Race

Question 1

Do you think the judiciary is systemically racist? What about police departments?

Answer 1

The question of whether there is systemic racism in the courts is an important question for policymakers to consider, but I haven’t undertaken any analysis to confirm whether this is true.

As a judge, my role would be to evaluate the evidence in front of me involving the individual litigants and not to reach outside the narrow issues presented by the case.

I assure you, however, that no one in my court room would be treated unfairly because of their race.

Question 2

Is the Supreme Court racist/sexist/homophoic etc.?

Answer 2

I have nothing but the utmost respect for the Supreme Court. I would never characterize a justice, judge, or court as racist.

Question 3

Should people be given shorter sentences because of their race or because they belong to a historically disadvantaged group?

Answer 3

No, race should never play a factor in sentencing decisions. The appropriate factors are found in 18 USC 3553. They include:

1. The nature of the offense and history of the defendant,
2. The kinds of sentences available,
3. The impact on the victims,
4. The need to avoid unwarranted sentencing disparities.

Question 4

Is the criminal justice system racist?

Answer 4

The question of whether there is systemic racism in the courts/criminal justice system is an important question for policymakers to consider, but I haven’t undertaken any analysis to confirm whether this is true.

I am generally aware, however, that Blacks make up roughly 12% of the nations population, but nearly 40% of the federal prison population according to the BOP.

Question 5

What is implicit bias?

Answer 5

I’m not a social researcher, so I don’t know that I can give you a textbook definition, but I generally understand it to refer to the notion that we all have biases that operate on a subconscious level.

Question 6

Do I have implicit bias? Do you have implicit bias? Does it make me/you racist?

Answer 6

I’m not a social researcher, so I don’t know that I can give you a textbook definition, but I generally understand it to refer to the notion that we all have biases that operate on a subconscious level.

So with that understanding, I think we all harbor some subconscious bias. There are tools to guard against implicit bias like the Implicit Association Test pioneered by University of Washington Professor Anthony Greenwald.

No, acknowledging implicit bias does not make you racist.

Question 7

Washington has passed GR 37. Was it wise to do so?

Answer 7

The Washington Supreme Court adopted General Rule 37 aimed at eliminating implicit and intentional racial bias in jury selection. Regardless of your political feelings, I think we can all agree that racial bias should have no part in jury selection.

The question of whether there is systemic racism in the courts is an important question for policymakers to consider, but I haven’t undertaken any analysis to confirm anything beyond that.

Question 8

Do you believe in racial quotas?

Answer 8

Generally speaking, the the Supreme Court outlawed the use of racial quotas in the Bakke decision.

My beliefs are irrelevant on this point as I’m duty bound to follow the supreme law of the land. I think also forecasting my beliefs on this specific subject would show prejudgment on an issue that may come before me, and as a judge that’s something I would have to guard against.

Question 9

Can or should universities consider race in admission decisions?

Answer 9

The Supreme Court has spoke on racial quotas in the Bakke decision, holding them illegal. The court also upheld the limited use of race-conscious admissions. If confirmed, I will apply the existing law regarding quotas and race-conscious admissions if the issue should come before me.