NCSC Publications & Resources

            Online Publications & Resources

            Print Articles & Reports

NCSC Publications & Resources

Richardson, John Gregory.  Bias in the Court: Focusing on the Behavior of Judges, Lawyers and Court Staff in Court Interactions.   Williamsburg , VA : National Center for State Courts, 1997.  (KF8725 .R53)

Establishing and Operating a Task Force or Commission on Racial and Ethnic Bias in the Courts.  Williamsburg , VA : National Center for State Courts, 1995.  (KF9223 .E88 1995)

Herman, Madelynn M. Diversity in the Courts.  Report on Trends in the State Courts, 2002 Edition, National Center for State Courts (December 2002).  Includes best practice list.

Glover, Denise Marie. A Total Approach to Diversity: An Assessment and Curriculum Guide for State Courts. Williamsburg , VA : NCSC, 1997. (KF8700 .G58)

Management of a Court Interpreter Program.  NCSC Best Practice Institute (2002). Describes promising management strategies for court interpreter programs.

“Overcoming the Language Barrier: Achieving Professionalism in Court Interpreting.” State Court Journal – Special Issue. Williamsburg , VA : National Center for State Courts, 20:1 (1996) This article provides information on court interpreting from a judge's prospective, recommendations for judges, and current actions by states across the country in the field of court reporting.

Hewitt, William E. "Court Interpretation: Model Guides for Policy and Practice in the State Courts." Williamsburg , VA : National Center for State Courts, 1995. (KF8807 .H49).  This article provides information on the importance of language interpretation in the courts, training for court interpreters, and a guide for judges concerning the standard for interpreted proceedings.

For further information on court interpretation, please see the Court Interpretation Resource Guide and Court Interpretation Frequently Asked Questions from the NCSC CourTopic Database as well as the NCSC Research Division’s WebPages on Court Interpretation.  These pages include links to the National Consortium for State Court Interpreters. This program has been selected as one of 15 semi-finalists for the 2002 Innovations in American Government Award sponsored by the Kennedy School of Management at Harvard University . 

Hewitt, William E. Court Interpretation Services in the Federal and State Courts—Reasons and Options for Inner-Court Coordination Final Report.  Williamsburg , VA : National Center for State Courts, 1998.  (KF8807 .C68)

Hewitt, William E. Managing Language Problems: A Court Interpreting Education Program for Judges, Lawyers, and Court Managers. Williamsburg , VA : National Center for State Courts, 1997.  (KF8807 .H486)

Online Publications & Resources

Combating Race and Ethnic Bias        

Access and Fairness Fact Sheet.  California Judicial Council (January 2003). California has been very active in their efforts to increase access and fairness in the courts. Recent accomplishments and current projects are outlined.  For links to various race, ethnic, and gender bias reports mentioned in this fact sheet as well as programs and activities, see the California Judicial Council’s website.

Position Paper on the State Courts’ Responsibility to Address Issues of Racial and Ethnic Fairness. The Conference of State Court Administrators (December 2001). This report outlines strategies and goals for the judiciary to confront the issue of race and ethnic bias. These strategies include establishing state court task forces or commissions; developing strategies to promote a representative workforce; improving jury diversity; increasing access to justice; conducting educational, professionalism, and sensitivity awareness programs; promoting diversity in all court appointments; providing adequate interpreter services; engaging in outreach to increase awareness about how the courts work; and providing relevant information about court policy relating to bias.

Stevens, Sylvia.  A New Requirement:  MCLE Rule 3.3 and what it Means to You.  The Oregon State Bar Bulletin (May 2001).  Article describes the new MCLE requirement, approved by the Oregon Supreme Court, which encompasses ethics and professionalism as well as the role of lawyers concerning racial and ethnic issues, gender fairness, disability issues and access to justice.

Ramirez, Deborah et al.  A Resource Guide on Racial Profiling Data Collection Systems: Promising Practices and Lessons Learned.  Department of Justice Monograph (November 2000). This study explains general goals and limitations of data collection, gives recommendations for traffic-stop data collection, and provides recommendations for further study in racial profiling.

