Tag: Miami

Betrayed By the Bench?

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Photo credit: ONEWORD VIA GETTY IMAGES

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.

  1. 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.
  2. 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.
  3. 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.
  4. 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?
  5. 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.

 

New in HuffPo: What It Means to Survive a Hurricane

Hurricane Irma photo
JOSE JIMENEZ/GETTY IMAGES

It’s never a good feeling to lock the door to your home, and not know when, if ever, you can really return.

At present, my husband, my 81 year old father and I are hunkered down in a hotel in central Florida. Our home in Miami is in the path for a direct hit from Hurricane Irma; the storm may follow us to where we are, causing us to consider running again. We are luckier than most in that we are able to leave town, and not head to a shelter. Hurricane shelters, contrary to how one sheriff in particular portrays them, are not centers of crime and assault. It is literally a a building (often a school) in a safer area that allows you to lay a blanket on the floor until the danger is over. A shelter is safe but not at all comfortable.

Many of my friends have chosen to stay put in their homes. There are many reasons why folks do not leave. Some can’t afford the crazy airline prices out of town; others worry that it is too late to leave, and don’t want to get caught in the storm due to traffic jams on the major highways.

Recently, it has come to light that some in the media show great disparities in how they report the aftermath of hurricane, based on race. Many of us reflect back to Hurricane Katrina, where there were pictures of residents doing whatever they need to do to survive. Unfortunately, when white folks were depicted taking food or items from stores, they were portrayed as survivors. When people of color did the same, they were portrayed as looters.

Read the rest here.