She’s been a was created to help women attorneys and judges sponsored a presentation on March 11, 2021 on member of NAWJ since 1985. She completed her develop and enhance their grit and growth the CROWN Act and race discrimination based Doctorate in Adult Education in 2002 at Drake mindset by consistently engaging in short, daily on natural hair. University; her dissertation topic was on Judicial challenges: reading thought provoking articles, Occupational Stress. Not surprisingly, she found watching videos, reviewing case studies, and Iowa Senior Judge Annette Scieszinski passed that women judges had higher stress levels than taking concrete, habit-forming actions.

DISTRICT TEN (KS, MN, NE, ND, SD) DISTRICT DIRECTOR: Kansas, Minnesota, Nebraska, North Hon. Cheryl Ann Rios Dakota, South Dakota Shawnee County District Court, Kansas Email: [email protected]

Kansas Governor Laura Kelly has appointed appellate briefs. Judge Hurst will be the a child growing up in a single-mother family Judge Lesley A. Isherwood and Judge first woman of color serving on the Kansas with parents who didn’t graduate from college. Jacy Hurst to serve on the Kansas Court of Court of Appeals. Judge Hurst was a partner “As a child, I experienced divorce, violence, Appeals. A former prosecutor, Judge Isherwood with the law firm Kutak Rock LLP in Kansas homelessness, poverty early on, and those argued more than 100 cases before Kansas City, Missouri. However, Judge Hurst’s first were my introductions to the law,” Hurst said appellate courts and has authored over 1,000 encounter with lawyers and judges came as at her confirmation hearing. “That’s where I SUMMER 2021 40 met my first lawyers and judges.” She said her now serve in an elected or appointed office Jenny Starr, Minnesota Office of Administrative experiences led her to volunteer at a domestic of public trust. Judge Rios also received the Hearings; Chief Judge Patricia Milun, violence shelter, and all that drove her to Women Attorney Association of Topeka’s Chief Minnesota Workers’ Compensation Court practice law. Justice Kay McFarland Award. The award of Appeals; and Chief Judge Wendy Tien, recognizes an individual who has achieved Minnesota Tax Court. professional excellence in her field and has “I am also proud to celebrate a more influenced other women to pursue legal representative democracy today. With women careers, opened doors for women lawyers in now presiding over Minnesota’s appellate and a variety of job settings that historically were executive branch courts as chief judges, this is closed to them, or advanced opportunities for a historic moment for our state.” women within a practice area or segment of the profession. Nebraska Governor, Pete Ricketts appointed Tressa M. Alioth of Bennington as District Court For the first time in Minnesota State’s history, Judge in the Fourth Judicial District in Douglas Judge Jacy Hurst all chief judges serving on Minnesota’s County, Nebraska. Alioth, 47, worked as deputy appellate and executive branch courts are county attorney in the Douglas County Attorney’s In other news, NAWJ District 10 Director, Judge women! Chief judges of the Minnesota Supreme Office since 1998. Governor Pete Ricketts also Cheryl A. Rios, received the MANA Ring of Court, the Minnesota Court of Appeals, and appointed Lynelle Homolka of Central City as Honor Award from MANA, A National Latina all three Executive Branch Courts are all County Court Judge in the Fifth District. Judge Organization. In honor of Women’s History women: Chief Justice Lorie Gildea, Minnesota Homolka, 46, previously served as Merrick Month, MANA recognized the rapidly growing Supreme Court; Chief Judge Susan Segal, County Attorney and Central Nebraska Youth number of MANA women who have served or Minnesota Court of Appeals; Chief Judge Services Administrator since 2011.

DISTRICT ELEVEN (AR, OK, TX) DISTRICT DIRECTOR: Arkansas, Oklahoma, Texas Hon. Maria Salas-Mendoza 120th Judicial District Court, Texas

Email: [email protected]

