Work Group to Enhance Administrative Standards Addressing Bias in Court Proceedings

Final Report

Presentation Slides | Written Report

May 4, 2021 Meeting

12:00 p.m.

• Agenda
• Materials
  • Commission on Judicial Performance Presentation
  • San Bernardino Superior Court Presentation
  • Santa Clara Superior Court Presentation
  • Santa Clara Superior Court – Equity and Social Justice Video

In order to support the integrity and impartiality of the judicial system, and to promote a courtroom environment free of bias or the appearance of bias, the Chief Justice has appointed a Work Group to identify improvements and propose amendments to existing Standards of Judicial Administration, standard 10.20 – Court’s duty to prohibit bias. The Work Group should ensure that standard 10.20, last substantively amended in 1997, reflects current law and current understandings regarding the elimination of bias. 

While implicit bias is understood as separate and distinct from intentional discrimination and harassment, there is often significant overlap in the learned behaviors, attitudes, and stereotypes that underlie both implicit bias and harassment and discrimination. Accordingly, the amendments to standard 10.20 should augment the recent actions taken by the Judicial Council to prevent harassment, discrimination, retaliation, and inappropriate workplace conduct based on a protected classification. 

The Work Group should evaluate, among other topics:

• available resources on identifying, understanding, and eliminating bias in courtroom proceedings;
• the evolution of state and federal law on discrimination and harassment;
• the recent recommendations of the Work Group on the Prevention of Discrimination and Harassment, adopted by the Judicial Council in July 2019; and
• California Rule of Court, rule 10.351, adopted by the Judicial Council in January 2020.

The Work Group should specifically consider:   

• the list of protected classifications enumerated in the current standard;
• the optimal role and composition of local bias committees, considering confidentiality issues with receiving and handling complaints, existing complaint avenues, the responsibilities for those who receive complaints, existing education requirements and opportunities, and changes to relevant laws; and   
• other changes to better assist courts in maintaining a courtroom environment free of bias and the appearance of bias

View more information about the work group.

The eight-member work group is comprised of Judicial Council members, including justices, superior court judges, court executive officers and attorneys.

• Hon. Brad R. Hill, Co-chair, Administrative Presiding Justice of the Court of Appeal Fifth Appellate District
• Hon. Stacy Boulware Eurie, Co-chair, Judge of the Superior Court of California, County of Sacramento
• Hon. Carin T. Fujisaki, Associate Justice of the Court of Appeal First Appellate District, Division Three
• Hon. Kevin C. Brazile, Judge of the Superior Court of California, County of Los Angeles
• Hon. Joyce D. Hinrichs, Presiding Judge of the Superior Court of California, County of Humboldt
• Ms. Nancy CS Eberhardt, Court Executive Officer, Superior Court of California, County of San Bernardino
• Ms. Rachel W. Hill, Attorney, Law Office of Rachel Hill & Hill Mediation Services
• Ms. Gretchen Nelson, Attorney, Nelson & Fraenkel LLP

Judicial Council Staff Contacts for the Committee

• Mr. Michael Etchepare, Supervising Attorney, Legal Services, Judicial Council of California
• Ms. Amy Hammond, Attorney, Center for Judicial Education and Research, Judicial Council of California
• Ms. Michelle Brooke, Senior Analyst, Leadership Support Services, Judicial Council of California