Justice for All—Bias Free Behavior and Language in our Courts.  West Virginia Supreme Court Task Force on Gender Fairness in the Courts, Implementation Committee booklet (May 2000).  Booklet provides information on practicing bias-free behavior, dealing with bias in the courtroom, and provides recommendations for alternatives to biased language and actions.

Reducing Racial Disparity in the Criminal Justice System - A Manual for Practitioners and Policymakers Washington , DC : The Sentencing Project (October 2000).  This comprehensive publication discusses the definition and importance of racial disparity, the causes of racial disparity, and the manifestations of racial disparity at key decision points in the justice system.  It also provides a research design to identify and understand racial disparity and offers options for reducing this disparity.

Commission on Race and Ethnic Diversity in the Profession.  American Bar Association. Projects and programs include: the Judicial Clerkship Program, Minority Counsel Program, Minority In-House Counsel Group, the Conference of Minority Partners, the Multicultural Women Attorney Network, and the Spirit of Excellence Awards.

Working to Insure Fairness in Oregon’s Justice System. Access to Justice for all Committee.  Oregon Courts.  This comprehensive Web site provides links to numerous race and ethnic bias reports as well as gender bias reports.

Bias-Free Behavior in the Courts.  Michigan Supreme Court Task Force on Gender Issues in the Courts and Task Force on Racial/Ethnic Issues in the Courts.  (1989) A practical booklet/guide that provides suggestions for bias-free behavior in the courts and the rights and responsibilities of judges, court employees, citizens using the court, and attorneys representing litigants in court.

ABA Fairness in the Courts Website ABA Section of Litigation's Gender, Racial, and Ethnic Bias in the Courts Task Force.  Site is devoted to countering gender, racial and ethnic bias in the courts.  Features remedies used by courts, local bar associations and individual lawyers; an electronic meeting place for sharing ideas about ending bias in the courtroom. 

Increasing Diversity          

Fetter, Theodore J.  “New Jersey’s Program to Build and Develop a Diverse Workforce.” NCSC CourTopic Database ( November 18, 2002 ).  As a founding member of the Consortium of Race and Ethnic Bias Task Forces, New Jersey has been very active in addressing minority concerns in their courts and has instituted many programs to combat race and ethnic bias.  This article describes various initiatives the New Jersey Judiciary has instituted to combat bias in the courts such as, outreach in hiring, a minority law clerk program, training, investigation of complaints, and the Supreme Court Committee on Minority Concerns.  See also, Minority Concerns Reports from the New Jersey Judiciary.

The Massachusetts Legal Services Diversity Coalition Model Action Plan.  A summary from the Legal Services Corporation website.    

Diversity Programs and Model Policies.  Bar Association of San Francisco . 

Encourage Diversity Initiatives.  Professionalism of Lawyers and Judges. Website provides information on Albany County Bar Association Diversity Internship Program and the Diversity Training Program started by the Permanent Advisory Committee on Women and Minorities in the Courts to the Supreme Court of Rhode Island.

Reichenburg, Neil E.  Best Practices in Diversity Management.  International Personnel Management Association, May 2001.This presentation provides information on the importance of diversity, diversity best practice organizations, and a comparison between the diversity programs of the state of Oklahoma, the state of Washington, the state of Wisconsin, and the City of St. Petersburg, FL.

Steele, Jeanna.  Establishing Best Practices in Diversity.  Minority Corporate Council Association. The MCCA's Roundtable has been working since 1999 to represent minorities in corporate law departments through the refinement of the Diversity Best Practices.

Wong, Herbert Z.  Best Practices in Diversity Strategies and Initiatives.  Coast Guard Diversity Summit , April 1999. This presentation provides an overview of the "best practices" in diversity strategies, as well suggestions for applicability and implementation of these strategies for a variety of organizations.

Best Practices in Diversity from the St. Louis Business Diversity Initiative.  This article describing the St. Louis Business Diversity Initiative explains the necessity and importance of a diverse workforce and supplier base for corporations in and around St. Louis . 

