Addressing Racial Bias Issues in Federal Court

Resources and Handouts for the Fall Symposium

Symposium Overview

The Northern District of California Federal Practice Program is presenting a symposium on racial bias issues as they relate to federal practice. The panels will focus on the role that race and racial prejudice play in the workplace, sentencing, jury selection, and in access to justice in civil litigation. We will hear from judges and other experts regarding their experience, research, groundbreaking case law, and changes to procedure. Our symposium will conclude with a conversation with The Honorable Thelton E. Henderson (hosted by The Honorable Haywood S. Gilliam, Jr.).

The symposium will take place via Zoom on two mornings, October 14-15, 2020.

MCLE: 4 Hours of California CLE is pending (including Elimination of Bias)

Wednesday, October 14, 2020

Diversity, Equity and Inclusion in the Workplace (Plenary) 10 am – 11 am (1 hr. Elimination of Bias CLE)

Moderator: Shana Simmons, General Counsel, Everlaw

Panelists:

• The Honorable Yvonne Gonzalez Rogers, U.S. District Court, Northern District of California
• The Honorable Donna M. Ryu, U.S. District Court, Northern District of California
• Evangelina Almirantearena, Vice President, Associate General Counsel, Antitrust and Commercial Litigation at Intel Corporation
• Lisa Freeland, Federal Public Defender for the Western District of Pennsylvania
• Robert Grey, President, Leadership Council on Legal Diversity

This panel will examine what we as legal professionals can be doing to address issues of racial equity in our own workplaces. We’ll hear views from the bench and practitioners on topics including sponsorship and mentorship of diverse attorneys, professional development, and initiatives to foster diversity and inclusion in companies, firms, and government workplaces. The goal of this panel is for audience members to come away with concrete actions they’ll take to create a more diverse and inclusive legal profession.

Race and Sentencing 11:15 am – 12:15 pm (1 hr. Elimination of Bias CLE)

Moderator: The Honorable Edward M. Chen, U.S. District Court, Northern District of California

Panelists:

• The Honorable Mark W. Bennett, Northern District of Iowa (retired); Director, Drake Law School Institute for Justice Reform and Innovation
• Anthony Castellano, Chief U.S. Probation Officer, Northern District of California
• Marissa Harris, Assistant United States Attorney, Northern District of California
• Jodi Linker, Assistant Federal Public Defender
• Mona Lynch, Ph.D., Department Chair and Professor of Criminology, Law and Society, UC Irvine

This panel will focus on the role that race and racial prejudice play in sentencing. The panel will assist practitioners in understanding how issues of race and racial bias often go unrecognized by attorneys and judges in the sentencing process and how we can do a better job both individually and systemically to counteract racial bias in sentencing.

Access to Justice (Civil) 11:15 am – 12:15 pm (1 hr. General CLE)

Moderator: The Honorable Edward J. Davila, U.S. District Court, Northern District of California

Panelists:

• Judge Rupert Byrdsong, Los Angeles County Superior Court
• Prof. Sarah Greene, Duke University School of Law
• Prof. Jennifer Wriggins, University of Maine School of Law

This panel will focus on the role that race plays in issues around access to civil justice. Among the topics discussed will be perceptions that people of color may have regarding the civil justice system, the sources of those perceptions, and how those perceptions affect individuals’ willingness to use the system or trust its outcomes. In addition, the panel will discuss research regarding the role of race in tort damages remedies.

Thursday, October 15, 2020

Addressing Racial Bias in Jury Selection 11 am – 12 pm (1 hr. Elimination of Bias CLE)

Moderator: Judge Danny Chou, San Mateo County Superior Court

Panelists:

• Justice Mary Yu, Washington Supreme Court
• The Honorable Mark W. Bennett, Northern District of Iowa (retired); Director, Drake Law School Institute for Justice Reform and Innovation
• Dr. Alexis Forbes, Bonora Rountree Trial Consulting & Research

This panel will focus on racial bias in jury selection. The panel will discuss the current scope of the problem of racial bias in jury trials, explain how the current jury selection system contributes to this problem, and talk about practical measures that can be taken to address the problem.

A Conversation With the Honorable Thelton E. Henderson, U.S. District Court, Northern District of California (retired) 12:15 pm – 1:15 pm

Hosted by: The Honorable Haywood S. Gilliam, Jr., U.S. District Court, Northern District of California

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Cost: $20

Fee waiver requests: The fee waiver is reserved for students and those who are unemployed. Please contact us at [email protected] if you would like to attend but cannot due to financial considerations.