E. Key Concepts

•   Equitable practice is the consistent and just treatment of all people, including individuals who belong to underserved and marginalized communities.[303]

•   Explicit biases include overt acts of discrimination, racism, and prejudice. Explicit bias is easier to identify. People are typically aware of the explicit biases they may possess because it is a conscious bias. Implicit biases can be more difficult to assess because they include unconscious attitudes and beliefs.[304]

Research shows that individuals naturally develop unconscious attitudes and stereotypes as a routine process of sorting and categorizing the vast amounts of sensory information they encounter on an ongoing basis. These unconscious associations can influence judgment. For example, one study showed that 80 percent of white judges more strongly associated Black faces with negative words, and white faces with positive words.[305] Relying on data by counting outcomes, using tools to engage deliberate thinking, training, and judicial leadership can all counterbalance the bias which is frequently inherent in our intuition.

1. Reflections to Protect Against Implicit Bias

Ask yourself, as a judge:

•   What assumptions have I made about people based on their race, ethnicity, culture, sexual orientation, gender, profession, or background?

•   How might my assumptions influence my decision-making?

•   How have I challenged any assumptions I might have made based on race, ethnicity, culture, sexual orientation, gender, profession, or background?

•   Have my assumptions created inequitable outcomes in my Court?

•   Have I maintained accountability for myself and my courtroom practices in checking and removing bias?

2. What are the Differences Between Equality, Equity, and Justice?

Seeking to provide families before the court with the best opportunity to achieve permanency requires a review of court practices to ensure each family receives the support and services based on their individual needs and resources. This graphic demonstrates how courts can examine system practices with a goal towards equity and justice.

Graphic recreated by the Busara Center from Tony Ruth's depiction of Shel Silverstein's The Giving Tree.