Last month, Americans across our nation commemorated the 50th anniversary of the March on Washington. The Rev. Martin Luther King Jr.’s soaring oratory doubtless ensured that the march would be seared into our collective memories and conscience. But the march also was successful because it was peaceful and inclusive.
Notably, thousands of people who were not African-American — including white leaders of different religions and backgrounds, and celebrities such as Joan Baez, Marlon Brando and Charlton Heston — also joined the march. They collectively gave face to the conviction that the march was about freedom and opportunity for all Americans and not only African-Americans. The march gained legitimacy in large part because it laid the foundation for a set of shared values and principles for all Americans to embrace.
The enduring legacy of the March on Washington has taught us that meaningful diversity and inclusion reflecting the richness of the American melting pot are crucial to preserving the legitimacy of our country’s institutions. Among the most vital institutions where legitimacy must be maintained is the judiciary. The judiciary’s power is derived solely from the people’s belief that courts are fair and just.
Toward that end, Asian Pacific American (APA) advocacy groups have sought to ensure that the judicial system properly reflects the rich diversity of America. Asian Pacific Americans currently represent approximately 6 percent of the American population, but less than 3 percent of the American judiciary. These judges are located in just six states plus the District of Columbia.
To be sure, significant progress has been made, notably in the last four years. Since 2009, the number of Asian Pacific American federal judges has almost tripled. They have included numerous firsts: the first female APA federal appellate judge anywhere in the country; the first APA federal appellate judge in the D.C. Circuit and the Second Circuit; and the first APA federal trial judge in the states of Illinois, Nevada and Pennsylvania.
These new judges are of Chinese, Filipino, Indian, Japanese, Korean, Native Hawaiian and Vietnamese descent, reflecting a full panoply of Asian Pacific Americans — and all with impeccable credentials.
This encouraging increase in the number of APA federal jurists helps to ensure that people of color appearing in court will have heightened confidence in the justice system.
Despite significant progress since the March on Washington, it is premature to declare that race no longer matters in our country. The simple truth is that a person of color may have reason to doubt the validity and fairness of a justice system if all the major players — judge, prosecutor and marshals — are of the same race. A fair and just legal system demands that people who enter a courtroom believe that the judgments rendered are not the product of a single segment of American society.
That was one of many lessons learned from the multicultural, multi-denominational, multi-ethnic March on Washington. And it is a lesson that should not be lost as we continue our work to fulfill Dr. King’s dream of “one nation.”
Wendy Shiba is president of the National Asian Pacific American Bar Association.
