Black judges speak out on racism, sexism they face

BY LISA TREI

In a lively panel discussion last Thursday titled, "Judging the Judiciary," African American judges discussed their experiences working in a court system that serves minorities but does not fairly represent them.

"It's important that you have representation of everyone in society on the bench," said Terry Hatter, a third-generation lawyer and a federal judge in the Central District of California since 1979. "We don't have that."

LaDoris Cordell, vice provost for campus relations and a retired Superior Court judge in Santa Clara County, moderated the event, which was sponsored by the Black Law Students Association. Los Angeles County Superior Court Judge Veronica McBeth, Santa Clara County Superior Court Judge Sharon Chatman and U.S. District Court Judge Thelton Henderson of the Northern District of California joined the discussion.

As African Americans, the judges said they feel compelled to speak about problems outside their courtrooms, in the communities they serve. "If I sit here and say everything is OK, I'm misleading you," said Henderson, a federal judge since 1980 and a former civil rights lawyer. "Everything is better but everything is not OK. I am abusing my position if I don't speak out."

Henderson attracted national attention in 1996 when he tried to stop Proposition 209, the anti-affirmative action ballot initiative approved by California voters. After issuing a temporary restraining order, Henderson received many death threats and was given federal protection.

In 1992, Hatter was in the news after ruling that the policy banning gays and lesbians from military service was unconstitutional. Hatter also has spoken out publicly about the disparities in criminal sentences between cases involving crack cocaine and powder cocaine. Crack, which is more common in poor minority communities, attracts heavier sentences than powder cocaine, which is used by more affluent people, Cordell said.

Hatter said he is driven by a constant search for fairness. "I believe in the Constitution and that I didn't surrender my First Amendment rights when I became a judge," he said. "I believe in diversity. There has been too much hypocrisy in this nation and we need to face up to it and do something about it." The judge described his experiences being stopped by law enforcement officers on three occasions -- each of which was tinged by racism. "I know what can happen," he said. "Therefore, it is incumbent upon me to speak out."

Agreeing with her colleagues, McBeth said the United States has the best justice system in the world but that many problems persist. "Not everybody gets to share in those benefits," she said.

In addition to dealing with racial discrimination, Cordell said, McBeth and Chatman work in a system dominated by men. "What has it been like for you as black women in black robes?" Cordell asked.

McBeth, a state judge for 21 years, said she faces discrimination every time she walks into a room filled with people she doesn't know. "There is an expectation of incompetency; it doesn't go away," she said. "No matter how far you go and how much you succeed, you have to prove how smart you are." In contrast, McBeth said, when a group of white males meets for the first time, there is an expectation of equality. "I don't feel sorry for myself," she added, "but it does take a lot of energy" to prove that one is equal.

Chatman, appointed a state judge in 2000, said sexism and racism exist in the courtroom. "You get attorneys coming in with an attitude and copping a demeanor that borders on a tiny bit of disrespect," she said. "But I can guarantee one thing. It happens only once. You nip it in the bud."

The four judges said strong mothers instilled in them early on a drive to succeed.

"We were never taught that we were better than anyone, but we were taught that there was no one better than [us]," Hatter said.

While Henderson's mother was not educated, she was determined that her only child would be schooled properly. Instead of sending him to a local school, she made sure Henderson went to a better school across town. "My mother had the vision for me that I was going to be something," he said. "And not what was open to blacks who went to college -- a job with the city or a social worker -- but a doctor or a lawyer."

McBeth's parents divorced when she was 10 years old. She said her mother often worked two jobs to give her children a good education. McBeth attended a girls' school. "That was important," she said. "The smartest person in the class was a girl; so was the best athlete. I think that equipped me to deal with a lot."

Chatman comes from a large working-class family in Bakersfield. Her mother would go through garbage cans looking for books for her children. "She encouraged us to read; she inspired us," Chatman said. That support enabled the future judge to overcome low expectations from some teachers. She recalled her seventh grade teacher telling the class of all African American students that they would never graduate from high school. "He didn't say it to motivate us," she said.

The panelists stressed to the law student audience the importance of developing a personal style of judging. While some people "holler and yell," Henderson said, his style is low key but firm. "I've used a gavel once in 21 years."

Henderson said he learned his craft by relying on mentors. "If I had a question, I would call a recess," he said. "I'd run down the hall [to find a mentor]. You should know that. Don't think that when we wear black robes that we know everything."

Chatman often called Cordell for advice. "She was smart, had common sense and a sense of people," the judge said. Chatman added that everyone approaches her work with biases, based on the sum total of personal experiences and attitudes. "There is nothing bad about that," she said, as long as those biases are examined and recognized.

In closing, Chatman recited a statement by Nelson Mandela, the human rights activist who helped dismantle apartheid South Africa:

"What we fear is not that we are inadequate. What we fear most is that we are powerful beyond measure." That is also true for judges, Chatman said: "You have to learn to use that power with discretion, compassion and fairness."