The Delaware Judiciary releases an update report to its 2022 Strategic Plan to improve diversity in the Delaware bench and bar.
Nearly two-thirds of the 50 recommendations in the plan have been implemented or will be in the coming months.
Diversity, Equity and Inclusion Officer for the Delaware court system Kaelae Shaner says the biggest strides made are in engagement with college and pre-college students, including re-imagining and re-energizing the Delaware Law-Related Education Center.
Shaner emphasizes removing barriers to the bar exam are also significant.
“Like trimming the testing subjects and essays that are part of the bar examination," Shaner says. "And a huge, huge barrier was the administration of the bar exam being only once per year, now offered twice a year. Also changed some of the fees associated with the bar examination.”
Shaner notes the bar is not just an exam, but an extensive process that also evaluates candidates' moral and ethical character. She says they are taking a closer look at the way "fitness" to practice law is standardized.
Shaner says for current judges and court staff, they have started providing enhanced training to reduce implicit bias in the court environment.
Overall Shaner says the courts are understaffed but doesn’t think there is a shortage of qualified candidates. She says the courts are also working to unify job descriptions so applicants are more aware of the type of work they’ll be doing.
“Which will hopefully increase our reach and increase interest in qualified candidates for these positions," Shaner says. "Because it’s great work, it’s rewarding work, and we have a workforce here in Delaware. I don’t think it is a shortage of qualified candidates so much as just increasing our awareness.”
Initiatives still left on the to-do list include some more long-term goals – such as alternate pathways to licensure like formalized mentorships as opposed to the bar exam.
“The biggest issue with bar exams across the country, the conversation is like, does this rote memorization really help with on the job performance?” Shaner says.
Shaner notes other states like Connecticut and Oregon have successfully implemented a pathway through formalized mentorships.
The report also highlights the recent formation of the Delaware Leadership Council on Legal Diversity by representatives from several large Delaware firms. They are working on recruitment and retention initiatives – and reconvening the Delaware Judiciary’s Access to Justice Commission.
