In search of justice

A Delaware judge recently displayed such bias toward
a client’s family members who were wearing BLM shirts
that said “Free” and the client’s name, says Moreno.
“When the judge walked into the courtroom he launched
into them about how there would be none of this in
his courtroom, there would be no wearing shirts, there
would be no protest. He wasn’t having any of it and
[said] how it didn’t help, and he went on and on. Very
interesting that is the first thing the judge gravitated
toward. These folks were doing nothing but sitting there
listening. They were sitting in the back respectfully
showing their support for the client.”
Moreno says bias also affects the level of representation.
“We sometimes deal with lawyers who are representing
our clients at trial level who use phrases like
‘these people,’ ‘those people,’ really differentiating themselves
[and] not making any attempt to connect.”
Moreno maintains the resistance to BLM within the
law is real. “The defense and capital defense communities
have been raising issues of jury discrimination and
discrimination in charging decisions for years but courts
don’t like to hear this stuff. It challenges the status quo.
No one wants to think of themselves as being involved in
a system that’s biased and we are.”
Articles about bias and racial sensitivity trainings are
“becoming more mainstream in the law community and
can really help a lot,” says Moreno. At his own office,
where “Everyone here is anti-death penalty, pretty damn
liberal, a number of us tested out as racists,” he laughs.
“It was stunning, really very interesting.”
Ultimately, Moreno is hopeful but acknowledges the
difficulty. “I like the BLM movement. It’s bringing awareness
in a real way by people who are truly affected by
the criminal justice system. I’m hoping that it has an
impact on the judicial system, but it’s really hard to make
that kind of impact. It takes time to get judges that are
receptive to the notion that race really does play a role.
Everyone wants to believe they’re colorblind in matters
of justice but bottom line is we’re not. ... No one wants to
confront their own prejudices if they don’t have to.”
Former deputy defender general and longtime VLS
Professor Anna Saxman JD’85 echoes Moreno’s assertion
that judges and the system can be biased. Saxman
has worked in Vermont’s public defender system for 26
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