On Sept. 11, 2001, Jaime Ramon was ticketed for the 8 a.m. American Airlines flight from Boston to Los Angeles. As he walked down the concourse, the flight left without him. Several hours later, his wife, a Dallas schoolteacher, fainted in her classroom upon learning her husband's flight had crashed into one of the twin towers.
As news of the terrorist attack dribbled out, Jaime knew his wife would think he was on the fatal flight. He tried to contact her, but all communications had been cut off. It was hours before he was able to call his family.
I relay these events because Jamie was recently in Salt Lake City, and we were able to reminisce about his close encounter and of days when we were idealists with zeal. We all have friends we seldom see, yet a bond exists that makes the friendship special. Our bond was forged of late night talks of justice for the Hispanic community and shoestring trips crossing the country to make our dream a reality.
Before President George Bush Sr. appointed him to several prestigious government positions and prior to becoming a respected Dallas attorney and partner in a prestigious law firm, Jaime and I spoke of an integrated judiciary and labored to make it so.
Jaime and I met at the Equal Employment Opportunity Commission in Washington, D.C. Clarence Thomas and Anita Hill were our co-workers. Our job was to enforce laws banning employment discrimination. We relished our mission, and it was one of the most rewarding and exciting experiences of my career.
During my Washington tenure, Jaime and I, united with a handful of young, idealistic Hispanic attorneys, envisioned a Hispanic bar association that would be a catalyst for Hispanic attorney unity and action. Optimistically, we traveled the country speaking to other Latino attorneys and minority bar associations about the plight of our community nationwide and how we could make a difference in the way justice is dispensed.
In 1988, as president of the Hispanic National Bar Association, I testified at the U.S. Senate confirmation hearing of Justice Anthony Kennedy. That same day, President Bush nominated three Hispanic attorneys for federal judgeships. Later that year, Justice Kennedy joined over 700 Hispanic attorneys in New Mexico for an unprecedented gathering of Latino law power. That year, the HNBA came of age, and Jaime and I knew it was only the beginning.
Today, many Hispanic federal judges owe their appointment to the efforts of the Hispanic National Bar.
Dedicated advocates and a belief in the American system of justice made a difference.
Recently, the chairman of the Governor's Hispanic Advisory Committee publicly stated that the Utah judiciary does not reflect the diverse populations of Utah. Many in the minority community are frustrated that minority attorneys are rarely interviewed, let alone selected, for judicial openings. The frustration is exacerbated by the secretive nature of the selection process and the fact no minority sits on any judicial selection committee.
There are over 100 appellate, trial and juvenile judges in Utah. That group includes two Hispanics, two Asians, one Native American and one African American. The numbers make it appear that a quota system is in place. There is an appearance that minority attorneys are unqualified to be judges. The minority community sees this and is skeptical of the justice it receives. This was acknowledged by Utah Supreme Court Chief Justice Richard Howe when he informed the Legislature that minority communities do not have confidence in our justice system nor do they believe courts show them respect and fairness.
The Utah Judicial Task Force on Racial and Ethnic Fairness substantiated numerous examples of mistreatment of minorities. Minority juveniles are treated more harshly than other offenders. Few courts outside of Salt Lake County have certified court interpreters. Minorities are not employed by the justice system. Most male judges were big-law-firm attorneys. Conversely, minority attorneys are government or small-practice oriented. Judges bring their prejudices and biases on to the bench, as do their selectors.
It is imperative Utah judicial selection committees include minority representation. Judicial selection must be opened to public scrutiny, not veiled in secrecy as if too important for ordinary citizenry participation.
Until the judiciary reflects the community it serves, the appearance of bias will color its verdicts. Minority attorneys must insist they are just as qualified to be judges as those selected because of their political or religious affiliations. Until these modifications transpire, the minority community has reason to remain skeptical of the justice administered in Utah. And judges should be aware they are feared, not respected, by minorities who appear in the lily-white forums.
Utah native Mike Martinez, an attorney in private practice, is active in Hispanic affairs. He has previously worked in the Utah Attorney General's Office, the Salt Lake County Attorney's Office and for the Equal Employment Opportunity Commission in Washington, D.C. E-mail: mmartinez@prism.net