Congratulations to NAWJ Members in Austin, served 51 law students and had over 140 =M8fLAD4ufin1oJ74eY7iDHVtMt5n Texas, who held a first ever virtual Color of registrants. Six law students each received a kJ73MDD2qknGdr4&s=ctbnjTQJMi2e0sxH- Justice Program on March 25, 2021. Kudos $1000 scholarship! The planning committee, VWiORX6UlzoZyQyakd2Yj4n5Xc&e to outstanding UT School of Law student, pictured below, did an outstanding job. Laura Rativa, for her educational success Texas Latinx Judges and determination; she received a $1000 Texas Women Judges Day scholarship as part of the COJ program. On May 5, 2021, six NAWJ members launched the In collaboration with Senator Judith Zaffirini, first statewide organization for Latinx judges. A Color of Justice program was held for the women judges were recognized by resolution in Texas Latinx Judges supports the judicial role of first time ever in Houston on April 23, 2021. the Texas legislature on April 13, 2021. With Latinx judges by strengthening the network of and This first ever COJ was virtual, included the help of the Office of Court Administration, connection between Latinx judges, recognizing 21 speakers (most were NAWJ members), the following video highlighted NAWJ in this their contributions to the judiciary, and increasing effort as well as its members. Special thank the advancement and number of Latinx judges. you to Chief Justice Rebeca Martinez, 4th Texas Latinx Judges also encourages judicial Court of Appeals, for spearheading and leading service in the Latinx community and helps to build the program. The video is here: a talent pipeline of future Latinx judges—with the https://urldefense.proofpoint.com/ overall goal of advancing equal justice in the State v2/url?u=https-3A__youtu.be_ of Texas. IcjZRxUCgkc&d=DwICAg&c=JwvUsAi- X5LZee1PnLuWqOrhPik99FZP4DtG Texas Latinx Judges is a nonpartisan, nonprofit RyQ5tXU&r=KLci5MWsjXBgyoc82E association focused on the advancement of UoFsuHqlGaY2V6hIeJBQ3bmMA&m Latinx judges—which includes all female, male, SUMMER 2021 41 nonbinary, transgender Hispanic, Latinx/a/o, Judge Tonya Parker, 116th Civil District Court Judge Award. Chicanx/a/o judges who are of Latin American (Dallas) received the Dallas Bar Association Martin origin or descent, or who identify as such. Luther King Jr. Justice Award in January 2021. The Congratulations to Judge District Judge Renee Membership is open to all current, retired, senior, award is presented to local leaders whose lives and Rodriguez- Betancourt! She has been appointed or former judges in the State of Texas, whether practices exemplify the principles embodied by King’s to serve on two boards. On December 21st, or not they identify as Latinx. All judges—and leadership. Rodriguez- Betancourt, who handles juvenile cases all individuals who believe in our mission—are in the 449th state District Court, was appointed by welcome to join, as Texas Latinx Judges is Great job Judge Patricia Baca for her participation the Supreme Court of Texas and the Texas Court of committed to enhancing inclusion and equal justice on the ABA’s Judicial Division program, Legal Path to Criminal Appeals appointed Rodriguez-Betancourt Equity: The Progress, Challenges, and Perseverance for all. Kudos to founders: Judge Lesley Briones to serve on the Judicial Commission on Mental of the LGBTQ+ Community in the Courts. (Houston), Judge Victor Villarreal (Webb), Chief Health for a two-year term that expires in 2022. Justice Dori Contreras (13th Court of Appeals), On June 9, the Meadows Mental Health Police Congratulations to Supreme Court Justice Eva M. Institute appointed Rodriguez-Betancourt to serve Judge Maria Salas Mendoza (El Paso), Judge for her recognition by the Litigation Section Guzman as board director for a two-year term that ends in Antonia Arteaga (San Antonio), Justice Gina of the State Bar of Texas with its 2021 Luther H. Benavides (13th Court of Appeals), and retired Soules III Award for Outstanding Service to the 2023. Judge Orlinda Naranjo (Austin). For more Practice of Law. information: https://www.texaslatinxjudges.org Judges Rosie Speedlin-Gonzalez and Antonia The Legal Services to the Poor in Civil Matters (Toni) Arteaga were both recognized for their Congratulations to Judge Lora J. Livingston, Committee (State Bar of Texas) has given a well- service during the Covid-19 Pandemic by the San 261st District Court (Austin) for receiving the deserved honor to Justice Gina Benavides by Antonio Crime Coalition Board of Directors on June Jurisprudence Award from the Anti-Defamation bestowing her with its 2021 Pro Bono Excellence 26, 2021. League (Austin) on April 13, 2021. Award, the Judge Merrill Hartman Pro Bono

