Hey RLD Fam, Super thrilled that my latest piece appears on the blog Very Smart Brothas. They are doing a series “America in Black”. My piece explores the stereotypes and … Continue reading You’re So Different: Ok, But What Makes You Black?
This morning, it was reported that Judge Stephen Millan used racial slurs as a judge.
It’s a tough pill for me to swallow.
He is someone I knew well — I practiced against him when he was a defense attorney, and before him when he became a judge. I never had an inkling of any racial animus in the way he referred to his clients or those before him.
But, there you have it — an “unnamed attorney” reported the comments two years later.
You read that right — two full years.
If you are a defense attorney, charged with protecting the interests of your clients (who, due to many systemic reasons are overwhelming black and brown), why do you sit on that information for two years?
How does one let a judge who is purportedly racist sit on the bench for two years — presiding over cases, and the fate of other black and brown people when you allegedly know the person is racist?
To give some context, judges in Miami-Dade County easily hear hundreds of cases a week. So for 104 weeks, someone who purportedly held racist views was able to affect the lives of many defendants.
It was said that the attorney feared “repercussions” — what about the repercussions to the affected persons whose life and liberty hung in the balance?
This, to me, says one of two things: either 1) the attorney did not view the conduct as that egregious; or 2) there is an ulterior motive.
This is yet another reason why diversity in the legal field is so critical. When there are more defense attorneys, prosecutors and judges of color, we will have less instances like these.
It’s not a cure, but it’s a start.
If you are not a person of color, and want to be an ally in the struggle for racial equality, here are a few tips.
- Don’t condone racial slurs. If it’s said around you, give a full-throated repudiation those statements. Folks continue to speak that way if they think it’s ok and can get away with it.
- Provide evidence to help the struggle. Take a page out of Deborah Baker-Egozi’s book, where she bravely filmed an officer using excessive force on a man of color, and offered the man legal representation.
- Use your voice and privilege to help the struggle. Shine a light on these issues, and raise awareness in circles that people of color do not have access to.
- Be aware of your own biases, and work on them. Take the Harvard implicit association test, which helps show where your biases lie. Once you know, work on it. Pause before you make decisions — are you making a decision based on assumptions, stereotypes or pure hard facts?
- Engage with people who do not look like you. Let’s be clear — having a “black friend at work” doesn’t cut it. You need to go to events, places of worship, and do things on your downtime that are outside of your comfort zone. It has to be a choice for one to say s/he is fully engaged.
In this instance, I blame the judge for his comments, and the attorney for staying silent for so long.
Both are different sides of the same coin.
Sitting idly by as injustices occur is not the definition of being an ally.
It’s being part of the problem.
I’m struggling with my emotions this morning. Late Sunday night, I discovered that a friend, George Cholakis, suddenly passed away while at a Miami Dolphins football game. I’m completely saddened and stunned. Not more than 2 weeks before, we laid another friend to rest, J.C. Dugue. He passed away from a massive heart attack just before Hurricane Irma hit.
These gentlemen were attorneys that were a few years ahead of me in my legal career. J.C., who was a defense attorney, knew me pretty much my entire career as a prosecutor. His sense of humor always added levity to tense moments as we stood across from each other on opposite sides of the courtroom. Just looking at him sometimes would have me in stitches. He was just that way.
George was helpful to me as a young prosecutor, as I was floundering (as we all did) to stay afloat with the heavy caseload. He’d often have words of encouragement, or the right answer when the judge was grilling me. He was senior to me, having tried intense homicide cases. He was kind, always pleasant, down to earth, and a fun guy. A few years ago, a really tragic incident occurred that pretty much cost him everything. George took responsibility, and started from scratch to rebuild. He began his own legal practice, and brought the same personality that he always had to his new line of work. I had such respect for George in doing so. Sometimes when folks fall down, they never get back up. He did, which showed the strength of his character.
What bewilders me is that they were not old. I know, the definition of “old” tends to shift as one ages upward, but I’m talking maybe 10 years older than me. I get it — when you hit your 70’s and 80’s, you expect to lose friends. Not in your 40’s.
Earlier this year, we lost two more members of our legal community to suicide. We all were devastated, and started work among our voluntary bar organizations to address depression. We lost J.C. and George to natural causes. Now, it’s time for us to talk about self care of not just the mind, but the body as well.
It takes wild horses for me to drag the men in my life to the doctor. I joke that for my husband and my dad, if an arm fell off, they’d pick it up and keep going, still refusing to go to the doctor. We have to be more forceful about getting the ones we love to the doctor, and heeding whatever warnings are given.
And, we ourselves need to take responsibility for our own health. Taking on too much, unmanaged stress, and ignoring what our bodies tell us is the formula for a fatal disaster.
We have to take care of each other. The pain of those left behind is immeasurable.
RIP J.C. and George.
Continuing in my Black History Month Legal Divas of Color series, I now bring you Kamala Harris. Although I featured Ms. Harris last year (read the post here), she’s doing even bigger things in 2015!
When current United States Senator for California Barbara Boxer announced that she would not be running for re-election in 2016, Kamala Harris announced that she would run! In her statement, she said “I want to be a voice for all Californians”
In the days that followed, Ms. Harris picked up endorsements from some heavy hitters, including Senator Elizabeth Warren (whose name is still being discussed as a potential Presidential candidate).
If elected, Kamala Harris would be the first Indian American in the US Senate. She is descended of a Jamaican American father and an Indian mother. Ms. Harris has also just been sworn in for her 2nd term as Attorney General for the State of California.
Thank you Kamala Harris, for continuing to push boundaries, being a great role model, and being a present day Legal Diva of Color!
I’ve stayed pretty quiet in recent weeks, absorbing all that has been going on. One thing is incredibly clear; education is needed on both sides. If we don’t know the rules that govern us, as well as our past, we are doomed for the future. If we don’t understand each other, we are doomed period.
So here is Part 1 of my series entitled “Knowledge Trumps Racism” — because as Dr. Martin Luther King Jr said, knowledge is power.
I start from a historical perspective — David Ovalle from the Miami Herald wrote a very thoughtful piece on the last time a police officer was indicted in Miami for a shooting death in the line of duty. It was 25 years ago last Sunday, and left a long legacy.
In a city long torn by racial tension, a uniformed police officer fatally shot a black man. Days of upheaval and rioting riveted the nation.
A series of investigations scrutinized the officer’s use of deadly force. He claimed self-defense. Would the cop face criminal charges?
The case that exploded in Miami in 1989 still resonates today, echoing the murky, racially charged confrontation that has put a 24/7 media spotlight on the small Missouri town of Ferguson.
Twenty five years ago Sunday, after a trial that lives on in local legal lore, jurors convicted Miami Police Officer William Lozano for shooting and killing a motorcyclist. It was the last time any police officer in Florida was convicted for an on-duty shooting.