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In Support of State Courts’ Responsibility to Promote Bias-Free Behavior

Resolution 12: In Support of State Courts' Responsibility to Promote Bias-Free Behavior

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WHEREAS, significant progress has been made in combating racial and ethnic prejudice in the United States; and

WHEREAS, bias and prejudice have no place in the courts; and

WHEREAS, the courts have the special role as impartial arbiters of disputes; and

WHEREAS, many states have undertaken a variety of effective strategies to prevent bias in the justice system such as:

  • establishing and enforcing court policy and procedures for reporting and handling allegations of bias;
  • appointing task forces to promote racial and ethnic fairness;
  • promoting a representative workforce;
  • conducting educational awareness programs for court personnel;
  • providing adequate interpreter services and multilingual court forms; and

WHEREAS, the National Center for State Courts has published a useful guide entitled 'Achieving Fairness Through Bias-Free Behavior: A Pocket Guide for the Courts' that addresses these strategies and gives recommendations for dealing with bias; and

WHEREAS, the National Center for State Courts has provided technical assistance and consultation to state court systems on inquiries regarding racial and ethnic bias in the courts;

NOW, THEREFORE, BE IT RESOLVED that the Conference of Chief Justices and the Conference of State Court Administrators:

  1. Endorse the recommendations and strategies set forth in the NCSC's Achieving Fairness Through Bias-Free Behavior: A Pocket Guide for the Courts; and
  2. Encourage each Chief Justice and State Court Administrator to take a leadership role in eliminating bias in the nation's state courts.

BE IT FURTHER RESOLVED that the Conferences urge judges and court administrators

  1. To be vigilant of the various ways in which bias can manifest itself in the justice system; and
  2. To take active steps to eliminate bias in the justice system as outlined in the 'Achieving Fairness Through Bias-Free Behavior: A Pocket Guide for the Courts'; and
  3. To be familiar with exemplary Codes of Conduct relating to bias in state court systems as highlighted in 'Achieving Fairness Through Bias-Free Behavior: A Pocket Guide for the Courts

 

Adopted as proposed by the CCJ/COSCA Access to and Fairness in the Courts Committee at the 57th Annual Meeting on August 3, 2005.