DISTRICT THIRTEEN DISTRICT DIRECTOR: (AK, HI, ID, MT, OR, WA) Hon. Lisa A. Paglisotti Alaska, Hawaii, Idaho, Montana King County District Court Oregon, Washington Email: [email protected]

District 13 has welcomed 5 new members “The Sum of Us”. Judge Manglona welcomed members of the since January, 2021, and welcomed back Northern Mariana Islands to a tour of the new a returning member. The Book Club met Rafe Majul was appointed to the Washington state of the art federal courthouse. in March and May. In March, we gathered State Interpreter Commission and Linda again via Zoom and discussed the book Coburn was elected to the Washington State We are planning our next statewide Color of “Caste”. The May book selection was Court of Appeals. Justice Program.

NAWJ DISTRICT DIRECTORS

DISTRICT DIRECTORS

District One (ME, MA, NH, PR, RI) District Three (DE, NJ, PA, VI) District Four (DC, MD, VA) Hon. Mary White Hon. Avis Bishop-Thompson Hon. Anita Josey-Herring Brookline District Court Superior Court, New Jersey Chief Judge, Superior Court of the District of Columbia District Two (CT, NY, VT) Hon. Sandra Ann Robinson State of New Jersey District Five (FL, GA, NC, SC) Hon. Kathy King Hon. Tanya Brinkley Supreme Court of New York, Kings County 11th Judicial Circuit Court, Miami, Florida SUMMER 2021 42

District Six (AL, LA, MS, TN) District Nine (IA, MO, WI) District Twelve (AZ, CO, NM, UT, WY) Hon. Lynda Jones Hon. Celene Gogerty Hon. Colleen Clark Metropolitan Nashville-Davidson County Judicial District 5 Court, Iowa Arapahoe County Court, Colorado General Sessions Court, Tennessee District Ten (KS, MN, NE, ND, SD) District Thirteen (AK, HI, ID, MT, OR, WA) District Seven (MI, OH, WV) Hon. Cheryl Rios Hon. Lisa A. Paglisotti Hon. Michelle Rick Shawnee County District Court, King County District Court Michigan Court of Appeals, Michigan Third Judicial District, Kansas District Fourteen (CA, NV) District Eight (IL, IN, KY) District Eleven (AR, OK, TX) Hon. Wendy Coats Hon. Ann Breen-Greco Hon. Maria Salas-Mendoza Superior Court of California, Chicago Administrative Hearing Department, 120th Judicial District Court, Texas Contra Costa County Illinois

STATUS DIRECTORS

Committee Liaison Membership and Marketing Liaison International Director ABA Delegate Hon. Heidi Pasichow Hon. Pennie McLaughlin Hon. Lisa Walsh (2021) Hon. Vivian Medinilla Superior Court of the Commissioner San Diego Superior Court 11th Judicial Circuit Court, Miami, Florida Superior Court of the District of Columbia State of Delaware, Wilmington

NAWJ COMMITTEES AND GROUPS

Committees are the backbone of NAWJ. They enable us to utilize the impressive talents and knowledge of our members to support the work of the organization. Committee chairs and members are appointed each year by the current president. Members’ willingness to participate is greatly appreciated.

