Special Rapporteur Margaret Satterthwaite voiced serious concerns that a Supreme Court Justice in the state of North Carolina, Anita Earls, was investigated for comments made regarding the potential role that implicit biases based on race, gender, and political affiliation can play in the Court’s decision-making.

She stated that judges have the right to express themselves, just like any other citizen, as long as they maintain the integrity of their position and uphold the fairness and autonomy of the legal system.

Judges should not be subject to disciplinary investigations for expressing their views on matters of significant public importance in a democratic society.

Interview sparks investigation 

Justice Earls is the sole African American female justice and one of two Democratic members on the highest court in North Carolina.

In June 2023, the state’s Judicial Standards Commission conducted an investigation on a woman regarding her comments about the lack of diversity in race and gender among advocates and judges’ clerks, and the influence of implicit bias on the treatment of women and people of color by the justices.

She recounted instances of being disrupted and receiving unequal treatment from her peers while presenting arguments in public, suggesting that this could be due to her race, sex, or political beliefs.

She also talked about the choice to end initiatives focused on promoting fairness and addressing hidden prejudices in the North Carolina court system.

The Commission’s inquiry into Justice Earls’ case stated that a judge should not accuse a fellow judge of making biased decisions without solid evidence to support the claim.

Issues regarding discrimination and retaliation

Ms. Satterthwaite replied that she has observed proof of other North Carolina Supreme Court judges publicly accusing their peers of partisan behavior without being investigated by the Commission.

“She stated that the Commission’s actions of targeting the speech of the sole African American woman on North Carolina’s Supreme Court may suggest discriminatory behavior based on race and gender.”

The panel of experts also conveyed worry that the actions taken by the Commission could be seen as retaliation against Justice Earls for speaking out about urgent matters regarding discrimination based on race and gender.

Diversity and representation

She cautioned that this may cause a deterrent for other members of the court to speak out about concerns of racial and gender prejudice. She emphasized the importance of addressing discrimination as a top priority for everyone involved in the justice system.

She stated that in order to adequately fulfill its duty of upholding equality through the legal system, the judiciary must possess diversity and representation.

Judges can play a crucial role in translating the concept of equality before the law into action by addressing issues of representation and bias in judicial systems. It is important to protect and promote the freedom of judges to make such comments.

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Information on the United Nations Special Rapporteurs”

Margaret Satterthwaite holds the position of UN Special Rapporteur for the autonomy of judges and lawyers.

She was selected by the UN Human Rights Council to serve as a member of its Special Procedures, which are independent mechanisms responsible for investigating and monitoring particular country situations or themes across the globe.

These human rights professionals serve on a voluntary basis and are not affiliated with any government or organization.

They fulfill their duties as individuals and are not employed by the United Nations, and they do not receive compensation for their services.

Source: news.un.org