Improving Court Interpretation          

Improving Interpretation in Wisconsin’s Courts: A report on court-related interpreting and translation with recommendations on statute and rule changes, budget items, interpreter training programs and certification tests, and judicial and professional education programs. Madison , WI : Committee to Improve Interpreting and Translation in the Wisconsin Courts, 2000. (KFW 2926 T72 C66).  This report directed towards the Wisconsin Director of State Courts provides suggestions and recommendations on statute and rule changes, budget items, interpreter training programs and certification tests, and education programs.

Access to Justice Journal: Special Issue on Interpretation. Vol. 1, no. 1 (Summer 1999). Oregon Judicial Department, Access to Justice for All Committee. Journal is presented to educate readers on fairness related programs, activities, and issues along with the work of the Access to Justice for All Committee.  

Combating Gender Bias            

Shafran, Lynn Hecht and Norma J. Wickler.  Gender Fairness in the Courts: Action in the New Millennium.   National Judicial Education Program, A project of NOW Legal Defense and Education Fund in cooperation with the National Association of Women Judges, 2001.  This implementation strategy manual discusses: key components to achieve and secure gender fairness in the courts, strengthening gender bias task forces and implementation standing committees as vehicles for reform, and integrating gender fairness concerns into court planning and reform initiatives.

Guidelines for Gender Neutral Courtroom Procedures. The Texas Center for Legal Ethics and Professionalism (2001).  Contains information on recognizing gender bias, how gender bias is manifested in the courtroom, suggested ways to avoid gender bias, and responsibility for eliminating gender bias in the courtroom.

New York’s Efforts to Assess Bias Against Women in the Courts.  New York State Task Force on Women in the Courts (2001).  Recommendations and a summary of findings by the New York State Task Force on Women in the Courts.  Assesses progress towards the goal of a court system free of bias for all.

Shafran, Lynn Hecht, Norma J. Wickler and Jill Crawford. The Gender Fairness Strategies Project: Implementation Resources Directory.  National Judicial Education Program, A project of NOW Legal Defense and Education Fund in cooperation with the National Association of Women Judges, 1998.  This article presents the Directory's information on Substantive Law Areas, Collaboration with Others, and useful resources/products.

Shafran, Lynn Hecht and Norma J. Wickler.  Operating a Task Force on Gender Bias in the Courts: A Manual for Actions. Washington , DC : The Foundation for Women Judges, 1986.  Report on Foundation's task force provides information on the process to create and begin a task force, data collection methods, dissemination findings and recommendations, implementing reforms, and response of the judicial and legal community.

Model Policies and Reports.  Women in the Legal Profession. Website provides information for women concerning alternative work schedules, attrition, careers & compensation, diversity, family, gender bias in the courts, quality of life, sexual harassment, and sexual orientation. 

Print Articles & Reports

Combating Race & Ethnic Bias

Miller, Oronde A. and Rebecca Jones Gaston.  “A Model of Culture-Centered Child Welfare Practice.”  Child Welfare: Special Issue: Perspectives on Cultural Competence, vol. LXXXII, no. 2 (March/April 2003): 235.  Due to many overlapping programs and issues between child welfare and the courts, the courts can learn from the research and principles outlined in this special issue.

In the Interest of Justice: Cultural Awareness in California Courts.  Stockton , CA : Daly Video Services, 2002.  A video about the struggles of Southeast Asians in the courtroom.

The New Jersey Judiciary Minority Law Clerk Recruitment Program.   Teaneck , NJ : 12^th National Consortium of Task Forces and Commissions to Eliminate Racial and Ethnic Bias in the Courts, 2000.

