Gender Bias in the Judicial Selection Process Then and Now
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FAWL CHRONICLES GENDER BIAS IN THE JUDICIAL SELECTION PROCESS THEN AND NOW FAWL made a she was elected in 1972 to the Circuit Court for the 12th commitment more than four Judicial Circuit. Lenore Carrero Nesbitt was appointed decades ago to put women to the Dade County Circuit Court by the Governor’s Merit on the bench. The Selection Committee under Governor Reubin Askew in organization’s efforts are 1975. (In 1983, President Ronald Reagan appointed documented in A History Judge Nesbitt to be the first woman on the United States of Florida Association District Court for the Southern District of Florida.) Judge for Women Lawyers Susan Harrell Black was appointed by President Jimmy 1951-2002, which was Carter to the United States District Court for the Middle by published by the late byWendy Wendy Loquasto S. District of Florida in 1979. (Twenty-eight of the 32 women LoquastoHistorian FAWL Mattie Belle Davis judges in federal courts in December 1979 had been Historian (President 1957-58) in appointed by President Carter.) Maria Korvick was 2002. elevated from County to Circuit Court by Governor Bob Judge Davis was, in Graham in 1981, and she became the first Hispanic fact, the first beneficiary of FAWL’s call to action. woman to serve as a Circuit Court Judge in Florida. Judge Although FAWL had adopted a resolution to Natalie Baskin was appointed to the Third District Court commend President Mildred Akerman (1958-59) of Appeal in 1982, and Gisela Cardonne-Dienstag was on her election on November 4, 1958, as Judge of sworn in as a County Court Judge in Dade County the Small Claims of Broward County, and official same year. Hillsborough County had its first woman judge, congratulations were extended to Josephine Susan C. Bucklew, appointed by Governor Graham in Howard Stafford (President 1964-65) on her 1982. (She was elevated from the County Court to the appointment to the Municipal Court of Tampa in Circuit Court in 1986 and then appointed to the federal 1958, FAWL actually participated in Judge Davis’ bench in 1993.) Helen Hansel was invested to the 6th appointment. Michael Isenberg, Chair of the Judicial Circuit in St. Petersburg in 1983. Thirteen years Courts Committee of the Dade County Bar after Judge Grossman had been temporarily appointed to Association, invited FAWL to recommend three the Florida Supreme Court, Rosemary Barkett was women attorneys to be appointed as the 13th judge of elevated from the Fourth District Court of Appeal by the newly expanded Metropolitan Court of Dade Governor Graham, and she became the first woman County. FAWL member Rhea Grossman of Miami Florida Supreme Court Justice in 1985. Beach, who was first appointed to be a Judge of The successes of the late 1970s and 1980s are due in Industrial Claims, was appointed by Governor some part to FAWL creating a procedure to endorse Claude Kirk in 1970 to the Circuit Court for the qualified judicial candidates in its Bylaws. A Judicial 11th Judicial Circuit, and then , as the result of Endorsement Committee was formed to interview temporary assignments, she became the first woman candidates and recommend endorsements. FAWL had a judge to sit on a District Court of Appeal in 1971 and letter-writing campaign in 1979 to the federal Judicial on the Florida Supreme Court in 1972. Other Nominating Commissions (JNCs) and Senators for those women were elected or appointed to various who obtained FAWL’s endorsement. judgeships. Elizabeth Kovachevich was elected in While there were successes for women, there were also 1972 to a six-year term as a Circuit Court Judge in many disappointments and an increasing awareness of the 6th Judicial Circuit. (She was later appointed to gender bias in the judicial selection process. The Volusia the United States District Court for the Middle County FAWL Chapter wrote to Governor Graham in District of Florida in 1982.) Evelyn Gobbie was 1981 to report that the local JNC had never recommended appointed as Municipal Judge of Longboat Key and a woman, although women had applied. Following a panel 6 Spring 2004 • FAWL Journal discussion on sexual bias in the percent of the state’s judges were area more likely to have been courtroom at its annual meeting on women, and 50 percent of those practiced by men than women. Bias June 28, 1985, FAWL committed women were concentrated in Dade, in favor of attorneys in private law itself to further study and work to Broward and Palm Beach Counties. firms also contributed to the eliminate gender bias in Florida. Another 25 percent were in the problem, as did the tacit FAWL President Gill Freeman Tampa Bay area. But even within disparagement of areas of (1984-85) and Dade County FAWL those urban areas, women accounted specialization perceived as being President Sandy Karlan, with the for only 13 percent of the circuit more “female,” such as family law. assistance of Judge Davis, who court judiciary. Women were slightly JNCs gave