The ABA’s Law Day on May 1, will commemorate the 19th Amendment and women’s right to vote. The ABA provides outstanding
resources (https://www.americanbar.org/groups/public_education/law-day/) for members of the legal community to host
educational programs for civic organizations and K-12 and college students throughout our communities. Be sure to encourage your
audience members to consider a legal career! To refer a future UND law student, please visit: https://law.und.edu/alumni/refer.html.
“representation is not diversity,” and that employers must do more than
providing effective legal assistance by Robert Q. Pollard, Jr., titled
simply hire people from diverse populations to become truly inclusive.
“What If Your Client is Deaf?”
I have heard similar stories of implicit bias from several of our former
The third panel addressed challenges facing new Americans and
African American law students. For example, while serving as a legal
recent immigrants as lawyers, litigants, and others working or
extern, dressed professionally and excited to attend a proceeding in
interacting with the legal system. Three recent UND School of Law
court, one was asked publicly if they were the criminal defendant.
graduates participated in this session: Ifrah Esse, Olufemi Adisa, and
Although I have no doubt our students have handled this and other
Patty Castro, along with former UND Law Professor Kit Johnson,
awkward situations gracefully and professionally, they were clearly
who now teaches immigration law at Oklahoma University College
embarrassed and disturbed by these incidents, which contributed to
of Law. Reis Pagtakhan, a partner practicing immigration law with
their decisions to move to other areas of the country upon graduation.
MLT Aikins LLP in Winnipeg, provided a comparative Canadian
Although I encouraged them to stay in our region, each of these
perspective. Cynthia Shabb, executive director of the
graduates highlighted the exhaustion that comes
Global Friends Coalition in Grand Forks, discussed
from facing such microaggressions, preferring to
experiences
of our local neighbors, many of whom
work and raise their families in communities with
have fled dire situations in their prior countries as
greater diversity and support.
Join us for
refugees, so they may have a very different view of the
A Celebration of Title IX:
Likely, most people exhibiting implicit bias
legal system due to their previous experiences.
Past and Future on
today have good intentions and don’t want their
Friday, March 27,
The final program featured trailblazers who helped
mistaken assumptions to harm others. When the
at the UND School of
pave the way for women lawyers in North Dakota and
UND School of Law’s Black Law Students
Law, cosponsored by the
nationally. Laurie Forsberg, Judge Lolita Romanick,
Association invited Marquis Bradshaw, formerly
SBAND Women Lawyers
and Becky Thiem joined Teri McMurtry-Chubb in
a criminal defense attorney in Fargo, to present
Section, Equal Rights for
a lively conversation moderated by Professor Tammy
on implicit bias in February 2019, I shared one
All Now, and the UND
Oltz
(who also served as symposium committee chair,
of my own (many) blunders when he asked us
Sports Law Student
along
with Judge Stephannie Stiel, Sarah Atkinson,
to describe instances of implicit bias. Years ago,
Association.
Kara
Erickson,
and me). These panelists reflected
while participating in a meeting of the ABA
on challenges and opportunities - past and present -
Section on Civil Rights and Social Justice (then
facing
women
and
minorities in the legal arena. Their exchange and
called the Section on Individual Rights and Responsibilities), I asked
the
prior
sessions
reminded
the audience much remains to be done to
a colleague why he was wearing a suit on the last day, when several of
attain
the
goals
of
justice
and
equality in the legal profession. After the
us were dressed comfortably for our flights home. He replied simply
program, Dean Mike McGinniss welcomed everyone to a reception.
that he was flying. When I pressed the issue, he patiently explained
that as a person of color, he felt obligated to dress professionally while
An attendee sent an email afterwards indicating: It was a great event!
travelling or risk being singled out as suspicious. I was shocked that
Outstanding. Professor Teri M-C was a dynamite opener, followed by
this prominent member of the legal profession could be viewed as
informative, dialogue-inviting, thought-provoking presenters. It was one
dangerous, yet I was even more dismayed with myself at my utter blind
of the best, one of the most inspirational, seminars that I have attended.
spot to these everyday differences in lived experiences simply due to
the color of our skin, as well as embarrassed about my obliviousness
Thanks to everyone for continuing the conversation and taking
I had just displayed in front of this civil rights lawyer whom I deeply
positive action!
admired. I could travel relaxed, while he must remain ever-vigilant.
For additional information, the American Bar Association
Exhausting, indeed.
offers resources to help employers eliminate implicit bias
In the second session of the implicit bias symposium, Pam Smith and
at https://www.americanbar.org/groups/diversity/.
Kathy Frelich with the North Dakota Resource Center for Deaf and
1.
192 Wash. 2d 1, 427 P.3d 621 (2018).
Hard of Hearing in Devils Lake, provided a training on hearing loss
Julia L. Ernst is associate dean of Academic and Student
and how best to work with clients, witnesses, jurors, and others in
Affairs and associate professor at the UND School of Law
the legal system who are deaf or hard of hearing. Their organization
([email protected]).
offers many resources available to the public, including an article on
SAVE THE DATE
Join WLS members at the Eighth Circuit Judicial Conference on August 5-7, in Omaha, Neb. This program
will address the 19th Amendment and themes of diversity, inclusion, and representative government, and
will feature distinguished speakers including U.S. Supreme Court Justice Ruth Bader Ginsburg.
WINTER 2020
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