ADA Compliance Policy - Hon. Marilyn Paja (Chair) Summer Stephan, Esq. (Co-Chairs) Nominating – Hon. Bernadette D’Souza (Chair) Administrative Judiciary – Hon. Emily Gould Immigration – Hon. Joan Churchill (Chair) Programs and Projects – Hon. Brandy Mueller Chafa and Hon. Susan Lois Formaker (Co-Chairs) International Outreach – Hon. Lisa Walsh (Chair) (Chair) Annual Conference Site Selection – Judicial Education and Academic Network- Resolutions – Hon. Mary Schroeder (Chair) Hon. Marcella Holland (Chair) Hon. Elizabeth Walsh and Hon. Lisa Walsh Retired/Senior Judges – Hon. Joan Churchill (Co-Chairs) Awards – Hon. Cindy Davis and Hon. Ariane Vuono (Chair) (Co-Chairs) Judicial Independence – Hon. Robin Hudson and Rural Courts – Hon. Stephanie Davis (Chair) Hon. Debra Stephens (Co-Chairs) Bylaws – Hon. Fernande (Nan) Duffly and Hon. Self-Represented Litigants – Hon. Wilma Julie Frantz (Co-Chairs) Juvenile Justice and Child Welfare – Guzman and Hon. Mary Sommer (Co-Chairs) Hon. Ernestine Gray and Hon. Joy Lobrano Congressional Women’s Caucus Meeting – (Co-Chairs) Women in Prison – Hon. Cheryl Gonzales and Hon. Toni Clarke and Hon. Anita Josey-Herring Hon. Brenda Murray (Co-Chairs) (Co-Chairs) Law School Outreach – Hon. Marylou Muirhead (Chair) Domestic Violence – Hon. Tracey Flemings- Davillier and Hon. Amy Ronayne Krause (Co-Chairs) LGBTQ – Hon. Kristin Rosi (Chair) Ensuring Racial Equity in the Justice System – Membership Outreach and Retention – Hon. Hon. Terrie Roberts (Chair) Julie Countiss, Hon. Maya Guerra Gamble, and Hon. Kathy King (Co-Chairs) Ethics – Hon. Tam Nomoto Schumann (Chair) Military/Veteran Judges – Hon. Kirsten Brunson Fairness and Access – Hon. Tamila Ipema and and Hon. Linda Murnane (Co-Chairs) Commissioner Nadia Keilani (Co-Chairs) Mothers in Court – Renee Stackhouse, Esq. and Human Trafficking – Hon. Ann Breen-Greco and Hon. Elizabeth Yablon (Co-Chairs) SUMMER 2021 43

NAWJ SPONSORS

LANDMARK SPONSORS The Honorable Mary Becnel (Ret.) Lieff Cabraser Heimann & Bernstein, LLP Thomson Reuters CourtCall Orrick, Herrington & Sutcliffe LLP United Automobile Insurance Company JAMS Sullivan & Cromwell LLP White & Case Robert Kaufman, Esq.

CONTRIBUTORS BENCH Marcine Anderson Janice W. Howe Heidi M. Pasichow Sheila Prell Sonenshine Amy Baggio Vicki C. Jackson Charmaine A. Joy Pemberton Wanda M Stokes Ann M. Butchart Leila R. Kern Rosalyn Richter Siobhan A. Teare M. Claudia Caputi Cindy S. Lederman Sandra Ann Robinson Lynn Tepper Grace M. Casas-Rowe Anita Lee Beverly Russell Patricia J. Titus Myra Chow Thomas C. Leighton Kitty Schild Michele A. Varricchio Yolaine Dauphin Janet C. Malone Mary M. Schroeder Emily E. Vasquez Dana Fabe Michelle (Miki) A. McGovern Julie Shifman Corinne Walker Mary E. Henry Marcella O. McLaughlin Jacqueline Shogan Judith L. Wheat Marcia P. Hirsch Linda S. Murnane Bea Ann Smith

NAWJ NEW MEMBERS SINCE JANUARY 1, 2021

We welcome the following new members of NAWJ: Mr. Robert Ackley, Ackley Law, Libertyville, IL Hon. Patricia Baca, 346th District Court. El Hon. Kathy G. Bergmann, NYS Supreme Court. Hon. Mary Lou Alvarez, 45th District Court, Paso, TX Riverhead, NY Texas, San Antonio, TX Hon. Amy Baggio, Multnomah County, Hon. Beth Boniface, Third Judicial District, Hon. Daniel Anders, Court of Common Pleas Portland, OR Morristown, TN of Philadelphia, Philadelphia, PA Mrs. Clemens Bastos-Soares, St. Thomas Hon. Janet E. Bostwick, U.S. Bankruptcy Court Ms. Danielle Anderson, University of Detroit University, Student District of Massachusetts, Boston, MA Mercy School of Law, Southfield, MI Ms. Abigayle C. Bates, Massachusetts School Mrs. Rajae Bouganza, Massachusetts School Hon. Linda L. Anderson, Henrico Co Juvenile & of Law, Auburn, ME of Law, Winthrop, MA Domestic Relations District Court, Henrico, VA Hon. Rachel L. Bell, General Sessions Music Ms. Monica Briseno, Elkins Kalt LLP, Hon. Kori Lynn Ashley, Milwaukee County City Community Court, Nashville, TN Los Angeles, CA Circuit Court, Milwaukee, WI Hon. Te’iva Johnson Bell, 339th District Court, Hon. Jerri Saunders Bryant, Chancery Court, Hon. Dania Ayoubi, Maryland Office of Houston, TX Athens, TN Administrative Hearings, Silver Spring, MD Hon. Sheila Garcia Bence, Cameron County Ms. Mariah L. Cajuste, Massachusetts School Court At Law No. 4, Brownsville, TX of Law, Holliston, MA SUMMER 2021 44

