The Florida Bar President’s Special Task Force to Study Enhancement of Diversity in the Judiciary and on the JNC’s APPENDICES TO TASK FORCE REPORT 1. The Integrity of Our Judiciary Depends on Diversity, Professor Aaron Taylor, April 2014 2. Demographics of Florida’s State Judiciary 3. Task Force Surveys: Scholars, Charts, and Tables (a) Biographical Sketch of Jay Rayburn, Ph.D. (b) Biographical Sketch of Minna Jia, Ph.D. (c) Charts by Minna Jia, Ph.D. for Task Force Consideration at its April 30, 2014 Meeting (d) Frequency Tables by Jay Rayburn, Ph.D. for Task Force Consideration at its April 30, 2014 Meeting 4. Full Text of Written Responses to Open-Ended Survey of JNC Members, JNC Applicants, and The Florida Bar General Membership. 5. Lists of Slates of Candidates for JNC Appointments and Gubernatorial Resolution of Their Candidacies. 6. Subcommittee’s Report - Recommendations Regarding Recruiting and Mentoring JNC Applicants 7. Subcommittee Report on Local Bar Leader’s Assistance for Newly Appointed Diverse Judges with their Initial Elections 8. The Florida Bar’s 2004 “Diversity in the Legal Profession Report” 9. Where the Injured Fly for Justice, A Summary of the Report and Recommendations of the Florida Supreme Court Racial and Ethnic Bias Study Commission, The Florida Bar Journal, 1991 10. Schuette v. Coalition to Defend Affirmative Action, 133 S.Ct. 1633, 1648, 2013 WL 1187585 (March, 2014) 5663494-1 11. Brief of ABA In re Grutter v. Bollinger, 539 U.S. 306 (2003) (No. 01—1447) (2001) WL 34624916. 12. The Brennan Center for Justice – Executive Summary of Recommendations as Adopted by the Task Force 5663494-1 L W 5 5 . ! b t b ! " " # $ " % .& I " ( & C " t & *+, $ - . " # $ C / " h 12% $ %34 5 %4,6 7888$ " " - . 9" / $ ;$ W . 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" L [ [ C . 7 CDD""" DE D D D D E 7 State Courts System Demographics for Judicial Officers 1/22/14 Male Female White Black Asian/ White Black Asian/ Subtotal Subtotal Grand By Gender and Race Not Not Pacific Hispanic Not Not Pacific Hispanic Male Female TOTAL Hispanic Hispanic Islander Hispanic Hispanic Islander Supreme Court 3 1 1 5 1 1 2 7 District Court of Appeal 43 2 1 46 10 4 1 15 61 Circuit Court 352 18 1 31 402 156 8 1 27 192 594 County Court 174 14 10 198 86 18 1 16 121 319 651 330 981 66.4% 33.6% White Black Asian/ Grand By Race Not Not Pacific Hispanic TOTAL Hispanic Hispanic Islander Supreme Court 4 2 0 1 7 District Court of Appeal 53 6 0 2 61 Circuit Court 508 26 2 58 594 County Court 260 32 1 26 319 Totals 825 66 3 87 981 84.1% 6.7% 0.3% 8.9% Note: 5 vacancies in Circuit Court and 3 vacancies in County Court Prepared by the Office of the State Courts Administrator; Office of Personnel Services C:\NRPortbl\BDS_FTL\CLAMB\5663199_1 Response Rate of the Survey SAMPLE # SURVEYS SENT SURVEYS RESPONSE RATE RETURNED General/Diverse 12,975 * 1582 12.2% Members JNC Applicants 442 135 30.5% JNC Members 204 101 49.5% Perceptions of JNC and Application Process Comparisons by Samples, and by ethnic groups - 1 - 1. Almost all the JNC members (98%) strongly agree or agree that JNC are part of a process that helps achieve judicial selections based upon merit. However, only 68 percent of general groups agree with this statement. Chart 1. Judicial Nominating Commissions are part of a process that helps achieve judicial selections based upon merit 100% 80% 60% 40% 20% 0% General Groups JNC Applicants JNC Members n=100 Total n=1,333 n=130 N=1,563 Strongly Agree Agree Disagree Strongly Disagree Don't Know/No Opinion - 2 - 2. More than half of the total respondents strongly agree or agree that strong political overtones compromise the current judicial nominating process. Among them, only 30% of JNC members agree with this statement. - 3 - 3. Fifty-seven percent of JNC applicants agree with the statement that too often, partisan politics are more important than merit in determining who is selected from a JNC