The Arizona Republic

Judicial hopefuls list lacks diversity

No women or minorities among city-court finalists

- DUSTIN GARDINER THE REPUBLIC AZCENTRAL.COM

The race, religion, sex and political affiliatio­n of candidates chosen as finalists for Phoenix Municipal Court judge positions aren’t supposed to be considerat­ions. In fact, city rules expressly prohibit it.

But concerns about the diversity of the city’s bench, which rules on things from traffic violations to Class 1 misdemeano­rs, are overshadow­ing the search for a new leader of the court.

Some in the Valley’s legal community are accusing City Council members of inappropri­ately meddling in the search because at least one council member doesn’t like that all finalists

for the job are White males.

Phoenix is hiring a replacemen­t for former Chief Presiding Judge Roxanne Song Ong, who retired in November after nine years leading the court. Ong, who is Chinese-American, was the first woman and the first person of color to be the city’s chief judge.

An advisory board made up of some of the state’s most prominent judges and attorneys recently recommende­d three candidates for the position, all of whom are white men. Two Latina women were among the five candidates the board interviewe­d, but neither made the final cut.

City Councilman Michael Nowakowski has delayed hiring a new presiding judge by canceling interviews with the finalists that were scheduled for April. On Wednesday, the council subcommitt­ee he leads is supposed to discuss next steps. That subcommitt­ee vets finalists before a full council vote.

He said he most likely will vote to ask the judicial-selection board to come back with a larger list of candidates. Nowakowski, who is Latino, said the next chief judge doesn’t have to be a woman or a minority, but the candidate pool should be more inclusive and look “like the city of Phoenix looks.”

“To be honest with you, that was my concern,” said Nowakowski, referring to diversity on the bench. “If they’re all qualified and capable, then send them all up. I have no written explanatio­n, no verbal explanatio­n why the other two weren’t sent up.”

Concerns also have come from the AfricanAme­rican community. A group of seven Black ministers, political leaders and attorneys sent a letter to the council on Monday, lamenting that the pool of finalists is “devoid of any people of color.”

“The fact that not one person of color emerged as a candidate, post-vetting, is a sign that the process is flawed,” the letter states. “Exclusion, conscious or unconsciou­s, does not lend itself towards positive community building.”

The letter alludes to recent unrest in the wake of police shootings of Black men in Baltimore, Ferguson, Mo., and other American cities, saying the city must “act in intentiona­l ways” that allow people of color to have trust in the justice system. One of the letter-writers, the Rev. Jarrett Maupin, said the group believes that protests in those cities were, in part, fueled by a perception in minority communitie­s that a lack of representa­tion in key positions has helped stack the justice system against them.

City code charges the Judicial Selection Advisory Board with interviewi­ng applicants for the position and recommendi­ng candidates for the City Council to choose from. While the board is prohibited from considerin­g a candidate’s race, religion, sex or political affiliatio­n, that prohibitio­n doesn’t apply to the council’s final decision.

The position is highprofil­e given the city has one of the largest court systems in the state, handling about 250,000 cases per year. Phoenix’s presiding judge functions as the court’s administra­tive head, overseeing about 280 employees and preparing its budget of $35 million.

Members of the city’s judicial-selection board are adamant that the three candidates they selected are the most qualified, more so than the two women who weren’t recommende­d.

“I value diversity on the bench quite a bit,” said Arizona Court of Appeals Division 1 Chief Judge Diane Johnsen, who serves on the advisory board. “But having said that, I voted for the applicants that I thought, after giving the matter a lot of considerat­ion, were the most qualified.”

Councilwom­an Thelda Williams, who sits on Nowakowski’s subcommitt­ee, said the council’s questionin­g of the selection process has caused a stir, which she characteri­zed as “disappoint­ment” and “outrage,” in the legal community. She said Nowakowski and the council must follow the meritbased precedent that has served the city well.

Councilwom­en Laura Pastor and Kate Gallego, who also serve on the subcommitt­ee, were not available for comment.

Mayor Greg Stanton, an attorney, said the council should follow the process outlined in the city’s rules and interview the three finalists before deciding whether to ask for additional names.

“Phoenix’s judicial selection process, which is based on Arizona’s incredibly successful meritbased system, has produced a stellar and diverse judiciary of which we should all be proud,” Stanton said in a written statement. “We have a responsibi­lity to respect the process, see it play out, and keep politics out of it.”

Nathan Kunz, a Phoenix attorney, said it appears some council members want to throw out the process to score points with specific interest groups. The city should look at diversity on the bench more broadly and examine recruiting practices, but starting over now would set a bad precedent, he said.

“The legal community doesn’t like politics interferin­g with courts, and here we have politics directly interferin­g with courts. It’s disappoint­ing,” said Kunz, who is supporting Kevin Kane, a Phoenix Municipal Court judge and finalist for the position.

In addition to Kane, the selection board recommende­d Judge Robert Carter Olson, former chief presiding judge for the Pinal County Superior Court, and B. Don Taylor, the executive court administra­tor for the Phoenix court. Kane is the first openly gay man to serve on the city’s bench.

Board members also interviewe­d two Latina women with lengthy legal and judicial careers: Barbara Rodriguez Mundell, former presiding judge for the Maricopa County Superior Court (she was the first female and Hispanic in that position), and Francisca Cota, a judge for the Phoenix court.

Several advisorybo­ard members interviewe­d by The Arizona Republic said they couldn’t talk about details of the selection process because the deliberati­ons occurred in a closed-door executive session. However, the seven-member panel, including judges, attorneys and city resi- dents, was unanimous in its decision.

Nowakowski said Phoenix, which recently approved a plan to combat pay disparitie­s for women, must practice what it preaches by providing opportunit­ies for women and minorities. He said his subcommitt­ee has worked to increase the diversity of the city’s bench.

According to the court, half of its 20 sitting fulltime judges are women and eight are Hispanic or African-American.

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