Contra Costa Lawyer - March 2018 - Women and the Law

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Make Your Voice Heard Continued from page 9

Women account for roughly 40% of the people in supervisor positions. Additionally, women equally serve on the more gritty units, such as the teams prosecuting gang-related crimes and complex homicides. Things look similar in the Contra Costa County District Attorney’s Office where almost half of the attorneys are women. Female supervisors currently only make up a small percentage of the total supervisors; however, DA Becton is working to change that. She has a female top assistant joining the office in early February and Phyllis Redmond was just announced as Chief of Staff. This represents the first time in the history of the county that women hold the top two jobs at the District Attorney’s Office. As Deputy District Attorney Busby points out, Ruth Bader Ginsberg once said, “There will be enough women on the Supreme Court when there are nine;” however, she does not think that is the goal for the District Attorney’s Office. Equality and diversity are extremely important traits for prosecutors. Busby emphasized that prosecutors serve victims of crime and their office should be demographically representative of the community it serves; diverse perspectives and experiences lead to better service to the community. Deputy district attorneys tend to change positions every three to four years, with newer attorneys switching more often. This creates opportunity for fluid and diverse teams. With all this progress, there are still some setbacks and opportunities to improve. Busby shared her experience that many times, in trial, a jury will 10

MARCH 2018

report they found her older, male opposing counsel more credible than her, even when she objectively outperformed him in the courtroom. This is a sentiment often heard from young, female litigators. It is staggering how many women share the experiences of gender bias in the courtroom and in chambers, from facing the assumption that she is the court reporter, to being called “honey” or “sweetheart” by opposing counsel. These external biases still exist, but are being slowly eroded by the policies and practices being implemented internally in many offices, the District Attorney’s offices included. O’Malley’s examples of leadership suggest men can better support women to achieve equality by not letting their male peers get away with sexist, biased, and inappropriate comments or actions. It is not easy to call a peer out on bad behavior, but taking the uncomfortable step of doing so effects change. Writing off bad behavior as “locker room talk” or ignoring it allows a status quo to continue where women are not at the table but on the menu. We as lawyers must stand together against this status quo and report bad behavior to supervisors. Equality is a team effort. When men advocate for equality and accept nothing less from their peers, women are empowered to show up and have their voices and ideas heard. There’s room at the table for everyone, and a good meal is best when enjoyed with friends. Ariel Brownell Lee owns a boutique family law firm in Walnut Creek. She currently serves as the Section Leader for CCCBA’s Women’s Section and as an Affiliate Governor for California Women Lawyers.

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