On Saturday, March 2, 2024, Colorado Politics reported that judges in Colorado are raising awareness about the presence of bias in courtrooms and the legal profession.
According to the article, Judge Jon J. Olafson and Karen Steinhauser spoke at a Colorado Bar Association event on de-biasing the legal system. They discussed their own experiences with subtle biases during their legal careers. Judge Olafson, who is gay, recalled being singled out for professional duties in inappropriate ways related to his sexuality. Steinhauser described an incident where she was asked by a judge to approach the bench, only to receive an unwelcome comment about her appearance rather than legal matters.
The presenters emphasized the importance of acknowledging when biases occur, even unconsciously, and addressing them respectfully. They believe simply becoming defensive or invalidating someone’s genuine concerns about bias sweeps the issues under the rug. Instead, the appropriate response is to apologize and commit to avoiding similar behaviors going forward.
The Colorado Supreme Court had also recently updated its standard jury instructions to include a new section cautioning jurors to be aware of their potential implicit or unconscious biases. Meanwhile, Judge Olafson’s courtroom has a written policy prohibiting biased conduct based on attributes such as race, religion, and sexual orientation. He also advocates for the use of gender-neutral language in legal settings wherever applicable.
Steinhauser and Olafson provided examples of common implicit biases, such as the “affinity bias” that can cause employers to prefer candidates similar to themselves. They stressed that while biases are natural cognitive shortcuts, their negative effects on inclusiveness must be counteracted, especially in the legal profession responsible for impartial justice. The presenters aimed to educate others on recognizing subtle biases and providing an inclusive, respectful environment for all in courtrooms and law.
Source: Colorado Politics