Ms. Grace Casas-Rowe, Eleventh Judicial Texas, Houston, TX Hon. Vickie L. Henry, Massachusetts Appeals Circuit, Miami, FL Hon. Heather P. Ferguson, 23rd Judicial Court, Boston, MA Hon. Megan K. Cavanagh, Michigan Supreme District, Roanoke, VA Hon. Lakshmi S. Herman, Miami Immigration Court, Lansing, MI Hon. Marlene A. Fernandez-Karavetsos, 11th Court, Miami, FL Hon. Cory M. Chandler, D.C. Office of Circuit Court for Miami-Dade County, Miami, FL Hon. Tracy H. Hewett, State of North Carolina, Administrative Hearings, Washington, D.C. Ms. Jocelyn Flemons, University of Detroit Charlotte, NC Mrs. Katherine A. Chin, Weiss Serota Helfman Mercy School of Law, Detroit, MI Hon. Lynne Hobbs, Los Angeles Superior Court, Los Angeles, CA Cole & Bierman, P.L., Coral Gables, FL Hon. Denise M. Fortenberry, 130th Judicial Hon. Laurie A. Clark, Denver Juvenile Court, District Court, Bay City, TX Commissioner Catherine Hohenwarter, Yolo Superior Court, Woodland, CA Denver, CO Ms. Grace A. Fox, Sims Funk PLC, Nashville, TN Hon. Tara Clark Newberry, Eighth Judicial Ms. Amy H. Hsu, Suffolk County Surrogate’s Hon. Rachel E. Freier, NYC Civil Court, Court, Riverhead, NY District Court Nevada, Las Vegas, NV Brooklyn, NY Hon. Rebeca A. Huddle, Supreme Court of Hon. H. Yvonne Coleman, Circuit Court of Hon. Melissa W. Friedman, Juvenile & Texas, Austin, TX Cook County, Chicago, IL Domestic Relations District Court, Roanoke, VA Hon. Michelle Ialeggio, San Diego Superior Hon. Amy C. Coppola, 8th Judicial District of Hon. Colleen Gaido, 337th District Court, Court, San Diego, CA Kansas, Junction City, KS Houston, TX Hon. Claudia Isom, Florida State Courts, Hon. Natalia Cornelio, 351st District Court, Ms. Holly D. Garcia, Massachusetts School of Tampa, FL Houston, TX Law, Everett, MA Hon. Claudine R. James, Equal Employment Ms. Samantha Coulter, University of Detroit Miss Sovmya George, Massachusetts School Opportunity Commission, Houston, TX Mercy School of Law, Detroit, MI of Law, Lowell, MA Ms. Rachel L. Jensen, Robbins Geller Rudman Hon. Lora C. Cubbage, North Carolina Hon. Jessica Giner, Renton Municipal Court, & Dowd LLP, San Diego, CA Superior Court, Greensboro, NC Renton, WA Hon. Kelli D. Johnson, 178th District Court, Hon. Angelita Dalton, Davidson County, TN Hon. Tiffany G. Gipson, General Sessions Houston, TX Criminal Court, Nashville, TN Court, Gainesboro, TN Hon. Shanice Johnson, State of Arkansas, Hon. Cole Dalton, Office of Administrative Hon. Donna-Marie E. Golia, UCS