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The Demographics of the Judiciary

Recently, I read an article (with the National Lawyers Guild Student Group) that inspired me to go look up the demographics of the judiciary (specifically the federal appellate courts), which I was going to try to put in the Crier, but really I don't think I'm going to get around to that before finals are over, but procrastinating with facebook I can do - but I'll first tell a little story about how I got to deciding to procrastinating with that right now...

I was just reading an article about a project that Stanford Law School students started (Group Info: www.betterlegalprofession.org/ Facebook group name: Law Students Building a Better Legal Profession) (Article: http://www.nytimes.com/2007/10/29/us/29bar.html?em&ex=1193889600&en=4b0cd84261ffe5b4&ei=5087%0A)

The idea is interesting, a group of students trying to call out large firms on their lack of diversity. I find the article interesting because of this quote:
“As bad as their numbers are,” Professor Amar said of the firms, “the relevant applicant pool of law students with top grades is more white and Asian still.”

Okay, there are the obvious reasons why this stupid quote would irritate me, but the reason prompting me to put in the statistics is because I think it's easy to buy into an aspect of the model minority myth for Asian Americans, - that Asian Americans may face less discrimination in education and employment. The model minority myth tells us that this wide and varied population is smarter than average (or that they work harder) this translates to the idea that they are not discriminated against, especially in college admissions. But when it comes to representation in the judiciary, even if Asians are in colleges in higher numbers, it doesn't translate to getting the jobs. Asians have the second least amount of representation in the federal judiciary (0.7% - 2nd to Native Americans). Based on this, I cannot help but wonder if Asian Americans are really getting the positions at law firms in numbers at all representative of their proportions of the U.S. demographics (and then of course if we were really going to get into it, we should actually question the breakdown by Vietnamese, Chinese, Japanese, Korean, etc., in order to really understand the issues faced by this widely varied group).

Getting to the Statistics
I only include the appellate courts for the federal courts, in part due to time, but also because these are the courts that make law that other courts have to follow and those outside their jxn look to for guidance. it's very interesting to me that a the people who interpret the laws are overrepresented by white males (they compose about 70% of the judiciary and a little more than 30% of the U.S. population). My gut and reading cases like Ledbetter and the PICS cases, make me think the overreprestnation of any group is problematic for actually achieving justice. I wish I had the hours in the day to truly analyze the impact that this make-up can have on civil rights issues, all forms or racial/ethnic and/or sexual harassment, and a variety of access to justice issues.

Overall Demographics in Washington State & the US
U.S. Racial/Ethnic Make-Up Per 2000 Census - http://quickfacts.census.gov/qfd/states/53000.html

White persons, 85.0% (WA) 80.2% (US)
White persons not Hispanic, 77.1% (WA) 66.9% (US)
Persons of Hispanic or Latino origin, 8.8% (WA) 14.4% (US)
Black persons, 3.5% (WA) 12.8% (US)
American Indian and Alaska Native persons, 1.7% (WA) 1.0% (US)
Asian persons, 6.4% (WA) 4.3% (US)
Native Hawaiian and Other Pacific Islander 0.5%(WA) 0.2% (US)
Persons reporting two or more races, 3.0% (WA) 1.5% (US)

Assuming that the population is 50% female and 50% male, white, nonhispanic men would be approximately 35% of the U.S. population.


The Demographic Make-Up of the Federal Judiciary (
Source: http://www.fjc.gov/public/home.nsf/hisj - search criteria was sitting judges; race/ethnicity; gender and the relevant court.

Caveat: the data was gathered by doing individual queries, while there are possibilities for typos, I did my best, and you can go to the website and check anything that might seem off. Also it's not in pretty designs or graphs or anything. Basically, it's the prettiest I'm willing to make time for in the midst of procrastinating my three papers and finals prep.

US Supreme Court: 1 female, 8 males = 9 total. 22.2% Nonwhite male - 11.1% female and 11.1% Male of color (African American)

All Sitting Judges in the Federal Judiciary
- All sitting African American judges: female 28; male 82
- All sitting Asian American judges: female 1; male 8
- All sitting Hispanic judges: female 17; male 52
- All sitting Native American judges: female 0; male 1
- All sitting White judges 189 female; male 901
- Out of a total of 1,277 judges, 376 are women (of any color/ethnicity) and men of any color/ethnicity other than white = 29%

All Sitting Judges in the U.S. Court of Appeals
- African American judges: 6 females; 12 males
- Asian American judges: 0 females; 1 male
- Hispanic judges: 3 female; 11 males
- Native American judges: 0 female; 0 males
- White judges 44 female; 190 males
- Out of a total of 267 judges, 77 are women (of any color/ethnicity) and men of any color/ethnicity other than white = 29%

All Sitting Judges in the U.S. District Court
- African American judges: 22 females; 69 males
- Asian American judges:1 female; 7 males
- Hispanic judges: 14 female; 41 males
- Native American judges: 0 females; 1 male
- White judges 143 females; 704 males
- Out of a total of 1,002 judges, 298 are women (of any color/ethnicity) and men of any color/ethnicity other than white = 30%


Circuit by Circuit Breakdown:

D.C. Circuit (Washington)
All Sitting Judges for the D.C. Court of Appeals

- African American judges: 2 females; 1 male
- Asian American judges: 0 females; 0 males
- Hispanic judges: 0 female; 0 males
- Native American judges: 0 females; 0 males
- White judges 1 females; 10 males


1st Circuit (Maine, Massachusetts, New Hampshire, Puerto Rico, Rhode Island)
First Circuit Court of Appeals:

