Advocates say Allegations of anti-Latino bias in N.J. court were mishandled
Judge Jason Witcher, who first raised concerns about bias in Millville's court, retired from the bench earlier this month.
Latino and Black state legislators are expressing “profound disappointment” over the recent discrimination allegations levied against a South Jersey municipal court, while an advocacy group is calling for a probe into how state judiciary officials handled the matter. The state Attorney General’s Division on Civil Rights filed a complaint last week accusing Millville Municipal Court in Cumberland County of discriminating against Latino defendants by denying them the opportunity to appear virtually for their court hearings.
Millville court officials required litigants “who were or were perceived to be Spanish-speaking” to appear at in-person court hearings instead of being allowed to attend virtually like other defendants between June and December of last year, according to the complaint. The practice “denied those litigants equal access to virtual court proceedings,” and violated the New Jersey Law Against Discrimination, according to the suit. Under state law, interpreters are provided for all in-person and virtual court hearings.
The state Latino Action Network is calling for an independent review of the New Jersey Administrative Office of the Courts’ handling of the allegations of Latino bias in Millville, saying public faith in the state’s judicial system is at stake. The Administrative Office of the Courts, which oversees courts around the state, said in February that its investigation found no evidence of discrimination in the scheduling of cases. But, its report said there was a slightly higher percentage of Millville cases involving Latino defendants that were scheduled for in-person sessions when an interpreter was available.
LAN has asked state Supreme Court Chief Justice Stuart Rabner to appoint an outside counsel to investigate “the actions and statements of AOC personnel relevant to the Millville situation and report its findings to the public.” The Administrative Office of the Courts stands by the findings of the report it issued in February, judiciary spokesman Peter McAleer said in a statement issued Wednesday. “The report, which included an extensive review of court files and recordings for more than 2,500 defendants, found that Hispanic/Latino court users were more likely to be scheduled to appear virtually than in person,” McAleer said. “It also detailed a series of reforms to improve the availability of interpreting services.
The report did not find direct evidence of intentional discrimination,” he added. In a statement issued last week, Millville’s city solicitor said responsibility for how the court is run rests with the state judiciary and that the city is responsible primarily for hiring court staff.
New Jersey Legislative Latino and Black caucuses issued a statement Wednesday saying the allegations of bias in Millville undermine the trust residents place in public institutions. “Our state’s laws are clear and unequivocally prohibit discrimination on the basis of national origin, and it is disheartening to learn that individuals within the City of Millville had to face such discrimination from a public entity,” the statement said. “We will continue to work tirelessly to ensure that incidents of discrimination are addressed and rectified so that our state remains a beacon of inclusivity and fairness.”
The allegations of Latino discrimination was first raised by then-Millville Municipal Court Judge Jason Witcher, who said last December that he tried without success to rectify the bias he said he observed in how Latino defendants were scheduled. He also accused his supervisors of retaliating against him for raising the issue. Witcher has filed a lawsuit over the matter and recently retired from the bench. The statement from the Latino and Black legislative caucuses also criticized the earlier investigation by the state judiciary that found no intentional bias in the scheduling of Latino defendants in Millville.
“We are disappointed in the initial perfunctory attempt to investigate the discrimination allegations brought forth by Judge Jason Witcher,” the groups stated. “It is crucial that such serious allegations are thoroughly investigated to maintain public confidence in our judicial system.” - Matt Gray. NJ.COM