New York Little Rock, AR Hearings, Pasadena, CA State, Douglaston, NY Hon. Joscelyn Jones, Alameda County Superior Hon. Yolaine Dauphin, City of Chicago Hon. Michaelle Gonzalez-Paulson, 11th Court, Brentwood, CA Department of Administrative Hearings, Judicial Circuit, Miami, FL Chicago, IL Ms. Amani Kancey, Goodwin Procter, Miami, FL Hon. Julie Goodman, Fayette Circuit Court, Hon. David S. Keenan, King County Superior Ms. Elizabeth A. Davies, New Jersey Division 22nd Circuit, Division 4, Lexington, KY Court, Seattle, WA of Law, Southampton, NJ Hon. Marguerite T. Grant, Massachusetts Hon. Chris Ann Kelley, NYS Court of Claims, Hon. Dedra Davis, 270th District Court, Appeals Court, Boston, MA Port Jefferson, NY Houston, TX Hon. Shera Grant, 10th Judicial Circuit of Ms. Mai Pham Kelley, South Texas College of Hon. Christina F. DeJoseph, Onondaga Alabama, Birmingham, AL Law, Student County, Syracuse, NY Hon. Alyson Adams Grine, North Carolina Ms. Bevie Ketel, Massachusetts School of Hon. Patricia Donahue, Central District of District 15B, Hillsborough, NC Law, Madbury, NH California, Los Angeles, CA Hon. Amparo Guerra, Texas First Court of Hon. Jim F. Kovach, Harris Co. Civil Court At Hon. Genesis E. Draper, Harris County Appeals, Houston, TX Law No. 2, Houston, TX Criminal Court At Law No. 12, Houston, TX Hon. Marissa L. Gunn, D.C. Office of Hon. Judith Lieb, New York State, Bronx Hon. Linda Dunson, 309th Family District Administrative Hearings, Washington, D.C. Criminal Division, Bronx, NY Court, Houston, TX Hon. Yahara Lisa Gutierrez, 65th District Hon. C. Renee Little, North Carolina 26th Ms. Ayesha Durrani, South Texas College of Court, El Paso, TX Judicial District, Charlotte, NC Law, Houston, TX Hon. Christina Hale, Court of Common Pleas, Hon. Christy R. Little, General Sessions Court, Hon. Anita Sue Earls, North Carolina Supreme Pottsville, PA Division II, Madison Co., Jackson, TN Court, Raleigh, NC Mrs. Patricia A. Harris, U.S. Army, Fairfax, VA Hon. Thomas Logue, Third District Court of Hon. Ana Escobar, Davidson County General Appeal, Coral Gables, FL Sessions, Brentwood, TN Hon. Lucy Hebron, Wood County Court, Mineola, TX Ms. Alicia MacArthur, Massachusetts School Hon. Elisabeth Espinosa, Miami-Dade County of Law, Saugus, MA Court, Miami, FL Hon. Vivian Henderson, Virginia Beach General District Court, Virginia Beach, VA Hon. Julia A. Maldonado, 507th Family District Hon. April Farris, First Court of Appeals, Court, Houston, TX SUMMER 2021 45