- African American judges: 0 females; 0 males
- Asian American judges:0 female; 0 males
- Hispanic judges: 0 female; 1 males
- Native American judges: 0 females; 0 males
- White judges 1 females; 8 males


2nd Circuit (Connecticut, New York, Vermont)
Second Circuit Court of Appeals

- African American judges: 1 females; 1 males
- Asian American judges: 0 female; 0 males
- Hispanic judges: 1 female; 1 male
- Native American judges: 0 females; 0 males
- White judges 3 females; 15 males

3rd Circuit (Delaware, New Jersey, Pennsylvania, U.S. Virgin Islands)
Third Circuit Court of Appeals

- African American judges: 0 females; 1 males
- Asian American judges: 0 female;0 males
- Hispanic judges: 0 female; 1 males
- Native American judges: 0 females; 0 males
- White judges 4 females; 15 males

4th Circuit (Maryland, North Carolina, South Carolina, Virginia, West Virginia)
Fourth Circuit Court of Appeals

- African American judges: 1 females; 1 males
- Asian American judges: 0 female; 0 males
- Hispanic judges: 0 female; 0 males
- Native American judges: 0 females; 0 males
- White judges 2 females; 10 males

5th Circuit (Louisiana, Mississippi, Texas)
Fifth Circuit Court of Appeals

- African American judges: 0 females; 1 males
- Asian American judges: 0 female; 0 males
- Hispanic judges: 0 female; 3 males
- Native American judges: 0 females; 0 males
- White judges 4 females; 11 males

6th Circuit (Kentucky, Michigan, Ohio, Tennessee)
Sixth Circuit Court of Appeals

- African American judges: 0 females; 3 males
- Asian American judges: 0 female; 0 males
- Hispanic judges: 0 female; 0 males
- Native American judges: 0 females; 0 males
- White judges 6 females; 18 males

7th Circuit (Illinois, Indiana, Wisconsin)
Seventh Circuit Court of Appeals

- African American judges: 1 females; 0 males
- Asian American judges: 0 female; 0 males
- Hispanic judges: 0 female; 0 males
- Native American judges: 0 females; 0 males
- White judges 3 females; 11 males

8th Circuit (Arkansas, Iowa, Minnesota, Missouri, Nebraska, North Dakota, South Dakota)
Eighth Circuit Court of Appeals

- African American judges: 0 females; 1 male
- Asian American judges: 0 female; 0 males
- Hispanic judges: 0 female; 0 males
- Native American judges: 0 females; 0 males
- White judges 1 female; 18 males

9th Circuit (Alaska, Arizona, California, Guam, Hawaii, Idaho, Montana, Nevada, Northern Mariana Islands, Oregon, Washington)
Ninth Circuit Court of Appeals

- African American judges: 1 females; 1 males
- Asian American judges: 0 female; 1 males
- Hispanic judges: 2 female; 4 males
- Native American judges: 0 females; 0 males
- White judges 9 females; 32 males

All District Judges in Washington
- African American judges: 0 females; 3 males
- Asian American judges: 0 female; 0 males
- Hispanic judges: 0 female; 1 males
- Native American judges: 0 females; 0 males
- White judges 3 females; 38 males

Oregon District Judges
- African American judges: 0 females; 1 males
- Asian American judges: 0 female; 0 males
- Hispanic judges: 0 female; 0 males
- Native American judges: 0 females; 0 males
- White judges 3 females; 22 males

Nevada District Judges
- African American judges: 1 females; 0 males
- Asian American judges: 0 female; 0 males
- Hispanic judges: 0 female; 1 males
- Native American judges: 0 females; 0 males
- White judges 0 females; 21 males

Montana District Judges
-African American judges: 0 females; 0 males
-Asian American judges: 0 female; 0 males
-Hispanic judges: 0 female; 0 males
-Native American judges: 0 females; 0 males
-White judges 0 females; 5 males

Idaho District Judges
-African American judges: 0 females; 0 males
-Asian American judges: 0 female; 0 males
-Hispanic judges: 0 female; 0 males
-Native American judges: 0 females; 0 males
-White judges 0 females; 2 males

Hawaii District Judges
-African American judges: 0 females; 0 males
-Asian American judges: 0 female; 0 males
-Hispanic judges: 0 female; 0 males
-Native American judges: 0 females; 0 males
-White judges 1 females; 4 males

California District Judges (Total 84; 65 male)
-African American judges: 4 females; 10 males
-Asian American judges: 0 female; 6 males
-Hispanic judges: 1 female; 5 males
-Native American judges: 0 females; 0 males
-White judges 13 females; 44 males

Arizona District Judges (Total 20; 16 male)
-African American judges: 0 females; 1 males
-Asian American judges: 0 female; 0 males
-Hispanic judges: 1 female; 2 males
-Native American judges: 0 females; 0 males
-White judges 3 females; 13 males

Alaska District Judges (Total 7; 7 male)
-African American judges: 0 females; 0 males
-Asian American judges: 0 female; 0 males
-Hispanic judges: 0 female; 0 males
-Native American judges: 0 females; 0 males
-White judges 0 females; 7 males



10th Circuit (Colorado, Kansas, New Mexico, Oklahoma, Utah, Wyoming)
Tenth Circuit Court of Appeals

-African American judges: 0 females; 1 males
-Asian American judges: 0 female; 0 males
-Hispanic judges: 0 female; 1 males
-Native American judges: 0 females; 0 males
-White judges 3 females; 17 males

11th Circuit (Alabama, Florida, Georgia)
Eleventh Circuit Court of Appeals

-African American judges: 0 females; 1 males
-Asian American judges: 0 female; 0 males
-Hispanic judges: 0 female; 0 males
-Native American judges: 0 females; 0 males
-White judges 4 females; 12 males