A Judge's Guide to Bias Free Court Proceedings. Minnesota Gender Fairness Implementation Committee. Minnesota Gender Fairness Implementation Committee, Minnesota Implementation Committee on Multicultural Diversity and Fairness, Conference of Chief Judges, and Minnesota District Judges Association, 2000. (KFM5910.5 .D5 J83)

Flores, Carmen. The Court as Employer: Best Practices for Ensuring a Bias Free Environment and Attaining a Diverse Workforce. NJ Courts, 2000. (KFN2310.5 .A3 F58)

Simpson, Elgin. Nevada Supreme Court Task Force Implementation Committee for the Elimination of Racial, Economic and Gender Bias in the Justice System 1999 Interim Report.  Las Vegas , NV : Nevada Supreme Court Task Force, 1999.  (KFN1110.5 .A3 S56)

Edwards, Lonzy F.  Race Relations for Court Personnel: A Guide to Handling Racial Bias for Judges, Lawyers, Neutrals, and their Staffs.   Macon , GA : Magnolia Pub. Co. , 1998.  (KF9223 .E38 1998)

A Systemic Approach Toward the Elimination of Racial and Economic Bias in Nevada's Justice System: Report to the Nevada Supreme Court.  Nevada. Supreme Court. Task Force for the Study of Racial and Economic Bias in the Justice System, 1997.  (KFN11110.5 .A3 N4)

Increasing Diversity

Ghannam, Jeffrey. “Making Diversity Work.” ABA Journal (March 2001): 58.

Flores, Carmen. The Court as Employer: Best Practices for Ensuring a Bias Free Environment and Attaining a Diverse Workforce. NJ Courts, 2000.  (KFN2310.5 .A3 F58)

Geong, Wilson.  Work Force Diversity Resource Directory for Washington State Courts. Olympia: WA: The Commission, 1997.  (KFW 524.5 .W67 1997)

Just Us On Justice: A Dialogue on Diversity Issues Facing Virginia Courts: A Multi-part Curriculum for Institutionalizing Diversity Training in the Virginia Judicial System.   lexandria , VA : McKinley Group, 1998.  (KFV2910.5 .D5 J9 1998)

Recruitment/Workforce Diversity Education Program. Washington State Minority and Justice Commission, 1996. (KFW510.5 .D5 R44)

Jones, Shirley.  Valuing Diversity: Resource Materials. Salt Lake City, UT: Education Division, The Administrative Office of the Courts, 1993.  Materials and program developed under grant JI-92-02B-A-160 of the State Justice Institute to implement training of staff and judges regarding the value of diversity. (KFU508 .J66 1993)

Nile, Lauren N.  Developing Diversity Training for the Workplace: A guide for Trainers.  Washington, D.C.: National Multicultural Institute, 1994.  (HF5549.5 .M5 N55)

The Court’s Image: Diversity Training for Court Administrators: Humane Court Management.  Michigan Judicial Institute, 1992. (KFM4710.5 .D5 C68) 

Improving Court Interpretation

Best Practices Manual on Interpreters in the Minnesota State Court System. MN: Supreme Court, Court Interpreter Advisory Committee, 1999.  (KFM5926 .T72 M5)

Gonzalez, Vasquez and Holly Mikkelson. Fundamentals of Court Interpretation. Durham, NC: Carolina Academic Press, 1991. (KF8807 .G66)       

Combating Gender Bias

Mills, Linda G.  A Penchant for Prejudice: Unraveling Bias in Judicial Decision Making.  Ann Arbor: University of Michigan Press, 1999.  Discusses unraveling bias, a mandate for a uniform and affective justice, uniformity and affectivity, disengaging discourses, signifiers of stereotyping, and planning for prejudice.  (KF3650.5 .M55 1999)

When Bias Compounds: Insuring Equal Justice for Women of Color in the Courts.  New York, NY: National Judicial Education Program to Promote Equality for Women and Men in the Courts, 1998.  “A model judicial education curriculum.”  Discusses the implications of stereotypes for women of color in the courts, the intersection of race and gender and its implications for the law, findings of the task forces on racial and ethnic bias in the courts respecting women of color, women of color attorneys in the courts and the profession, stereotypes about African American women and implications for the courts, controlling the courtroom and the courthouse, women of color as victims of gender-based violence, action planning, and the cultural defense and cultural evidence.  (KF478 .W53 1998) 

Gender Bias: Guidelines for Judicial Officers: Avoiding the Appearance of Bias. California . Judicial Council. Advisory Committee on Access and Fairness. San Francisco , CA : The Judicial Council, 1996. (KFC77.6 .G4 G46)