Diversity losing ground in the judicial system.

• Author: Pettis, Eugene K.
• Position: President's Page

Essential to our democracy is the public's trust in its existence. Nowhere is the public's trust more important than in the judiciary.

Studies have found that diversity in the judiciary is essential to ensure impartiality, public confidence, and the perception that all members of society are represented on the bench. While our constitutional right is to be judged by a jury of our peers, America has learned an important historical lesson of the value of having a judiciary reflective of our diverse society.

A judicial bench that is inclusive-of race, gender, ethnicity, religion, physical impairment, and sexual orientation-introduces traditionally excluded perspectives and values into judicial decision-making.

In her 1997 Boston College Law Review article, "Judging the Judges: Racial Diversity, Impartiality and Representation on State Trial Courts," law Professor Sherrilyn Ifill found that the interplay of diversities and perspectives can enrich judicial decision-making.

In Florida, these principles have long been recognized by our leadership, Democrats and Republicans alike. But recently, this question is raised: Are we weakening our commitment to inclusion in our judicial system?

For nearly three decades, Florida's citizens realized the benefits of maintaining a diverse bench. Former Governors Bob Martinez (1987-91), Lawton Chiles (1991-98), and Jeb Bush (1999-2007) held diversity of the merit selection process (judicial nominating commissions and judicial appointments) high on their priority lists.

The Brennan Center for Justice, in a 2010 study, "Improving Judicial Diversity," found that the states most successful in maintaining diverse judiciaries have been led by governors, chief justices, and other high-ranking officials who set an inclusive tone to require a systematic approach to ensure that diversity is reflected on the bench.

In 1989, the Florida Supreme Court began an unprecedented examination of racial and ethnic bias in the justice system, producing two reports in 1990 and 1991. Most importantly, leaders from all three branches of government came together to work on eradicating undisputed racial and ethnic bias in our courts.

Interestingly, the joint efforts started with the JNC appointments made by Chiles. In his first year in office in 1991, he appointed 23 out of 26 individuals from racial and ethnic minorities. The following year, Chiles appointed 19 minorities, out of 26 seats, to the JNCs.

In late 1999, Bush challenged the...