On Monday, February 5, 2024, UN News reported that the United Nations Special Rapporteur on the independence of judges and lawyers expressed serious concerns regarding an investigation into comments made by a North Carolina Supreme Court justice.
Margaret Satterthwaite said that Justice Anita Earls of the North Carolina Supreme Court was under investigation by the state’s Judicial Standards Commission for remarks she made in a June 2023 interview. In the interview, Justice Earls discussed issues like the lack of racial and gender diversity among advocates arguing before the court and among clerks. She also talked about potential implicit biases based on race, gender or political affiliation that could influence decision-making.
The Special Rapporteur noted that as citizens, judges should have freedom of expression as long as they maintain the dignity of their role and impartiality of the judiciary. Satterthwaite stated that judges should not face disciplinary action for speaking on issues of public interest that are important for democracy. However, the Commission’s investigation claimed that a judge cannot publicly allege that a colleague’s decisions are improperly motivated without definitive proof.
Satterthwaite pointed out that other North Carolina Supreme Court justices have accused colleagues of partisan conduct before but were not investigated. She said singling out the comments of Justice Earls, who is the only African American woman on the court, raises the possibility of discrimination based on race and gender. The expert also warned the Commission’s actions could constitute reprisal against Earls for drawing attention to racial and gender discrimination issues.
In conclusion, Satterthwaite stressed the importance of combating discrimination in the justice system. She stated that to properly defend equality under the law, the judiciary needs to be diverse and representative. According to Satterthwaite, judges should be allowed and even encouraged to raise concerns about representation and bias to help make equal protection a reality.
Source: UN News
