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Bakersfield
Volume 47 Number 2
Serving Kern County for Over 47 Years
Observer Group Newspapers of Southern California
California State Bar Shaken by Personnel Issues Involving Two Black Women Antonio Ray Harvey California Black Media In less than one month, the State Bar of California has been roiled in high-level personnel snafus involving two prominent Black California women. In July, the California State Bar offered Fredericka McGee, a respected California legislative attorney, the position of executive director. Then, in August, the organization which serves as an administrative arm of the State Supreme Court and is charged with protecting the public interest, reportedly rescinded that offer without an explanation. McGee has been a licensed attorney with the Bar for almost 30 years. Then, last week, Debbie Manning, a member of State Bar’s 13-member board -- the only African American serving on the governing body -- abruptly resigned midway through her term. Manning was appointed to a four-year term by the state Senate in 2018. Manning, a “non-attorney” member, was appointed to a four-year term by the State Senate in 2018. Previously, Manning was not only the first Black woman to join the Legislature’s Office of the Senate Sergeant-at-Arms in 1977, she was also the first woman to serve as Senate Chief Sergeant-at-Arms. She held that position from 2014 until 2017. Manning’s resignation came just one week after the Bar met to discuss the hiring of the next executive director with extended public comment in support of McGee after which the board went into closed session but did not report any decision or action. Manning did not give a reason for leaving. Powerful Support: State Leaders Defend McGee at Board Meeting At the Friday, Sept. 4 State Bar public board meeting, supporters urged the body to reconsider its decision and renegotiate with McGee for the executive director position. That meeting was delayed when an individual wrote the “n” word several times and other profanity directed toward Black people in the Zoom meeting chat box, which caused the meeting to be delayed for almost an hour. Despite the delay, a diverse group of people spoke at the meeting in support McGee -- supporters say a testament to her rapport with lawmakers; attorneys of all colors and backgrounds; business leaders; members of the African American community; leaders in major service organizations, and more. Among them were representatives of the California Association of Black Lawyers, SEIU, Planned Parenthood and the ACLU. Assemblymember Shirley Weber (D-San Diego), speaking on behalf of the California Legislative Black Caucus (CLBC), was the first speaker to address the board of trustees. Weber said, speaking on accounts of published reports, that McGee’s situation is one of the reasons the CLBC talks about the “increase of representation of people of color, particularly African Americans in all aspects.” Weber said the Bar’s alleged withdrawal “brought tremendous concern” to members of the CLBC. “(McGee) had accepted the position, was making efforts to move, change her residency, and basically move around for this position, and then all of sudden the position was withdrawn,” Weber said. “We stand united in requesting that you provide the state bar the best leader as possible, as we’ve always found that to be of the character and qualifications of Ms. Fredericka McGee.” In closing, Weber referenced the constitutional relationship between the Legislature and the State Bar. The Legislature annually authorizes a “fee bill” to allow the Bar to assess lawyers’s licensing fees, according to Ed Howard, a Sacramento public interest lobbyist and longtime State Bar watcher. A History of Turmoil and Mismanagement Over the years, the State Bar has been under scrutiny for some of its practices and the way its leaders have managed the organization. In 1998, then Gov. Pete Wilson vetoed a bill that would’ve authorized the agency to charge lawyers in the state annual licensing fees to fund the Bar. A layoff of two-thirds of the Bar’s staff members was hanging in the balance and the group’s attorney discipline system temporarily shut down for lack of funds. Those issues were only resolved in 1998 after the state’s Supreme Court intervened. Gov. Arnold Schwarzenegger’s administration vetoed another fee authorization bill, Senate Bill 641, in 2009. Schwarzenegger justified his action by basing it on a state
Debbie Manning, former California State Bar board member (Courtesy Photo)
Free!
Wednesday, September 16, 2020
Perfume Brand Says Cutting Black Actor in Ad was Misstep
NEW YORK (AP) – British perfume brand Jo Malone has apologized to Black actor John Boyega of “Star Wars” fame after cutting him out of the Chinese version of a cologne commercial he helped create. Jo Malone London said in a statement to The Hollywood Reporter that the ad designed for Chinese audiences was a misstep and has been removed. The recreated ad replaced Boyega with Chinese star Liu Haoran. “The concept for the film was based on John’s personal experiences and should not have been replicated,” it said. Jo Malone and its parent company, Estee Lauder, didn’t respond to emailed requests for comment Sunday. Boyega and his representatives also couldn’t be reached for comment. The original ad starring Boyega aired last year and was called “The London Gent.” It features the London-born actor walking around the neighborhood where he grew up and riding a horse in a park, and it makes reference to his Nigerian heritage in a scene featuring West African attire. It’s not the first time Boyega has been deleted from a China-based ad. He played a leading role as Finn in 2015’s “Star Wars: The Force Awakens,” but he and other nonwhite characters were removed or diminished from a Chinese poster for the movie. Boyega has spoken out about Hollywood racism, recently telling GQ that Black characters have been “pushed to the side” in Disney’s “Star Wars” franchise.