appointment while only 21% of JNC members agree with this statement. Over one half of the general membership/ethnic group also have the view that partisan political plays more important role than merit in determining the JNC appointment selections. Chart 3. Too often, partisan politics are more important than merit in determining who is selected for a JNC appointment 100% 80% 60% 40% 20% 0% General Groups JNC Applicants JNC Members Total n=1,325 n=131 n=99 N=1,555 Strongly Agree Agree Disagree Strongly Disagree Don't Know/No Opinion - 4 - 4. Most of the respondents in all three groups agree overall that the current JNC process is preferable elections. Still, JNC members greatly agree with this statement (88%). Chart 4. The current Judicial Nominating Commission process is preferable to elections 100% 80% 60% 40% 20% 0% General Groups JNC Applicants JNC Members Total n=1,332 n=130 n=99 N=1,561 Strongly Agree Agree Disagree Strongly Disagree Don't Know/No Opinion - 5 - 5. Almost all the JNC members (98%) strongly agree or agree that JNC help to insulate the process of nominating judges from partisan politics. However, fewer JNC applicants (93%) agree with this statement and only one half of the general membership/ethnic group respondents agree with this statement. - 6 - 6. Not surprisingly, 91% of JNC members agree that the current JNC process is working well while less than 40% of the total respondents of all three groups agree with this statement. JNC applicants are least satisfied with the JNC process. Chart 6. The current JNC process is working well; I just choose not to seek a JNC appointment 100% 80% 60% 40% 20% 0% General Groups JNC Applicants JNC Members Total n=1,328 n=130 n=99 N=1,561 Strongly Agree Agree Disagree Strongly Disagree Don't Know/No Opinion - 7 - 7. In general, slightly over one third of the respondents (35%) agree that lawyers from diverse or ethnic groups do not have the same chance as other candidates to be chosen for JNC membership. However, most of JNC members do not agree with this. Chart 7. Lawyers from diverse racial or ethnic groups do not have the same chance as other candidates to be chosen for JNC membership 100% 80% 60% 40% 20% 0% General Groups JNC Applicants JNC Members Total n=1,326 n=133 n=98 N=1,557 Strongly Agree Agree Disagree Strongly Disagree Don't Know/No Opinion - 8 - 8. In general, respondents of all three groups do not agree that lawyers who are women do not have the same chance as men to be chosen for JNC membership. Lawyers who are women do not have the same chance as men to be chosen for JNC membership 100% 80% 60% 40% 20% 0% General Groups JNC Applicants JNC Members Total n=1,322 n=133 n=99 N=1,554 Strongly Agree Agree Disagree Strongly Disagree Don't Know/No Opinion - 9 - 9. In general, only 23% of the total respondents agree with the statement that Lawyers who are Lesbian, Gay, Bisexual or Transsexual do not have the same chance as other candidates to be chosen for JNC membership. Among them, JNC members are the least agreed group. Chart 9. Lawyers who are Lesbian, Gay, Bisexual or Transsexual do not have the same chance as other candidates to be chosen for JNC membership 100% 80% 60% 40% 20% 0% General Groups JNC Applicants JNC Members Total n=1,325 n=130 n=99 N=1,554 Strongly Agree Agree Disagree Strongly Disagree Don't Know/No Opinion - 10 - 10. Only a small percentage of the surveyed populations agree that lawyers who have physical disabilities do not have the same chance other candidates to be chosen for JNC membership. Chart 10. Lawyers who have physical disabilities do not have the same chance other candidates to be chosen for JNC membership 100% 80% 60% 40% 20% 0% General Groups JNC Applicants JNC Members Total n=1,323 n=132 n=99 N=1,554 Strongly Agree Agree Disagree Strongly Disagree Don't Know/No Opinion - 11 - 11. Most of the people think that a veteran who served on active duty in the U.S. military, ground, naval