To Create a Diverse Environment, One is Not Enough by the Honorable Susan Wigenton, U.S.D.J

Winter 2008

Over the course of my career, I have frequently found myself the sole person of color in the room. While I do not mind it—indeed, it often works to my advantage—I am troubled by the fact that in the legal profession there is a misguided belief that having one African-American, Latino, or Asian-Pacific person in your office, means you have "diversity." One is not enough. To have a truly diverse environment, you need to have multiple people from a wide variety of backgrounds and experiences. The more diverse an organization is, the more insight and understanding it will have.

These principles have directly influenced my service as a United States District Court Judge, where I have found that my perspective as an African-American woman has been instrumental to my handling of cases that come before me, in particular issues such as sentencing in criminal cases. While I grew up in a middle-class environment, I have spent time in low-income neighborhoods and I know people who have experienced situations similar to that of many of the criminal defendants that come before me.

For example, I recently presided over a criminal case that involved a twenty-six year-old defendant -- a career offender -- with thirteen prior arrests and eight prior convictions. I do not know the reason this individual has had so many entanglements with the law, but I was able to examine his situation from a different perspective than someone who has never had any personal experience with people from backgrounds like his. In other words, I am not looking down at him from an ivory tower and thinking, “What is wrong with you? There’s no hope for you.” Instead, I am interested in exploring what occurred early in this person’s life that brought him to this point, as well as seeking solutions that could help to prevent the next person from traveling down the same path.

I also see a lack of diversity in my courtroom, as many of the attorneys that come before me are white males. Many law firms and other legal employers that claim to be seeking diverse candidates argue that the pool is not deep enough. However, when you take a closer look at their "diversity efforts," it becomes clear that those efforts amount to little more than recruiting the top diverse candidates from the top law schools. If these employers expanded their searches, they would find a long list of extremely talented and qualified candidates from law schools across the country.

Minority attorneys also face prejudice once they enter the profession. I have seen a number of instances where minority attorneys are viewed as "quota hires." These attorneys have to prove that they deserve their positions, as opposed to their non-minority colleagues who enjoy the benefit of a presumption of competence simply by virtue of having been hired for the position.

Fortunately, there are also advantages to being a diverse attorney. When I worked in the private sector, I was the first African-American attorney, and one of only a few female attorneys, at my firm. This worked to my advantage and gave me the opportunity to spread my wings. For example, I encouraged the firm to take on civil rights cases, which the firm had not previously worked on. I also identified various organizations and committees that were dedicated to causes that I cared about, and the firm financially supported my involvement in these organizations and committees. I found that my firm and I both benefited from my diverse background, as I was able to take on legal work that interested me while helping to diversify the types of matters my firm handled thereby expanding the firm's exposure in the community. And my work with the organizations and committees enabled me to make connections and bring in clients, which in turn was great advertising for the firm.

When I look at the judiciary, I see diversity, but not enough. Individuals, by nature, tend to veer toward the familiar. This is one reason why diversity efforts must be intentional, and it is why I am very conscious of making sure my chambers are diverse. I believe that legal employers – both in the private sector and the public sector – must be open-minded in their searches for candidates. Obviously, candidates must be qualified. However, legal employers must also be interested in the candidates’ backgrounds.

For example, when I participate in the interviews of candidates for magistrate judge positions, we see many very qualified candidates—people who went to great schools and worked at top law firms. However, the interviews become most interesting when we begin discussing a candidate's life story — personal backgrounds, how the candidate arrived at his/her current position, and the twists and turns of the candidate's career path. In my view, the more diverse the real-life experiences of our judges, the stronger the bench becomes.

Unfortunately, despite the obvious advantages and efforts aimed at promoting and maintaining a diverse workplace, there continues to be a lack of diversity in the legal profession. Although the profession has made some significant, positive strides in terms of gender equality, we still have a long way to go with regard to racial and ethnic diversity. It is not enough for a legal employer to have one interesting story; we must search for many interesting stories so that we have the perspectives necessary to serve clients and the public effectively.

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The Honorable Susan Davis Wigenton is a United States District Court Judge for the District of New Jersey, nominated by President George W. Bush in June 2006. Judge Wigenton previously served as a United States Magistrate Judge for the District of New Jersey. Prior to her appointment to the bench, she was a partner at the law firm of Giordano, Halleran & Ciesla, P.C.