When it comes to diversity in the legal profession, we often focus on the federal judiciary, law firms, and in-house legal departments. But where most legal work gets done and lay people have the most contact with the law is in state courts. And the diversity scorecard in state courts often gets ignored. But the Brennan Center of Justice has, since 2019, focused on just this issue, at least for the highest courts in each state. The Center recently updated its State Supreme Court Diversity. The update results, unfortunately, were consistent with prior years and, in a word, are appalling. The Study was based on data shared by Professor Greg Goelzhauser at Utah State University. It is based on detailed demographic and professional information from a number of sources. These sources include biographical statements, obituaries, newspaper articles, and listed membership in affinity organizations. The key findings: In 20 states, no justices identify themselves as people of color. In 12 of these states, people of color make up at least 20 percent of the population. There are no Black justices in 28 states, including the six states where Black residents make up at least 10 percent of the population. There are no Latino justices in 39 states, including the 15 states where Latino residents make up at least 10 percent of the population There are no Asian American justices in 43 states, including three of the four states with the largest Asian American populations. There are no Native American justices in 47 states, even in three of the four states with the largest Native American populations. Across all state high courts, just 18 percent of justices are Black, Latino, Asian American, Native American, or multiracial. By contrast, people of color make up over 40
State Courts and Diversity: A Sad Picture
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