The 9th Congressional District may be one of ten Congressional Districts in a pilot program to examine racial and ethnic disparities in the criminal justice system, if recently introduced legislation becomes law and U.S. Rep. Steve Cohen has his way.    

According to the bi-partisan sponsors, the Justice Integrity Act of 2008 is designed to increase public confidence in the judicial system and identify racial and ethnic disparities in the criminal process. It would:

Establish advisory groups in ten federal districts, under the supervision of the United States Attorney General, to study and determine the extent to which racial and ethnic disparities are found in  various stages of the criminal justice system;

Require public reports and disclosure of the findings;

Seek specific recommendations to help to eliminate racial and ethnic discrimination and unjustified racial and ethnic disparities.

The legislation was introduced July 10 by U.S. Senator Joseph R. Biden Jr. (D-DE), Chairman of the Senate Judiciary Subcommittee on Crime and Drugs, along with Senators Arlen Specter (R-Pa.), Benjamin L. Cardin (D-Md.) and John F. Kerry (D-Mass.).

Cohen introduced the bill in the House on Wednesday and a staff member later told the Tri-State Defender, “We will obviously push to have the 9th included (as one of the 10 Congressional districts.)”

The proposed legislation in part grew out of a 2007 study titled “Prosecutorial Decision-Making and Racial/Ethnic Disparities in the Federal Criminal Justice System.” The Brennan Center for Justice at NYU School of Law and the National Institute for Law and Equity guided that project, which included the work of 13 former U.S. Attorneys.

“It was our intent to conduct an education/information campaign. This, of course, requires considerable resources,” said Veronica Coleman-Davis, founder of NILE and former U.S. Attorney for the Western District of Tennessee.

“Our work was picked up by Sen. Biden’s office and we learned that a proposed bill called the “Justice Integrity Act of 2008” will effectuate the principles and guidelines in the form of a pilot program in 10 districts.” 

Last week, when announcing the Senate version of the legislation, Biden said, “Nowhere is the guarantee of equal protection more important than in our criminal justice system. The reality is that despite the best efforts and intentions of policymakers, racial and ethnic disparities continue to plague our justice system. We need to step up our efforts in order to root these disparities out.”

In Memphis, the issue of racial bias has been raised recently by a host of political and elected officials including Mayor Willie W. Herenton, and Joseph Lee, former chief of the Memphis Light, Gas and Water Division. The latter two have been among the most vocal critics of the operation of the Justice Department here in the Western District of Tennessee. Lee, who contends he was a political target, has said he is “weighing his options” after the Western District U.S. Attorney’s office abruptly dismissed federal charges against him on June 24.

A spokesperson for that office has declined to discuss the matter, other than to say “the government has re-evaluated the case and stated to the court that a dismissal is warranted in the interest of justice.” Lee had been indicted along with then-City Councilman Edmund Ford.

The local office Wednesday was asked about the pending legislation and a spokesman said the request was being considered.

Numerous law enforcement and civil rights organizations have expressed support for the Justice Integrity Act, including the American Bar Association, the National Criminal Justice Association, and The Sentencing Project.

 “Growing racial disparities work to erode confidence among minorities in the fairness of the criminal justice system,” said Thomas M. Susman, director of the American Bar Association. “All of us have a stake in the rule of law in our justice system, and we must continually aspire to achieve both the perception and reality that our criminal justice system is fair, unbiased and just. The ABA stands ready to work with you toward timely enactment of the Justice Integrity Act.”

Cabell C. Cropper, Executive Director of the National Criminal Justice Association, said, “The Justice Integrity Act will provide tools for gathering and analyzing data and exploring the root causes of inequity. Only by learning what triggers and enables the disparity can we, as a society, work to reverse it.”

 Last week, the Tri-State Defender filed a Freedom of Information Act (FOIA) request in an effort to acquire data and reports that could provide insights into the Western District office’s workplace culture, hiring policies, decision-making procedures, and minority employee protections and safeguards.