Sunday, April 11, 2021
April 11, 2021

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Jayne: Call out bias in judicial system

By , Columbian Opinion Editor
Published:

The pertinent questions, it seems, are these: If you are Black and you have a case in front of Judge Darvin Zimmerman, do you have faith in the system? Do you believe you will get a fair shake? Do you think that all citizens are equal in the eyes of the law?

With Clark County being predominantly white, the odds are that you have never had to ponder those questions. Or you have fooled yourself into answering “yes.” Or you have dismissed them because, in your world, “systemic racism” is simply the latest issue de jour for progressives and eventually will give way to other concerns.

Privilege, you see, is comforting and reassuring. It offers the ability to not worry about what goes on behind the scenes and which institutions are stacked against you. For me, it means not having to worry much if my 17-year-old son gets pulled over while driving; many other people don’t have that luxury.

Now, as our community assesses recent comments from Zimmerman, a Clark County District Court judge, it is important to step outside that comfort zone. It is important — even necessary — to stand in the shoes of others.

You probably know the story by now. Zimmerman was seen on a YouTube livestream — unaware it was being broadcast — making comments about Kevin Peterson Jr., a Black man who was shot and killed by Clark County sheriff’s deputies in October.

“The Black guy they were trying to make an angel out of,” Zimmerman said dismissively of Peterson. “The next day, he wakes up with dollar signs in his eyes and George Floyd’s attorneys had already contacted him,” he said callously of Peterson’s father. And along the way there was a meandering discussion about the case and various other matters with a mostly uninterested court commissioner.

Peterson was not an angel. He reportedly was trying to sell 50 Xanax tablets and reportedly had a gun. An investigation is in the process of deciding whether that warranted deputies firing 34 shots and whether a life is the appropriate cost for such a wager. Those are important questions that touch upon policing policies and racial justice.

But in many ways, Zimmerman’s comments raise questions that are equally important. Like whether you trust the judicial system if you are Black or Hispanic or Asian or Native American. “We find ourselves wondering how we can instill confidence in our clients and ourselves that equitable access to justice is achievable in Clark County,” read a statement from the Clark County Volunteer Lawyers Program, which called for Zimmerman’s resignation.

And in many ways, Zimmerman’s comments are particularly revelatory. Because what happens in open court, when others are present and all statements are placed on the record, can mask prejudices that rest underneath. They can mask inherent biases that are just as damaging and insidious as blatant racism. Character, it is said, is what you do when nobody is watching. For most of us, the distinction is negligible; for a judge, who has the power to make life-altering decisions, it is impossible to ignore.

After The Columbian’s Editorial Board called for Zimmerman’s resignation, one reader emailed me: “What legal judgment or case law did he rule on? Was Zimmerman hearing a case involving Peterson? … Judges at all levels in our justice system make comments like this behind closed doors with courtroom employees and lawyers during a trial.”

Which in a backwards fashion proves the point. It is long past time that we stop excusing public entities or suggesting that incidents of bias are isolated and don’t influence other decisions. It is long past time for us to call out bigotry in our judicial and policing and banking and health care and education systems. These are not private businesses that can be ignored; they are public institutions that inherently reflect our values.

Getting to such a point can be difficult. But we can start by asking whether we would trust the system if we were Black. And then we can give an honest answer.

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