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The Nebraska The Nebraska Minority Justice Minority Justice Task Force Task Force Nebraska Supreme Court Nebraska Supreme Court Nebraska State Bar Nebraska State Bar Association Association Public Policy Center Public Policy Center

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Page 1: The Nebraska Minority Justice Task Force Nebraska Supreme Court Nebraska State Bar Association Public Policy Center

The Nebraska The Nebraska Minority Justice Task ForceMinority Justice Task Force

Nebraska Supreme CourtNebraska Supreme Court

Nebraska State Bar Nebraska State Bar AssociationAssociation

Public Policy CenterPublic Policy Center

Page 2: The Nebraska Minority Justice Task Force Nebraska Supreme Court Nebraska State Bar Association Public Policy Center

Areas of ResearchAreas of Research

Access to JusticeAccess to Justice-Jury Pool Analysis-Jury Pool Analysis -Public -Public

PerceptionsPerceptions

-Interpreter Services-Interpreter Services -Juror Perceptions-Juror Perceptions

Court WorkforceCourt Workforce-Minority Employment by the Courts-Minority Employment by the Courts

-Equal Employment Opportunity Policies-Equal Employment Opportunity Policies

-Employee Perceptions-Employee Perceptions

Page 3: The Nebraska Minority Justice Task Force Nebraska Supreme Court Nebraska State Bar Association Public Policy Center

Areas of ResearchAreas of ResearchLegal ProfessionLegal Profession

-Law School Admission and Retention-Law School Admission and Retention

-Professional Opportunities-Professional Opportunities

-Judicial Nominations and Selection-Judicial Nominations and Selection

Criminal and Juvenile JusticeCriminal and Juvenile Justice-Arrest and Incarceration Rates-Arrest and Incarceration Rates

-Differential Sentencing of Bonds-Differential Sentencing of Bonds

-Access to Diversion Programs-Access to Diversion Programs

-Indigent Defense-Indigent Defense

Page 4: The Nebraska Minority Justice Task Force Nebraska Supreme Court Nebraska State Bar Association Public Policy Center

Research DesignResearch Design Quantitative:Quantitative:

Surveys of judges, attorneys, jurors, court Surveys of judges, attorneys, jurors, court personnel and the publicpersonnel and the public

Data on arrests, sentencing and incarcerationData on arrests, sentencing and incarceration Demographic data on the court workforce, law Demographic data on the court workforce, law

schools, legal profession and judiciary.schools, legal profession and judiciary. Qualitative:Qualitative:

Public hearings, soliciting testimony from Public hearings, soliciting testimony from minority communities regarding their minority communities regarding their experiences and perceptions of the justice experiences and perceptions of the justice system.system.

Written testimony from prison inmatesWritten testimony from prison inmates Focus groups with minority attorneys and Focus groups with minority attorneys and

minority law students.minority law students.

Page 5: The Nebraska Minority Justice Task Force Nebraska Supreme Court Nebraska State Bar Association Public Policy Center

Public Hearing in 2001Public Hearing in 2001

Malone Center, Lincoln NE

Page 6: The Nebraska Minority Justice Task Force Nebraska Supreme Court Nebraska State Bar Association Public Policy Center

General FindingsGeneral Findings

Language BarriersLanguage Barriers Arrests, sentencing, and Arrests, sentencing, and

incarceration disparitiesincarceration disparities Jury Pool diversityJury Pool diversity Diversity of the Court workforceDiversity of the Court workforce Diversity of the legal professionDiversity of the legal profession

Page 7: The Nebraska Minority Justice Task Force Nebraska Supreme Court Nebraska State Bar Association Public Policy Center

Now that we know… what Now that we know… what are we going to do about it?are we going to do about it?

Page 8: The Nebraska Minority Justice Task Force Nebraska Supreme Court Nebraska State Bar Association Public Policy Center

Nebraska Minority Justice Nebraska Minority Justice Implementation CommitteeImplementation Committee

Nebraska Minority Justice Implementation Committee

Page 9: The Nebraska Minority Justice Task Force Nebraska Supreme Court Nebraska State Bar Association Public Policy Center

Nebraska Minority Justice Nebraska Minority Justice Implementation CommitteeImplementation Committee

1. Address racial disparities in both the 1. Address racial disparities in both the juvenile and adult justice systemsjuvenile and adult justice systems

2. Ensure equal access to the justice 2. Ensure equal access to the justice system.system.

3. Increase the diversity of Nebraska ‘s 3. Increase the diversity of Nebraska ‘s judicial workforce and legal profession.judicial workforce and legal profession.

