The institutional racism that Félix faced as the Register of Probate & Family Court in Suffolk County has been exposed. Thanks to your support, our campaign to uncover the truth about what really happened to Félix and the other people of color at the Brooke Courthouse has been a success.
Yesterday, the Lawyers' Committee for Civil Rights released a letter to the new Trial Court Administrator, Jon Williams, asking for an independent investigation into allegations of racism and a hostile work environment for people of color throughout the Trial Court. A report by the State House News Service is copied below.
In calling for an independent investigation, the Lawyers' Committee highlights "systemic problems" and states that there must be a remedy for the "racial implications of the Trial Court's culture, including the racial climate and hiring practices across all departments and offices."
We are hopeful that Félix will be returning soon to his duly-elected position as the Register of Probate & Family Court for Suffolk County. But no matter what, we will keep fighting to make sure that the institutional racism that he and so many others have had to deal with is eradicated.
INDEPENDENT INVESTIGATOR SOUGHT TO EXAMINE "RACIAL CLIMATE" IN TRIAL COURT
By Andy Metzger
STATE HOUSE NEWS SERVICE
STATE HOUSE, BOSTON, JUNE 22, 2017....Efforts to promote diversity are stymied within the Massachusetts Trial Court, according to minority court officers who claim the promotional exam is discriminatory and officials need to address the "racial climate" in the court system.
Oren Sellstrom, director of litigation for the Lawyers' Committee for Civil Rights and Economic Justice, wrote a letter Thursday to Trial Court Administrator Jonathan Williams, complaining about the paucity of women of color promoted to court officer management and urging court officials to request an independent investigation. Sellstrom also requested a meeting with Williams, encouraging him to tackle the issue at the outset of his tenure and saying a "business as usual approach will not solve these problems."
Trial Court officials said they are reviewing the letter and in a statement said the organization is "committed to continued improvement in strengthening equal opportunities throughout the court system.
"The Trial Court's efforts in this area are comprehensive and ongoing," the statement continued. "Efforts are underway to address race and diversity, including trainings for all judges on race and implicit bias, expanded recruitment efforts, and improved hiring and promotion practices."
In his
letter written on behalf of the Massachusetts Minority Court Officers Association, Sellstrom advised Williams, a former North Carolina court official hired earlier this year, to put demographic employment data on the court's website, strengthen the commitment to hire and promote people of color, and discontinue the written exam.
The Trial Court has been subjected to allegations of improper hiring and promotion before. In 2014, three former top probation department officials were convicted in federal court for running a sham hiring operation that disguised an underlying patronage system. A federal appeals court overturned the convictions in December, writing "not all unappealing conduct is criminal."
As part of the 2011 reforms to the court system's personnel management passed in the wake of the probation hiring scandal, lawmakers mandated that all court officers seeking promotion and those seeking initial appointment as a court officer must pass a written exam.
The court officer promotional exam conducted two years ago eliminated candidates of color from the promotional pipeline at a rate of 29 percent, according to Sellstrom's letter, which said non-minority candidates were eliminated at a rate of about 13 percent. Sellstrom said the association understands the Trial Court plans to use the same examination again this fall.
Sellstrom said written tests can be shown to be illegally discriminatory if they fail to measure actual skills needed, which can include interpersonal skills, oral communication, and ability to give constructive criticism.
The Judiciary could be back on lawmakers' agenda this session. Progressive lawmakers are pushing to pass legislation overhauling the criminal justice system, with an eye towards eliminating mandatory minimum sentences for drug offenses.
Court officers provide security in the courtroom, maintaining order and handling criminal defendants.
Describing the Trial Court as "resistant to attempts to diversify the workforce," Sellstrom said the n-word and other racial slurs have been used repeatedly at the Suffolk Registry of Probate. The Boston Globe previously reported on racial slurs allegedly used by workers at the court.
Felix Arroyo, a former Boston city councilor who was elected to lead the probate court and reportedly sought to diversify court personnel, was suspended in February for alleged mismanagement.
According to Sellstrom's letter, there are 1,000 court officer personnel, and 6.7 percent of them are women of color. Of the roughly 90 management positions in the Security Department, about 4 percent are women of color, according to Sellstrom, who called that a "shockingly low percentage."
Sellstrom said the lack of diversity among court officers "visibly undermines the principle of equal justice for all."
Sellstrom said the diversity challenges within the Trial Court extend beyond security personnel, and he said it would be important for an outside entity to "probe the racial implications of the Trial Court's culture, including the racial climate and hiring practices across all departments and offices, and implement needed reforms."
After the Boston Globe reported on patronage within the probation department, the Supreme Judicial Court appointed Paul Ware as an independent counsel to investigate the allegations.
"That's one way of doing it, but there could be others," Sellstrom told the News Service.
