Chief Justice Steven González Addresses Racial and Other Biases in the Court System
Chief Justice Steven González of the Washington State Supreme Court was the keynote speaker on July 19, 2024, at WDTL’s Annual Meeting and Convention in Walla Walla, Washington. He spoke eloquently about the need for the judiciary (and all lawyers) to push back on racial and other biases in the court system and how the Washington Supreme Court has used its legislative and executive powers to address these inequities.
No stranger to experiencing racial bias in his own life, Justice González shared several stories that have shaped him in this regard. From being stopped by police multiple times as a teenager to a school counselor who said that it was nice to see students “like him” interested in college. He used these anecdotes to illustrate why he has become sensitive to noticing bias around him, including in the judicial system, and how the Court can address these problems. As a Superior Court judge, he pushed for a rule that prevented ICE from enforcing arrest warrants in or around the courthouse—allowing, for example, witnesses to testify without fear of arrest by ICE or allowing parents to show up for children in criminal court without fear of being detained. In these ways, he explained, judges have the opportunity to take a leadership role instead of a passive role simply deciding cases.
Similarly, the Washington State Supreme Court has used its legislative and executive powers to make an impact, including changes to GR 37 to address racism in jury selection and proposals to lighten the caseload for public defenders, among others. He spoke about his personal hope to abolish preemptory strikes and the need to move civil cases to trial in a more timely manner.
As the Chief Justice said toward the end of his remarks, the Court is “fashioning rules that will allow us to be our better selves.” As defense lawyers, those rules can sometimes create frustrating hurdles for us and our clients. For example, Justice González was asked several questions about the Court’s recent decision in Henderson v. Thompson, 200 Wn.2d 417, 518 P.3d. 1011 (2022). Justice González welcomed the questions and admitted he did not always have a satisfying answer. As he believes, lawyers have a moral obligation to view their work through a race conscious perspective. And while he said there is a risk of being “hypersensitive” to racial bias, he said the best antidote is to listen well and remain humble. A lesson all lawyers should heed from time to time.
No stranger to experiencing racial bias in his own life, Justice González shared several stories that have shaped him in this regard. From being stopped by police multiple times as a teenager to a school counselor who said that it was nice to see students “like him” interested in college. He used these anecdotes to illustrate why he has become sensitive to noticing bias around him, including in the judicial system, and how the Court can address these problems. As a Superior Court judge, he pushed for a rule that prevented ICE from enforcing arrest warrants in or around the courthouse—allowing, for example, witnesses to testify without fear of arrest by ICE or allowing parents to show up for children in criminal court without fear of being detained. In these ways, he explained, judges have the opportunity to take a leadership role instead of a passive role simply deciding cases.
Similarly, the Washington State Supreme Court has used its legislative and executive powers to make an impact, including changes to GR 37 to address racism in jury selection and proposals to lighten the caseload for public defenders, among others. He spoke about his personal hope to abolish preemptory strikes and the need to move civil cases to trial in a more timely manner.
As the Chief Justice said toward the end of his remarks, the Court is “fashioning rules that will allow us to be our better selves.” As defense lawyers, those rules can sometimes create frustrating hurdles for us and our clients. For example, Justice González was asked several questions about the Court’s recent decision in Henderson v. Thompson, 200 Wn.2d 417, 518 P.3d. 1011 (2022). Justice González welcomed the questions and admitted he did not always have a satisfying answer. As he believes, lawyers have a moral obligation to view their work through a race conscious perspective. And while he said there is a risk of being “hypersensitive” to racial bias, he said the best antidote is to listen well and remain humble. A lesson all lawyers should heed from time to time.