Rx Warning: Quitting Diversity Efforts Too Soon May Result in Harmful Relapse.

• Author: Pettis, Eugene K.

We have all heard the sage medical advice to complete the entire prescribed course of antibiotics for an infection. This decades-old adage was based on scientific fear that partial treatment of an infection could lead to a "super infection." Even during Antibiotic Awareness Week 2016, the World Health Organization advised patients to "always complete the full prescription, even if you feel better, because stopping treatment early promotes the growth of drug-resistant bacteria." (1)

There is a natural human tendency to have the urge to declare triumph in many life situations, often prematurely. As it relates to antibiotic therapy, people want to claim their illness is behind them the minute they feel better. This human tendency has played out even on the political stage. President George W. Bush infamously declared "mission accomplished" in Iraq on May 1, 2003, and stated that it was the end of major combat operations in Iraq. (2) History showed that this claim was premature and that the vast majority of casualties, both military and civilian, occurred after the speech. (3)

In the march toward representative diversity of our judiciary, society is not immune to this human fallacy. There have been many efforts to accomplish greater diversity in our judiciary, and we have seen periodic signs of improvement.

Why Are We Still Having Dialogue About Diversity in the Judiciary?

Just as a child feels better after a few days of antibiotics--even though the infection is still in his or her system--so, too, is society anxious to move on from the topic of diversity at the earliest sign of improvement. One step in the right direction does not complete a journey of advancement. There must be a conscious effort to guard against premature celebration or proclamation of "mission accomplished" before the journey of a representative judiciary is complete. Otherwise, people run the risk of superficially addressing the concerns while allowing an insidious condition to brew below the surface, which would be detrimental to the ultimate goal of establishing and maintaining a healthy judiciary, reflective of all communities.

This article offers a brief historical perspective on the topic of diversity in the judiciary. It looks at Florida's performance in achieving diversity throughout the judicial appointment process (judicial nominating commissions or JNCs) and the bench. Lastly, the article addresses why the accomplishment of diversity and inclusion in the judiciary still matters today.

Historical Challenges

There have been discussions and efforts to address diversity in the judiciary for decades. (4) It's a popular platform item for bar associations, politicians, and citizens. But in truth, little has changed. Results have been inconsistent and significantly lagging behind the rate of changing racial and gender demographics in the general population and in law school graduates. In other words, the applicant pools are deeper, but minority appointments to the judiciary and the JNCs that select the candidates that will be considered for appointment to the bench, are showing only gradual change.

There has been a historical lack of continuity in true diversity initiatives. Simply writing a diversity statement does not yield real and lasting structural change. (5) There's no question that support for diversity is in vogue. Corporations, bar associations, and political candidates say they support such efforts. To say anything else in an ever-diversifying society would be reckless.

Why the Lag in Meaningful Change?

Diversity generally encompasses both demographic characteristics--including gender, race, ethnicity, national origin, religion, sexual orientation, gender identity, socioeconomic background, and physical ability--and professional experiences. It has been shown that bringing diverse experiences and perspectives to bear allows judges to make better informed decisions and increases public confidence in their rulings.

As president of The Florida Bar in 2013-14, I...