November 3, 2015
To the Editors:
Despite protestations
by many in the leadership of our State, including those who sit on the
Judicial Nominating Commission, that the lack of diverse gubernatorial
appointments is only a function of “lack of
qualified nominees,” Governor Nathan Deal’s recent appointments to the
three (3) newly created Court of Appeals seats confirms that “lack of
qualified nominees” is not a reason for the lack of diverse
appointments.
The list of nominees
for the Court of Appeals included several highly qualified diverse
candidates who have practiced law and administered justice in a variety
of jurisdictions across the State. The final list
of nominees that was sent to the Governor included three (3)
distinguished African American sitting judges. Yet not one of them was
selected for any of the three vacancies. Instead, the Governor, as has
been the tradition, selected a white female and two white
males to fill these important seats. Only one of the three (3) was a
sitting judge. While there was geographic and gender diversity in his
selection, the Governor appears to have completely ignored the
importance racial diversity as part of his selection process.
In a state where 30.5%
of the population is African American, the Court of Appeals, which
hears cases from all across the state, is now 13% African American – far
from representative of the state population.
There are two (2) African American appellate judges, and one is near
retirement age.
But, judging by recent
actions, representation apparently does not matter to Governor Deal. He
apparently believes that the diverse perspectives of people who don’t
look like him are unimportant and need not
be reflected on the bench above a token level. Evidently, the Governor
does not believe any of the myriad of studies which have established
that diversity enhances the quality of judicial decision-making and
promotes greater confidence in our system of justice.
As a former judge, the
Governor has personal experience of the homogenous composition of
Georgia’s courts, and it is especially disappointing that someone with
this experience displays an apparent lack of sensitivity
to the urgent need for a representative judiciary in our highly diverse
State. It is also disappointing that the Governor apparently did not
believe that diversity and accountability are important on one of our
State’s highest tribunals.
We did not want to
believe those who suggested that that the Governor of our great State
believes that he only represents “some “of the people – those who voted
for him - and not “all” of the people. We did
not want to believe that a Governor who inherits the legacy left by
Governor Zell Miller and Governor Roy Barnes – a legacy of racially
diverse judicial appointments - would turn his back on this legacy and
seek to undo it. How can the Governor not be aware
of and hear the growing unrest amongst lawyers and the general
population that the current judiciary looks less like our state now and
more like the all-white judiciary of the 1950’s?
Despite our
trepidations, we still had a glimmer of hope that this Governor would
“do the right thing” by all of the people of this State whose cases
ultimately end up in the Court of Appeals and turn the tide
toward inclusivity. It was this hope that led us to encourage a group
of highly talented lawyers and judges to allow themselves to be
considered for the recent Court of Appeals vacancies.
Apparently, our hopes were misplaced.
Judge Thelma Wyatt Cummings Moore (Retired)
Former Judge Bettianne Hart
Charles S. Johnson III
Suzanne Ockleberry
Wayne Kendall
Advocacy For Action, Inc.
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