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48 Judges J. 33 (2009)
How One State Enhanced Diversity on the Bench - The Merit Selection Process in Maryland

handle is hein.journals/judgej48 and id is 123 raw text is: How One State Enhanced Diversity on the Bench THE MERIT SELECTION PROCESS IN MARYLAND By Andrea Leahy Fucheck N early every state employs a dis- tinct process for selecting judges. Paradoxically, the diversity of processes among the states has not oper- ated to increase racial, ethnic, and gen- der diversity among state judges, which lags far behind the general populations they serve. In 2008, the Brennan Center for Justice reported that women judges remain underrepresented, especially in states' highest courts, and the number of African-American male judges is actual- ly decreasing.' Scholars disagree whether any particular system of judicial selection advances diversity more than another.2 Vision and commitment matter, regard- less the system. Neither is readily quantifi- able, but as this essay demonstrates, vision and commitment may dramatically impact the outcomes of any appointment system. Conversely, if the judicial selection pro- cess is not open to nominating qualified diverse candidates for appointment, the vision, and commitment of the appointing authority are stymied. This article examines the appointment process employed in Maryland during and leading up to the eight year term (1995- 2003) of Governor Parris N. Glendening. During Governor Glendening's term, the number of women and minorities appoint- ed to the bench in Maryland increased dra- matically. When he took office in 1995, out of 240 judges state-wide, there were only 36 female judges. Governor Glendening appointed an additional 53 women to the bench and elevated 13 women judges to a higher court. In 1995 there were only 29 minority judges (including females) state- wide. Governor Glendening appointed 32 minorities to the bench and elevated anoth- er 12 minority judges to a higher court. At the end of Governor Glendening's term, of the 271 judges then authorized, 52 were minorities and 75 (including minorities) were women. The below chart compares the gender and minority populations of Maryland's judiciary at the beginning and end of Governor Glendening's term in office. The significance of these appointments is not just a story of numbers. Many of the appointments were momentous because in a legal system over 300 years old,3 they were the first. Governor Glendening appointed the state's first Hispanic judge, Audrey Carrion, in 1995, and the first Asian-Pacific judge, Jeannie Hong, in 2002. He appointed the first female judge, Pamela North, and the first African- American judge, Clayton Greene, to the Anne Arundel County Circuit Court in 1995. The state's capital, home of the nation's oldest statehouse in operation, did not have a female or minority circuit court judge until 1995! During the entire history of Maryland's Eastern Shore, no woman had ever served on any court in any of its nine counties until 1996, when Governor Glendening appoint- ed Judge Sally Adkins to the Wicomico County Circuit Court. Governor Martin O'Malley has since elevated Judge Sally Adkins to the court of appeals. In 2001, Governor Glendening appointed then-U.S. Attorney for the District of 120 Maryland Lynne Battaglia to the 100 Maryland Court of Appeals. Judge Battaglia was the first female - U.S. attorney in O 60 Maryland. When 0 Judge Battaglia D 40 was chosen to Z serve on the court 20 of appeals, she joined Judge Irma S. Raker, recipient TOTA FEMAL of the ABA's pres- MINORI tigious Margaret Brent Award , expand- ing the number of women on the State's highest Court to two. Picking up where Governor Glendening left off years ago, Governor O'Malley has now expanded this number to three with the appoint- ment of Judge Mary Ellen Barbera. Of the seven members of the court of appeals, three are female and two are African- American males.' Perhaps the most noteworthy appoint- ment was that of Judge Robert M. Bell, who became chief judge of the Maryland Court of Appeals in 1996. He is the first African-American to serve as chief judge in Maryland. Interestingly, the day before this historic appointment, the gov- ernor unveiled the Thurgood Marshall Memorial near the place where, in 1935, Thurgood Marshall successfully argued before the Maryland Court of Appeals that the University of Maryland Law School could not exclude African Americans. Two ingredients are required to achieve these results: 1) the vision and commitment to achieve greater diversity; and 2) a process that embraces diver- sity and encourages qualified men and women of all racial and ethnic groups to apply for appointment to the bench. 1 1995 STATISTICS N 2003 STATISTICS I _ .E MINORITY FEMALE kL E/ ITY Summer 2009 -. Judges' Journal

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