Candidate Interview by Santa Barbara Women Lawyers

By Jean M. Dandona

(Jean M. Dandona answers questions for the Santa Barbara Women Lawyers Newsletter)

The most important issues women lawyers face in the profession today are the same issues working women face in society as a whole: achieving gender equality, equal opportunity and pay equity in the workplace, and coping with the glass ceiling. For many women lawyers, the most important issue is the same one Sandra Day O'Connor faced decades ago # how to integrate professional responsibilities with raising children.

2. The MCLE requirement for one unit of Elimination of Bias credit has been controversial amongst bar members. The majority of lawyers believe that the requirement is not needed or helpful in the elimination of bias and that the courses are not useful. What do you think? What is your view?

Studies have confirmed that bias exists. My personal experience tells me that the classes help # I never fail to learn something. One tape I listened to earlier this year in my car (this is not burdensome, folks) made me more sensitive to bias on the basis of sexual orientation. None of us will take the classes unless they are mandated. Keep them. One further point. Lawyers who take these courses become judges. I'd rather have a judge who's had a decade or two of courses on the subject than one who hasn't been forced to think about the issue.

3. Do you think there is bias within the courts? Please explain.

Bias has been documented at various levels throughout society, more commonly based on race, gender, and age, but also based on socioeconomic status, sexual orientation, religion, national origin, and disability. Everyone has biases, and everyone has experienced bias at some point in their lives. Thus, it should come as no surprise that there is bias within the courts. The biases, conscious or unconscious, can be expressed in disparate treatment, decisions, remarks, jokes, or a number of other ways. The good news is that the State Bar, the California Commission on Judicial Performance, the Center for Judicial Education, the trial courts, and just about everyone else involved is aware of the issue and working to sensitize and educate. (See response to #2.) In fact, California Code of Judicial Ethics Canon 3(B)(5) mandates that a judge shall perform judicial duties without bias or prejudice. Thus, judges can receive discipline, including removal from office and public censure, for biased behavior.

4. Can you provide an example(s) of bias within the profession you have witnessed or heard about?

I'd prefer not to give examples. Everyone knows bias exists and can give examples. It serves no useful purpose to engage in an exercise that may appear to be male (or other) bashing. Let's continue to become more educated and sensitive and work to eliminate bias within the profession.

5. Do you think diversity within the profession reflects the diversity of American society? Please explain.

I am aware of no reliable statistics on the percentage of minorities in the attorney population. However, I suspect that the diversity within the profession continues to approach an accurate reflection of the diversity of American society. There is clearly a statistical disparity between the users of the courts and the judges. In our own county, approximately 16% of those who judge are women (3 of 19). Statewide, approximately three-quarters of those who judge are white male. Unfortunately, this gives the appearance of a lack of fairness in the legal system.

6. What do you think should be done to increase the number of women judges?

I don't think that this is a desirable goal in and of itself. Promoting a particular gender, ethnicity or other group is somewhat offensive to me. All judges should be held to the same high standard, and we should select as judges those lawyers who will best uphold the principles of judicial independence, integrity, and impartiality, those who are hard-working, intelligent, objective, courteous, patient, and fair, and those who have the courage and character to make the hard calls. I would ask the question a different way: How can we ensure that the bench is accessible to qualified women, in order to increase diversity? The answer is twofold. First, more qualified women should find the courage to step up to the plate. Second, when there is an exceptionally qualified candidate, support her.

7. SBWL did a survey of salaries in 1997, the results showed a large gap between the salaries of men and women. Why do you think there is a salary gap? Do you believe the men/women salary gap has changed since then and how? Why do you think there are comparatively few women partners in larger firms?

There is a salary gap for attorneys for the same reasons there is in the population as a whole: some inherent gender bias and the fact that women still tend to bear the primary responsibility for giving birth and caring for children. I suspect that the salary gap has probably narrowed slightly, and I expect it to continue to narrow since the most critical family need period is only temporary in a lengthy career. I think there are comparatively few women partners in larger firms for the same reasons, some inherent gender bias, and for some women, family responsibilities. I believe there is a trend for women to strike out on their own or join smaller firms in order to achieve the flexibility they desire in raising their children. If I am correct, I would not expect to see an increase in the relative number of women partners in larger firms.

8. As a judge, if you witnessed or observed biased behavior how would you deal with the situation? Please give an example for (1) colleague, (2) attorney, and (3) court employee.

I need more details, as biased behavior can range from inadvertent minor incidents to criminal behavior. The issue is addressed in Canon 3 of the California Code of Judicial Ethics. As for a colleague, 3(B)(5) requires a judge to perform judicial duties without bias or prejudice, and 3(D)(1) requires a judge to "take or initiate appropriate corrective action" when the judge has reliable information that another judge has violated a provision of the Code. "Appropriate" corrective action could range from direct communication with the judge to a report to the presiding judge or the Commission on Judicial Performance. The level of "appropriate" action depends upon the seriousness of the offense and whether the conduct is an isolated incident or part of a pattern of inappropriate behavior. An offensive joke would be dealt with directly with the judge, or perhaps a report to the presiding judge. An incident of sexual harassment would be reported to the presiding judge and probably human resources. 3(B)(6) mandates that a judge require attorneys in proceedings before the judge to refrain from manifesting, by words or conduct, bias or prejudice based on race, sex, religion, national origin, disability, age, sexual orientation or socioeconomic status against parties, witnesses, counsel, or others. 3(C)(2) mandates the same for court employees under the judge's direction and control. I would thus reproach the attorney according to the severity of the observed biased behavior. I would speak directly with the court employee under my direction, and depending on the severity, issue an apology and contact human resources. If the employee were not under my direction, I would report the incident to the supervisor.

9. What do you think are the greatest challenges for women, children, and disabled litigants within the courts?

The greatest challenges for women within the courts are, in general, access, gender biased decisions and disparity in available services, such as facilities and health care in jail. The greatest challenge for children is access, or someone to advocate on their behalf. The greatest challenge for disabled litigants is probably overcoming bias. Access may still be a challenge, despite the adoption of CRC 989.3.

10. Please provide a short paragraph describing why you should be elected as a Judge as well as something people do not know about you.

I am exceptionally well qualified by education, legal and life experience, and temperament to be an excellent judge. I am extremely hard working and have a strong legal mind. Treating people with dignity, grace, and compassion comes naturally to me. I have the courage to make unpopular decisions if they are right, and I believe I am able to do so without bias. I am independent and not beholding to anyone. I am old enough to have acquired significant experience and wisdom, yet young enough to have the energy to look forward to decades of public service. I would bring to the bench strong complex legal research and analysis skills and the ability to prepare concise and reasoned decisions. From nearly twenty years as a civil litigator, I have gained trial experience and expertise in most major areas of civil law. From nearly three years as court research attorney, I have gained additional expertise in various trial issues, all areas of civil law and motion, and areas in which I did not practice, such as employment law, CEQA, and some areas of criminal law. Most important, I am deeply committed to the principles of judicial independence, impartiality, and integrity.