As his tenure ends, Brown’s judicial picks have small impact on bench diversity

SACRAMENTO -- The California judiciary has become more diverse in terms of race and gender under Gov. Jerry Brown, according to an annual report released by the administration on Thursday.

But the state has a long way to go before the diversity of the bench approaches that of the overall state population.

For instance, 5 percent of the judges and justices in California were Asian American when Brown took office at the beginning of 2011. They now make up 6.5 percent. But according to the U.S. Census, about 15 percent of Californians are Asian American.

"There is a long way to go still, but both Gov. Brown and his appointment secretary, Josh Groban, have shown a real concerted effort to increase diversity on the bench," said Charles H. Jung, a board member with the National Asian Pacific American Bar Association and a partner with Nassiri & Jung LLP in San Francisco.

These disparities can be particularly notable in some of the more diverse, urban areas of the state, Jung added. The latest report shows that about one in five judges on the San Francisco County Superior Court are Asian American. But Jung said it was important to keep in mind that the city is about a third Asian.

But after two terms in office, and 16 years total as a governor, Brown's impact on the diversity of the state judiciary has been somewhat limited, according to attorneys who are frustrated by that fact.

Cindy C. Liu, the president of the Asian/Pacific Bar Association of Sacramento, pointed to the state appeals courts, where two Asian Americans currently sit among 93 justices.

The administration released the latest data along with a list of historic "firsts" on the bench. But Liu said these show how much more needs to be done. As an example, she pointed to Benjamin T. Reyes, appointed by Brown last year as "the first Filipino-American judge ever appointed to Contra Costa Superior Court."

"This shouldn't be the first time there is a Filipino-American judge in Contra Costa," Liu said.

Other groups have seen similar gains, yet still show similar or even greater deficits.

For instance, Hispanics now make up 10 percent of the state bench, up from 7.5 percent when Brown took office seven years ago. But they make up about 39 percent of the state, making them the single largest ethnic group.

The percentage of African American judges increased slightly from 5.2 percent to 6.9 percent -- nearly the same as their percentage of the state population.

Non-Hispanic whites make up about 69 percent of the judiciary. This is down from almost 74 percent when Brown took office, but is still more than 30 points higher than their percentage of the population.

LGBT justices make up 3 percent of the state judiciary. The report did not compare these numbers over time, given that these questions of sexual orientation have not been tracked as long as the ethnicity numbers.

The bench also remains disproportionately male. Women make up 33.6 percent of judges, up from 29.2 percent when Brown took office.

On Brown's list of firsts is Yvette Durant, whom he appointed in late 2016 as the first woman on the Sierra County Superior Court.

Brown's most recent batch of 28 judges and justices was announced on Tuesday. It included 12 women, including Mary J. Greenwood, who was promoted to presiding justice of the 6th District Court of Appeal.

This appointment was notable in that Greenwood is a former public defender who was appointed to the 6th District just two months ago. Traditionally, it has been one of the most conservative benches in the state, stocked with appointees from the George Deukmejian and Pete Wilson administrations.

"They really are going after a diversity of experience as well," said San Diego County Superior Court Judge David M. Rubin. "It's really impressive."

He pointed not just to the relatively large number of judges who used to work in defenders' offices -- nine among the judges and justices announced this week -- but also the inclusion of appellate specialists, solo attorneys and other types of lawyers often overlooked for the bench.

Rubin is a former president of the California Judges Association who won his seat in 2006 running as an openly gay attorney. He praised Brown for finding diverse picks who are also highly qualified.

"That's always the criticism, that the standards are lowered to create a diverse bench, and that's just not true," Rubin said.

The new judges and justices announced by Brown this week also reflected political diversity. They included four Republicans and seven who did not list a party.

This was "eye opening" to Charles H. Bell, a partner with the Sacramento-based Republican political law firm Bell, McAndrews & Hiltachk LLP. But he said that both Brown and Arnold Schwarzenegger before him have shown more ideological diversity than previous governors such as Wilson and Democrat Gray Davis.

While Bell said he didn't personally know any of the Republicans named, one did stand out: Mark A. Ralphs in El Dorado County.

"It's a little unusual for a Republican to be a public defender," Bell said.