NAWJ Monthly Update March 2017
Written by National Association of Women Judges|March 16, 2017|Monthly Update Archive
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A 1987 presidential proclamation designated March as Women's History Month, to honor the struggles and
achievements of women in American history. This month, on International Women's Day, a bronze statute,
"Fearless Girl," fists on her hips, was installed on Wall Street, before a plaque, which reads, "Know the
Power of Women in Leadership." President Jimmy Carter stated, "From the first settlers who came to our
shores, from the first American Indian families who befriended them, men and women have worked together
to build this nation. Too often the women were unsung and sometimes their contributions went unnoticed.
But the achievements, leadership, courage, strength and love of the women who built America were as
vital as that of the men whose names we know so well." As Dr. Gerda Lerner noted, "Women's History
is Women's Right - an essential, indispensable heritage from which we can draw pride, comfort, courage,
and long range vision."
Throughout history, women in the judiciary have increased, despite discrimination and undue hardship
that attempted to block our progress. When the Nineteenth Amendment ratified the women's vote, it ushered
in a new era of women's rights, and during this time women started to become judges. This included
Florence Allen, the first women to be elected to a position of general jurisdiction. Judge Allen
eventually became the first female state appellate judge, through her election to the Ohio Supreme
Court in 1922.
It took another twenty plus years before the first female judge was appointed to serve on a federal
district court, when Judge Burnita Shelton Matthews, was appointed in 1949, to the United States
District Court for the District of Columbia. Judge Shelton lived to the age of 93, and her life
story remains an inspiration to us all. Her obituary, published in the New York Times informs that
after graduation from law school, she applied for a job with the Veterans Administration, but was told
that it would never hire a woman in the legal department, so she opened her own law practice.
There were other stumbling blocks, in that the local bar association refused to accept her application
for membership. Prior to her appointment, Judge Matthews served as a lawyer for the National Women's
Party and was an active participant in the suffrage movement, as well as a supporter of the Equal Rights
Amendment. She was also active in drafting legislation to secure rights for women, including a law
allowing women to serve on juries, laws eliminating preferences for male in inheritance, and laws for
equal pay for teachers regardless of sex.
Despite her qualifications, she recalled in an interview that when her nomination was being considered,
one of the male judges said publicly that while "Mrs. Matthews would be a good judge," "there was just
one thing wrong: she's a woman." Judge Matthews retained a strong sense of her role as a pioneer, and
never wavered in her commitment to expanding opportunities for women. She always chose women law clerks
in order to show her "confidence in women."
The Supreme Court of the United States of America first met in 1790, however, it took nearly two
centuries - 189 years later before a woman, Justice Sandra Day O'Connor was appointed in 1981. In its
220 year history only four women justices have served on the Supreme Court: Sandra Day O'Connor; Ruth
Bader Ginsburg (1993), Sonia Sotomayor (2009), and Elena Kagan (2010). President Barack Obama nominated
the most recent two justices. Today we can celebrate that as of 2010, the Supreme Court became one-third
female for the first time in its history!
For the past ten years, the National Center for State Courts has tracked the number of female justices
serving in the state courts of last resort. The data shows that female-majority benches are a relatively
recent trend. In 2007 there were only 4 states with majority-female benches: D.C., New York, Tennessee, and
Wisconsin. However by 2012 nine states had female majority benches, and double digits finally appeared in
2016. At the start of 2017, there are 11 female-majority benches in Arkansas, California, Maryland,
Massachusetts, Minnesota, New Mexico, New York, Tennessee, Washington, Wisconsin, and West Virginia.
Though we have made great progress toward achieving gender equality in the judiciary, work remains to be done,
which is why NAWJ programs that encourage and engage young women in preparatory programs continue to be
relevant. NAWJ's signature program, the Color of Justice, exposes middle and high school girls to the
possibility of a legal career through presentations and interaction with attorneys and judges. Events
at law schools, such as Mentor Jet give law students and lawyers an opportunity to speak with judges and
obtain advice about legal careers.
The Informed Voters-Fair Judges Project continues to do an excellent job of educating voters about the
qualifications critical to elect those who will administer the rule of law fairly and impartially. Also,
the Human Trafficking Committee has been on the forefront of issues affecting a vulnerable population,
those subjected to human trafficking, which is often referred to as a modern day form of slavery. The
NAWJ Human Trafficking Committee continues its tireless affords on several fronts including developing
a Best Practice Guide for distribution, and on March 30-31st a conference will take place in Houston,
Texas that will include a session on alternatives to criminalization for minor victims of sex trafficking.
The Women in Prison committee continues to have a significant impact by shedding light on the plight of
incarcerated women. Under the watchful eye of this committee federal officials have confirmed that the
last female prisoners, temporarily housed at the Metropolitan Detention Center in Brooklyn, New York,
under deplorable conditions, have been transferred back to the newly re-opened Danbury facility. NAWJ
will visit the new facility in April 2017.
I am reminded every day of the privilege bestowed upon us in our judicial capacities. Along with this
privilege comes the great responsibility to build a future that we want our children to inherit. As we
take pride in the progress to date, let us keep fighting to fulfill and protect the promise of equality
for all in our society. I am proud to identify with NAWJ, the nation's leading voice for women in the
judiciary, an organization of women leaders at the forefront of the fight for the "Power of Women in
Leadership."
I close with a quote from President Barack Obama, "We must strive to build the future we want our
children to inherit - one in which their dreams are not deferred or denied, but where they are uplifted
and praised. This month, as we reflect on the marks made by women throughout history, let us uphold
the responsibility that falls on all of us -regardless of gender -and fight for equal opportunity for
our daughters as well as our sons."
Sincerely yours,
Honorable Diana Becton
Documentary film-maker Liz Canner will share her story requesting public
documents about an acquitted rape defendant which led to the landmark 1st Amendment decision by
the New Hampshire Supreme Court August, 2016. Attorney Robert Bertsche, who represented Ms. Canner,
will describe the issues surrounding the case and the argument strategy. Ms. Canner's request under
the New Hampshire Right to Know Law was in connection with her research for her documentary film
about campus assaults.
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