The ultimate impact of a report on racial and gender bias in Pennsylvania's judicial system remains unclear.
But one thing is certain. Some state officials have taken the report's findings to heart and have set wheels in motion for change.
Upon receiving the report, Pennsylvania Supreme Court Chief Justice Ralph Cappy immediately appointed two task forces to implement the recommendations put forth by the court's committee on racial and gender bias.
While suggestions for equity were made to district attorney and public defender offices, the governor, and Legislature, the task forces will work only to implement the recommendation made to the court. They will consider all of the recommendations put forth in the report and determine when they can be employed or if they are impractical.
A task force chaired by state Superior Court Judge Maureen Lally-Green is examining the gender recommendations and a task force chaired by Philadelphia city solicitor Nelson Diaz, a former state judge, is focusing on the racial recommendations.
Milton Velez, special assistant to Diaz, said the six-member task force considering the racial suggestions has met to discuss how it will carry out the process. Velez said the task force will meet more in the next few months but he did not know how long the process might take.
Steps also are being taken on the legislative front.
Working in conjunction with the 19-member Pennsylvania Legislative Black Caucus, Rep. Harold James, D-Philadelphia, has introduced several bills aimed at carrying out the committee's recommendations to the General Assembly.
One bill would attempt to improve jury diversity by permitting attorneys to insist that some jurors be the same race as the defendant or victim. The number of minority jurors would be dependent on the minority population in that judicial district.
If the defendant or victim's race represents a quarter of the population in the judicial district, lawyers would be able to insist on at least three jurors of the same race. If that race represents between one-sixth and one-fourth of the population, lawyers could insist on at least two jurors of the same race as the defendant or victim. At least one juror could be insisted on if the defendant or victim's race represents less than one-sixth of the population.
"This bill would help ensure that the constitutional right of a trial by a jury of one's peers is met for all," James said.
James has introduced four additional bills, all of which are intended to improve jury diversity. He is also sponsoring legislation that seeks to put an end to racial profiling and police prosecutorial misconduct.

