Hero Federal Judge Takes Steps To Increase Meaningful Experience For Diverse Lawyers

Diversity is everyone's responsibility.

Is hero too strong a word? Maybe. After all, the only thing that Senior District Judge Jack B. Weinstein of the Eastern District of New York did was change the individual rules in his courtroom. No biggie, right? Well, he made the change “[f]ollowing reports of and studies of underrepresentation of female attorneys and minorities in oral arguments.”

He was inspired by a New York State Bar Association report that found women were in lead counsel roles (you, know, the folks most likely to have speaking roles in court) only about 25 percent of the time. The judge’s new rule, while not mandating changes in his courtroom, clearly seeks to incentivize diversity:

The Federal District Court for the Eastern District of New York is a teaching court. Each year, hundreds of law students serve as externs in the chambers of magistrate and district judges. They are a valuable resource, and through their work at the court, learn the basics of federal litigation. Members of the court engage in educational activities such as teaching, writing, and lecturing. Junior members of legal teams representing clients are invited to argue motions they have helped prepare and to question witnesses with whom they have worked. Opportunities to train young attorneys in oral advocacy are rare because of the decline of trials. Where junior lawyers are familiar with the matter under consideration, but have little experience arguing before a court, they should be encouraged to speak by the presiding judge and the law firms involved in the case. This court is amenable to permitting a number of lawyers to argue for one party if this creates an opportunity for a junior lawyer to participate. The ultimate decision of who speaks on behalf of the client is for the lawyer in charge of the case, not for the court.

Judge Weinstein isn’t the only judge to actively encourage younger, more diverse lawyers to speak in court. In fact, in Judge Weinstein’s own district, Judge Ann M. Donnelly has taken a similar position. In an interview with the New York Times, Judge Weinstein notes that the modern inclination towards fewer trials is impacting the opportunities available:

“I’ve been doing this on my own for some time, but not in a systematic way,” Judge Weinstein, who is 96, said. “It’s particularly important because we have so few trials these days so some of the youngsters don’t get the same training they used to. It’s important for everyone, and for the litigation process, that the upcoming generation understands the fundamentals and just gets up on their feet.”

(It should be noted that despite the Times headline, “A Judge Wants a Bigger Role for Female Lawyers. So He Made a Rule.,” Judge Weinstein explicitly created the rule to increase opportunities for both women and minorities.)

Retired Judge Shira Scheindlin of the Southern District of New York has also written about the old, white man club of people that get to talk in courtrooms. Her passion for the issue was instrumental in Judge Weinstein’s rule change:

Sponsored

A few weeks ago, Judge Scheindlin said, she had lunch with Judge Weinstein who asked her, as he always does when they meet, “What good are you doing in the world these days?” When Judge Scheindlin mentioned the bar association report, Judge Weinstein asked what he could do to help. “I said, if you’re so inclined,” Judge Scheindlin recalled, “you could amend your individual rules. He said, ‘I’m going to do it!’ and started taking notes.”

Judge Weinstein is “such an icon and so respected,” Judge Scheindlin added, “that maybe other judges will follow. I’m hoping his choosing to do this will jump-start others to do the same.”

So it’s a good reminder: diversity is everyone’s responsibility. You can look for opportunities, big and small, to make changes in your workplace.

Sponsored