Black Judges and Representation in American Courts

• In Event: Race, Judging, and the Courts

Abstract

This paper and presentation focus on the nature and significance of racial representation in the state courts by addressing the primary questions that have been raised following the substantial increase in the number of Black judges in the post-Civil Rights Era: what does having more Black judges in courthouses and communities mean for the political representation of Black people and Black interests? Have the courts and our democracy been transformed at all by this racial diversity? How and why might Black state judges represent and advocate for Black interests despite these jurists being highly socialized and not charged with or expected to represent group interests? Despite logical predictions, minimal corresponding scholarly consensus suggests that Black judges represent Black interests and people. Furthermore, the literature and prevailing theories of representation are unclear as to why Black judges would represent Black interests. This is precisely where my project and my original and nuanced theory of advocative representation intervenes.
In the context of the paper and presentation, which are part of a larger book project, advocative representation can be understood as a function of Black judges' salient group identities, consciousness, and group attachments. In the paper and presentation, I draw on various types of data, including original surveys and in-depth interviews of sitting and recent Black state judges from across the country, to examine who Black judges are, the influences on their legal decision-making and behavior, and the consequences and importance of political representation in our nation's courts. The project is timely given that the number of Black judges has grown considerably in recent decades, and yet, we know very little about these jurists. The project is also important because of a lack of consensus in the existing literature about the significance of racial representation in the courts, and yet there continue to be calls for judicial diversity with the assumption that judges from marginalized backgrounds will represent group interests and help transform the system. This paper and presentation will have broad appeal because it speaks to what it truly means that there is increased political representation of Black people in the courts. Moreover, the work offers new insights into the lives, identities, commitments, and behaviors of Black judges and reveals various previously unidentified manifestations of representation by Black judges in their courtrooms, courthouses, and communities.

Author

• Taneisha Nicole Means, Vassar College