Judges should receive anti-bias training, ABA House says
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The issue of implicit bias has been a hot topic for the legal community, and combating it has previously been the subject of ABA efforts. New ABA President Hilarie Bass, who began her term at the close of the 2017 ABA Annual Meeting Tuesday, even created a task force to address the issue during her time as head of the Section of Litigation.
On Monday, the ABA House of Delegates approved a resolution calling for anti-bias training to be provided specifically for judges.
The Young Lawyers Division, Judicial Division and Section of Litigation introduced Resolution 121 to urge all courts to provide judicial training and continuing education on implicit bias. It also asks that state and local bar associations “work with courts to offer de-biasing training to judicial officers free of cost and at the convenience of the courts.”
Lauren Marsicano with the Young Lawyers Division spoke in favor of the resolution. She recalled being told in law school that even what a judge ate before they ruled on a case could influence their decision. “I hope that they had a great breakfast, now that I’m practicing,” she quipped, to laughter from the delegates.
She recalled a quote by Judge Bernice Bouie Donald of the Cincinnati-based 6th U.S. Circuit Court of Appeals: “All judges view the function of their job through the lens of their experiences.”
Marsicano said with additional bias training, she hoped that the worst thing future litigants would have to worry about influencing judges was what they had to eat that day.
The resolution passed with no one speaking in opposition and no audible “no” votes.
Follow along with our full coverage of the 2017 ABA Annual Meeting.
