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Improving diversity on the bench requires critical assessment of how judges are elected and selected; citizen oversight and participation is necessary. We believe the associate judge process this year is a reminder toward vigilance in improving representation on the bench, but we do not believe it is reason to disavow the associate judge selection process. This year’s group of associate judges of 17 is comprised of 35% people of color, with nearly 30% of those appointed having been found well-qualified by the Chicago Council of Lawyers. By expanding the diversity of the bench across under-represented communities, the associate judge process has continued its trend toward creating a more diverse, higher quality bench.

However, there is not optimal diversity in this year’s class, with only one African-American selected. Diversity within the diverse crop of associate judges is the goal. Fostering that requires intervention at every stage, from law school admissions to the judicial selection and judicial election process.

Associate judges are not elected in the general election. Instead, they apply to the Circuit Court and the sitting judges vote to appoint them pursuant to Supreme Court Rule 39. Candidates for associate judge vacancies submit a standard application. In Cook County, the Chief Judge and 2-10 sitting Circuit Court judges act as a nominating committee and select finalists. Each Circuit Judge in the county submits a ballot, and candidates receiving the most votes are appointed to the bench. In the event that a tie prevents appointment to an associate judge vacancy, a run-off ballot is circulated. Associate judges comprise roughly 30% of the total judges sitting in Cook County. They serve a four-year term, compared to the six-year term of elected judges and may hear any case assigned them, except for felony criminal cases. An associate judge may hear felonies if specifically authorized to do so by the state Supreme Court.

Beginning in 2001, Cook County’s associate judge process incorporated bar association evaluations of the applicants in the process. The Chicago Bar Association and the Alliance of Bar Associations for Juridical Screenings conduct background investigations of the associate judge candidates which the Nominating Committee reviews prior to selecting its ballot of candidates. The Alliance of Bar Associations is comprised of the Asian American Bar Association of the Greater Chicago Area; Black Women Lawyers’ Association of Greater Chicago; Chicago Council of Lawyers; Cook County Bar Association; Decalogue Society of Lawyers; Hellenic Bar Association of Illinois; Hispanic Lawyers Association of Illinois; Illinois State Bar Association; Lesbian and Gay Bar Association of Chicago; Puerto Rican Bar Association of Illinois and Women’s Bar Association of Illinois.

With regard to the associate judge selection process, 75% of African-American associate judges in Cook County took the bench after 2000; 80% of LGBTQ associate judges in Cook County took the bench after 2001; and 83.8% of Asian-American associate judges in Cook County took the bench after 2001.

Diversity data related to the 397 Cook County Circuit sitting judges analyzed in 2013 by a research fellow at Chicago Appleseed showed that the Associate judge process was leading, overall, to a higher quality, more diverse judiciary than elected Circuit judges. The last decade has produced a substantially more diverse and a higher quality body of sitting judges in Cook County than in the prior five decades. Increased diversity is most profound in the body of associate judges.

Representation matters. Confidence in public institutions rises when the make-up of the institutions reflects the demographics of the communities they serve. This applies to the courts where faith in judicial decision-making increases when judges look like the people they are judging. Judges bring their life experiences with them to the bench and they share those experiences with one another, resulting in a more sensitive and knowledgeable bench. Finally, a diversity of viewpoints based on diverse backgrounds contributes to the development and maturation of the law.

Chicago Appleseed and Chicago Council of Lawyers hope to see the racial and ethnic diversity of the Cook County judiciary reach a point where it mirrors or even exceeds the diversity of our county population. We believe the associate judge application process can and should play a large role in achieving that important goal. We recommend three actions to promote diversity in the associate judge applicant pool, as well as among the judges ultimately selected.

First, we recommend increased transparency in the process. In 2001, but in no year before or since, there was a substantial amount of information released about the associate judge applicants by the Cook County Circuit Court. In that year, the court released not only the number of applicants released, but also a demographic breakdown of the entire applicant pool. Of 214 applicants in 2001, women accounted for 32.7% or 70 of the total number of applicants while men accounted for 67.3% or 144 of the total number of applicants. 183 of the applicants in 2001—over 85%—were white/Caucasian and merely 31 total applicants—less than 15%—were racial or ethnic minorities.

Regaining and continuing this kind of transparency will help ensure the Circuit Court remains accountable to the goal of diversity. Data transparency promotes accountability and allows voters, judicial applicants and watchdog groups to identify and pursue issues as they occur.

Second, the court should provide a clear directive for diversity in the nomination process and work to increase the diversity of the applicant pool. The private sector has shown that significant progress in recruiting and retaining women and people from racial and ethnics minorities follows designating an individual responsible for monitoring diversity levels and creating strategies to increase diversity. Creating internal accountability helps organizations achieve target levels of diversity and quality.

The Cook County Circuit Court could appoint a diversity ombudsman among the Circuit Court judges who comprise the nominating committee, or an independent person to play this monitoring and problem-solving role. This person could be in charge of outreach efforts to ensure that lawyers from a variety of backgrounds and communities are aware of the associate judge openings and the application process.

Finally, the court must continue to maintain diversity in the selection committee because a diverse committee is more likely to lead to a more diverse finalist list. Whether it acts as a signal to potential applicants that their applications are truly welcome, or simply heightens consciousness about diversity and counteracts implicit bias, a diverse group of peers is no doubt desirable for women and people of color.

Chicago Appleseed and Chicago Council of Lawyers hope the associate judge process continues to diversify the bench, while attracting a better prepared, higher caliber of applicants. The process has shown the potential to fulfill both goals and it’s clear that the public is watching.