Court Consolidation: An Opportunity To Increase Judicial Diversity

There has been much discussion of Chief Judge Janet DiFiore’s proposal to consolidate New York’s inordinately complex court system, particularly how that proposal, if enacted, would affect judicial diversity. Dan M. Clark, NY Lawmakers Eye DiFiore’s Court Reform Plan for Impact on Judicial Diversity, NYLJ, Nov. 13, 2019, at 1. In my view, we should embrace the consolidation proposal on its merits, because it is an inherently valuable plan to simplify what is one of the most rigid, non-responsive, and Byzantine court systems in the United States. Yet some have opposed or questioned this plan indirectly, by raising another important value—judicial diversity—that they believe would not be well served under the current proposal.

I write to address this concern by highlighting the value of judicial diversity, noting the advancements we have made thus far, explaining how the current proposal has the potential to positively impact diversity, and urging those who question its impact to accept the Chief Judge’s invitation to make specific proposals that would further increase judicial diversity while streamlining our antiquated, labyrinthian court structure. We cannot allow the perfect to be the enemy of the good; even if the merger proposal would have a neutral impact on diversity, it is worthy of our support. Accordingly, those who think the proposal does not adequately address diversity should offer amendments, rather than reject the proposal outright, so that we may continue on the road toward a more easily navigable and truly representative judicial system.

Why We Need a Diverse Judiciary