inadequate consideration introduced them to the justices while better represented in county courts, to women candidates’ successful at Justice Barkett’s investiture, were but South Florida still accounted for management of job, children and a ultimately successful in persuading 50 percent of the total. Id. at 211. spouse. Rather, these Florida Supreme Court Chief Justice Some areas of the state had virtually accomplishments took on negative Parker Lee McDonald to form a no female representation on the connotations for JNCs, which Gender Bias Steering Committee, bench. Of the 16 northwestern focused almost exclusively on bar chaired by Sandy Karlan, which counties, there were only four activities. The JNCs were unduly laid the groundwork concerned with the for the formation of women candidates’ the Gender Bias Women in Florida’s Judiciary child care Study Commission in Statistics confirm that women remain underrepresented in arrangements. The June 1987, chaired Florida’s judiciary. As of April 1, 2004, The Florida Bar reports commission found no by Justice Gerald that there are 19,991 active women members and 46,244 active uniform policies or Kogan, with Gill male members, which yield the following percentages: 30.2 percent standardized criteria for Freeman as Vice women and 68.8 percent men. Yet not one level in the court system evaluating judicial Chair. reflects these percentages. As of April 8, 2004, the Office of State candidates, and it The Gender Bias Courts Administrator reports that of the seven supreme court recommended that the Study Commission, justices, two are women, which equates to 28.5 percent; of the 62 Florida Supreme Court after gathering DCA judges, 13 are women, which equates to 20.9 percent; of and The Florida Bar evidence and holding the 525 circuit court judges, 114 or 21.7 percent are women; and adopt standardized public hearings of the 280 county court judges, 81 or 28.9 percent are women. criteria, including a around the state, prohibition against issued its report in candidates who are 1990. In regard to gender bias in the women judges. Only 14 women members of or frequent clubs that legal profession, the commission held trial judge positions in the entire practice invidious discrimination. Id. found that “[b]ias against women state outside South Florida and at 211-15, 235. lawyers–sometimes subtle, Tampa Bay. Id. Even before the commission’s sometimes flagrant–is evident Defects in the appointment report was final, FAWL began everywhere” and that women were process were attributed to the JNCs. pressing for the appointment of not “represented proportionately in The evidence collected showed that women to the JNCs. The theme at law firms, partnerships, judgeships or a different and higher standard was the August 1987 FAWL Retreat was tenured faculty positions.” applied to women applicants. Id. at “Promoting Women to Positions of Disproportionate numbers of 211-12. Many believed the differing Prominence – Becoming Influential,” “women work in government and standards applied to male and female with President-Elect Andrea Hillyer legal services, [yet] even within these applicants arose because of the discussing the Governor’s specialities, they are not found in disproportionate representation of appointment process and Past policy-making positions.” Gender men on the JNCs. Moreover, some President Diane Van Ness (1986- Bias Study Comm’n, Report of The types of law practice were given 87), herself a member of a JNC, Supreme Court of Florida, p. 196 greater weight in the selection describing that process. In the early (1990) (footnote omitted). Only ten process, such as commercial law, an f BYLAWS, Continued on Page 10 FAWL Journal • Spring 2004 7 1990s, FAWL’s lobbyist, Sandy members monitored the interviews to gender bias still exists in the judicial Allen, would become a conduit to ensure that gender bias was not an appointment process. The American the Governor’s office for judicial issue. FAWL’s perseverance and Bar Association Commission on appointments. In 1994-95, FAWL’s dedication was rewarded when Women in the Profession recently endorsements Fourth DCA published its third report, The resulted Judge Unfinished Agenda: Women and in Barbara the Legal Profession ( 2001), which gubernatorial Pariente found that while great strides had appointments was been made for women in the to the appointed by judiciary, thanks in large part to judiciary Governor President Bill Clinton’s appointment of more Lawton of 100 female judges, women still women. Chiles to the remain underrepresented in the Reports Florida judiciary. The report explains: of Supreme biased Court in Part of the reason for Former Attorney General Janet Reno with Judge Chastain questioning December such underrepresentation by the JNCs in the mid-to-late 1997. may have to do with biases 1990s reenergized FAWL’s Since 2000, FAWL has focused in selection and confirmation commitment to eliminate gender bias its efforts to eliminate gender bias in processes, biases that most from the JNC process.