Hon. Jessica Mangrum, 200th District Court Hon. Cathy Anne Riggs, Desert Ridge Justice Hon. Teresa H. Vincent, State of North of Travis County, Austin, TX Court, Scottsdale, AZ Carolina, Summerfield, NC Ms. Shauntel A. Martin, Massachusetts Hon. Veronica Rivas-Malloy, Court of Hon. Beth Walker, Supreme Court of Appeals School of Law, Woonsocket, RI Appeals, First District of Texas, Houston, TX of West Virginia, Charleston, WV Hon. Lynda B. McCafferty, U.S. District Court Hon. Theresa J. Royall, Amelia Juvenile & Hon. Toni M. Wallace, County Court At Law in New Hampshire, Concord, NH Domestic Relations District Court, Amelia, VA Number Four, Richmond, TX Hon. Rickye McKoy-Mitchell, 26th Judicial Hon. Ebony Scott, D.C. Superior Court, Hon. Samantha L. Ward, 13th Judicial Circuit District Court, Charlotte, NC Washington, D.C. of Florida, Hillsborough County, Tampa, FL Miss Jylan Megahed, M E G A H E D, E S Q., Hon. Leah Shapiro, 315th District Court, Hon. Fran J. Watson, City of Houston Inc, La Jolla, CA Houston, TX Municipal Court, Houston, TX Hon. Kimberly Merrifield, Butte County Ms. Dianne Sheridan, Retired, San Anselmo, CA Hon. Teana V. Watson, County Court At Law Superior Court, Oroville, CA Ms. Shamim Shivji, Shamim Shivji Law, #5, Richmond, TX Hon. Bronwyn Miller, Third District Court of Vancouver, BC, Canada Hon. Theresa Whelan, Suffolk County Appeal, Miami, FL Hon. Clarissa Silva, Texas Thirteenth Court of Surrogate’s Court, Riverhead, NY Hon. Nora J. Miller, Mecklenburg Co. Juvenile Appeals, Corpus Christi, TX Hon. Adrienne Wooten, 7th Circuit of Hinds & Domestic Relations District Court, Mrs. Lena E. Silva, Beck Redden LLP, County, Jackson, MS Boydton, VA Houston, TX Ms. Carey Young, University College London, Miss Kumbukeni Mjuweni, Delaware Law Hon. Jennifer L. Smith, Criminal Court, Div. IV, London, UK School, Havertown, PA 20th Judicial District of TN, Nashville, TN Ms. Krisina J. Zuniga, Susman Godfrey, Ms. Kayla Mosquera, HMB, Miami, FL Hon. Susan Solheim, State of Minnesota, Houston, TX Hon. Tracy Nadzieja, Maricopa County Fargo, ND Superior Court, Scottsdale, AZ Hon. Dylan Sullivan, El Dorado County, Hon. Wanda Y. Negron, Bronx Criminal Court, Cameron Park, CA Bronx, NY Hon. Aimee Sutton, King County Superior ABA GROUP Mrs. Bayyinah M. Norbi, Barry University Court, Kent, WA School of Law, Oviedo, FL MEMBERSHIP Hon. Michelle D. Szambelan, Spokane County Hon. Patricia Y. O’Caña-Olivarez, Hidalgo Superior Court, Spokane, WA Have you been meaning to join the County Court at Law No. 9, Edinburg, TX Hon. Lynn Tepper, 6th Circuit Court, Florida, American Bar Association and have Ms. Isabella Oishi, Law Student, Georgetown Dade City, FL not due to cost or lack of time? University Law Center, Washington, DC Hon. Monica Thompson Guidry, Executive Hon. Shanta Owens, 10th Judicial Circuit of Office of Immigration Review, Houston, TX NAWJ can make this process easy and Alabama, Birmingham, AL less expensive ($50 savings) through our Ms. Sherry Thompson-Taylor, San Diego Hon. E. Grace Park, NYS OCA, New York, NY County, Chula Vista, CA new ABA Group Membership. Hon. Nancy E. Parrish, Kansas State District Court, Topeka, KS Hon. Marisa Tinkler Mendez, 11th Judicial If you are a current member of the ABA, Circuit, Miami, FL Hon. Robbie S. Partida-Kipness, Fifth Court you may convert your membership to the of Appeals, Dallas, TX Hon. Chimere Chisolm Trimble, City of Fort group membership before your next ABA Valley Municipal Court, Ft. Valley, GA Hon. Dweynie Paul, Kings County Civil Court, dues cycle. Those whose ABA renewal Brooklyn, NY Hon. Dinsmore Tuttle, Colorado State District date is June through September may Court, Ft. Collins, CO Hon. Annabell Perez, 41st Judicial District begin renewing their ABA dues now Court, El Paso, TX Hon. Meredith A. Vacca, Monroe County through NAWJ. Those whose renewal date Court, Rochester, NY Hon. Miriam A. Perry, 15th District Court, Ann is between October and May and want Arbor, MI Hon. Cindy G. Vanlandingham, Bosque to take advantage of the NAWJ Group membership must submit payment for Hon. Lisette M. Reid, U.S. District Court for County, Kopperl, TX the Southern District of Florida, Miami, FL Hon. Jessica Y. Vazquez, County Criminal your ABA dues by August 15th. Court at Law Number 4, El Paso, TX Hon. Josefina M. Rendon, Harris County More details can be found If Justice Courts, Houston, TX Hon. Julie P. Verheye, St. Joseph Superior here. Court, South Bend, IN you are interested in participating, Hon. Jane M. Reynolds, Spotsylvania General complete this form. District Court, Spotsylvania, VA Hon. Victor Villarreal, Webb County Court at Law II, Laredo, TX SUMMER 2021 46

NASHVILLE October 6-10, 2021