The Role of Judges in Eliminating Implicit Bias and Discrimination, for Diversity and Inclusion in New York State Courts: A Judicial Dilemma

The New York State Court System (NYSCS), like other court systems, faces diverse issues regarding race, bias, diversity, and inclusion, as the judicial interpretation of justice sometimes differs from the societal interpretation. What the courts interpret as justice is not necessarily what some societies understand as justice. A gap can lie between the courts and society regarding the court’s roles in administering justice to eliminate social vices like implicit bias, racial, sexual, cultural, or any form of discrimination/stereotypes. There can, similarly, be a misconception about just and fair– or ‘meaningful justice’ as the courts define it.¹ George Floyd’s death heightened national outcries, going beyond the United States, focused on racial bias and discrimination, diversity, and inclusion. The arrest, prosecution, and conviction of principal actors in the killing of George Floyd intensified divisions between those seeing him as a victim of police brutality and those focusing on his prior criminal history and the incident that led to his death, namely the alleged passing of a false $20 note in a local store transaction. This difference in perceptions of ‘right’ and ‘wrong’ according to notions of justice could be seen as raising social misconceptions about courts. It could lead to a loss of public/society’s confidence in the court system and judges’ roles in society, which widens the gap between courts and society.

Nevertheless, judges’ approach to eliminating racial bias to ensure equal and meaningful justice equates to their approach to eliminating other forms of discrimination. However, the history underpinning racism and hence racial bias has an ugly way of mimicking the very history judicial efforts need to counter. Thus, the courts have a daunting role and dilemma to ensure that justice is done and seen to be done to eliminate all forms of bias and discrimination. This dilemma creates the platform for a socio-judicial approach² to interpret the concept of justice and eliminate all forms of bias to embrace diversity and inclusion in NYSCS.³