Page 10: The Nebraska Minority Justice Task Force Nebraska Supreme Court Nebraska State Bar Association Public Policy Center

Policy and Social ChangePolicy and Social Change

1. Legislative Reform1. Legislative Reform

2. Supreme Court Rule 2. Supreme Court Rule ChangesChanges

3. Internal Policy Reform3. Internal Policy Reform

4. Education and Creating 4. Education and Creating Opportunities for ChangeOpportunities for Change

Page 11: The Nebraska Minority Justice Task Force Nebraska Supreme Court Nebraska State Bar Association Public Policy Center

Legislative ReformLegislative Reform

Issue: No statutory requirement for Issue: No statutory requirement for counties to periodically update their counties to periodically update their jury pool lists. There were counties in jury pool lists. There were counties in Nebraska who had not updated their Nebraska who had not updated their jury pool lists from 5-20 years.jury pool lists from 5-20 years.

2003 Legislation to help ensure that 2003 Legislation to help ensure that juries are representative of their juries are representative of their communities.communities.

Page 12: The Nebraska Minority Justice Task Force Nebraska Supreme Court Nebraska State Bar Association Public Policy Center

Supreme Court Rule ChangesSupreme Court Rule Changes

Language Interpretation and Translation Language Interpretation and Translation IssuesIssues::

-Quality-Quality

-Children as Interpreters-Children as Interpreters

-Batters as Interpreters for Victims-Batters as Interpreters for Victims

-Access to Bail Bond-Access to Bail Bond

Page 13: The Nebraska Minority Justice Task Force Nebraska Supreme Court Nebraska State Bar Association Public Policy Center

Internal Policy ReformInternal Policy Reform Pre Law Institute at the University of Pre Law Institute at the University of

Nebraska College of Law.Nebraska College of Law. A summer program for students from diverse A summer program for students from diverse

backgrounds to prepare students for law school backgrounds to prepare students for law school and the application process, expose them to the and the application process, expose them to the practice of law, and establish mentoring practice of law, and establish mentoring relationships.relationships.

Diversity of the Nebraska Court SystemDiversity of the Nebraska Court System-adopted a pay differential for bilingual employees-adopted a pay differential for bilingual employees-expanded recruitment efforts to attract a more -expanded recruitment efforts to attract a more

diverse applicant pooldiverse applicant pool-revised discrimination complaint procedure-revised discrimination complaint procedure

Page 14: The Nebraska Minority Justice Task Force Nebraska Supreme Court Nebraska State Bar Association Public Policy Center

Social Change: Self EducationSocial Change: Self Education

Creating a legal culture that is cognizant of Creating a legal culture that is cognizant of the unique issues faced by racial and the unique issues faced by racial and ethnic minorities, while uncovering the ethnic minorities, while uncovering the systems of inequality within the profession.systems of inequality within the profession. Seminars for minority attorneys on how to apply Seminars for minority attorneys on how to apply

for judicial vacanciesfor judicial vacancies Educating attorneys and judges on how to Educating attorneys and judges on how to

effectively use language interpreters in the effectively use language interpreters in the courts.courts.

Educating attorneys on the unique legal issues Educating attorneys on the unique legal issues faced by Native Americans in Nebraska.faced by Native Americans in Nebraska.

Page 15: The Nebraska Minority Justice Task Force Nebraska Supreme Court Nebraska State Bar Association Public Policy Center

Public EducationPublic Education

““Law Day” events at local minority Law Day” events at local minority community centers featuring:community centers featuring: Free legal clinics, information on jury Free legal clinics, information on jury

service, opportunities to register to vote, service, opportunities to register to vote, information on careers in the court information on careers in the court system and on applying to law schoolsystem and on applying to law school

Page 16: The Nebraska Minority Justice Task Force Nebraska Supreme Court Nebraska State Bar Association Public Policy Center

Public EducationPublic Education

Year of the Juror Year of the Juror Project: develop Project: develop and implement a and implement a campaign to campaign to educate minority educate minority communities about communities about jury service.jury service.

Lexington High School students listen to presentations by local judges

Page 17: The Nebraska Minority Justice Task Force Nebraska Supreme Court Nebraska State Bar Association Public Policy Center

Creating Opportunities for ChangeCreating Opportunities for Change

Annual Legal Annual Legal Diversity Summit Diversity Summit provides provides education, education, interviews and interviews and networking for networking for Nebraska legal Nebraska legal employers and employers and regional law regional law students of color.students of color.

2005 Legal Diversity Summit

Page 18: The Nebraska Minority Justice Task Force Nebraska Supreme Court Nebraska State Bar Association Public Policy Center

Current AgendaCurrent Agenda

Failure to Appear PolicyFailure to Appear Policy Uniform Definition of RaceUniform Definition of Race Disparities in Probation SentencesDisparities in Probation Sentences Representative JuriesRepresentative Juries Uniform Protection Order (state and Uniform Protection Order (state and

tribal courts)tribal courts) Diversity SummitDiversity Summit LSAT Prep ScholarshipLSAT Prep Scholarship