Race-Based Hairstyle Prejudice
audit that discovered irregularities in enforcing attorney discipline, embezzlement of $675,000 by a former employee, and prohibited disclosure of the rating of a potential candidate for the appellate bench. In a written message, the governor said the Bar’s scandals “cannot continue with business as usual,” “As the organization charged with regulating the professional conduct of its members, the conduct of the State Bar itself must be above reproach,” Schwarzenegger stated. “Regrettably, it is not.” In 2016, after the California Legislature did not pass a Bar dues bill, and the state’s Supreme Court had to step in to authorize the agency to collect interim dues. The American Bar Association reported on Nov. 16, 2016, that both Legislative houses were at odds about the bar’s “reform measures,” introduced by the Assembly. The issue was about a study of whether the bar should break into two parts, splitting the Bar’s attorney discipline abilities from its trade organization tasks. Last month, the Assembly and the Senate passed Assembly Bill (AB) 3362, a bill that would again authorize the Bar to collect fees from California attorneys and restrict its board of trustees from discussing issues
Fredericka McGee (Courtesy Photo)
about the Bar’s exams administration in seclusion. At the moment, Gov. Gavin Newsom is reviewing the bill. At the September 4th board meeting, Fabian Núñez, a former Assemblymember, who represented the 46th District in Los Angeles County and served as speaker of the Assembly from 2004 to 2008, highlighted McGee’s professionalism and praised her “level of dignity,” depth of knowledge,” ability to “build relationships,” and “certainty of purpose.” Núñez said that within his nearly five-year tenure, McGee was his general counsel and he watched her juggle and manage legal matters of the Assembly, the rules committee, and judiciary issues. “It’s something unmatched in California,” Núñez said of McGee’s skill set. “Quite frankly, it’s unique because she also possesses the skills that are so important when you are managing a large organization such as the State Bar.” Gov. Newsom’s former Legislative Affairs Secretary, Anthony Williams also said in support of McGee, “When I heard that she was a candidate for the executive director for the State Bar, I was pleased and proud not only as a lawyer but also as a Californian who knows the important role that the State Bar plays in public protection and administration of justice. Fredericka understands that. I hope that you reconsider it, such a sensitive, personnel decision,” Williams said. The board of trustees’s duties includes developing the guiding policies and principles of the Bar. It comprises of five lawyers appointed by the California Supreme Court, two lawyers appointed the by legislature, and six nonattorney members (four named by the governor). The State Bar’s Board of Trustees Responds The governing body’s chairperson Alan Steinbrecher pointed out that the makeup of the state bar is one of diversity and inclusion and at the end of the meeting sought to provide examples of two prior African American State Bar executive directors. “In my work with the state bar’s leadership team and with staff, I know that the commitment to diversity and inclusion is widely shared throughout the organization,” Steinbrecher said. “As our former executive director said, ‘We want diversity and inclusion to be built in and not built on.’ I also want to note that contrary to some comments we’ve received, the state bar has been previously led by two capable and talented African American women that served as executive directors.” Leah T. Wilson, another African American woman, served as executive director for two years before she surprised some when she left the role on Jan. 17 of this year. The Hon. Judy Johnson, also a Black woman, was the State Bar’s executive director from May 2000 to January 2011. Johnson is now a Superior Court Judge for Contra Costa County, first appointed by Gov. Jerry Brown in 2012. Continued on page A2
By RUSSELL CONTRERAS Associated Press RIO RANCHO, NM (AP) – A growing number of states are facing pressure to ban race-based discrimination against hair texture and hairstyles in schools and the workplace. Advocates this week presented a draft proposal to New Mexico state lawmakers that would outlaw employers and schools from discriminating against Black and Native American women’s hairstyles. It’s the latest state targeted by a national campaign. Devont’e Kurt Watson, a member of Black Lives Matter in Albuquerque, told New Mexico lawmakers on Monday that the state should amend its Human Rights law to protect people with Afros, cornrows, dreadlocks and headwraps. The state should also provide protections for Native Americans who face hair discrimination, he said. “Passing the (the proposal) in New Mexico will have farreaching implications to protect our diverse community from egregious acts of hatred,’’ Watson said. “Hair discrimination is racial discrimination.’’ New Mexico Black Lawyers Association President Aja Brooks said job offers have been rescinded to Black women in other states because of hairstyles and that students in New Mexico and in other states have been told in class by teachers their hair was a distraction. “Hair discrimination for people of color in New Mexico is real,’’ Brooks said. The draft evaluated by a New Mexico legislative interim committee was the first step for a bill that is expected to be introduced in January. New Mexico’s Legislature is dominated by Democrats and the state has a Democratic governor. Earlier this year, Democratic Washington Gov. Jay Inslee signed a bill that made Washington the latest state to pass a version of the CROWN Act. It stands for “Create a Respectful and Open World for Natural Hair’’ and is part of a national campaign promoted by Dove, the National Urban League, Color Of Change and Western Center on Law and Poverty. California, Colorado, Maryland, New York, New Jersey, and Virginia have already passed similar laws, according to people involved in the campaign. Other states, such as Connecticut, have considered similar proposals but they have not passed. Earlier this year, the American Civil Liberties Union of New Mexico sued the state’s largest school district and a former teacher over a 2018 episode where the teacher allegedly cut a Native American student’s hair during class on Halloween and asked another student if she was dressed as a “bloody Indian.’’ The ACLU’s complaint against Albuquerque Public Schools and the former teacher, Mary Jane Eastin, claims she created a hostile learning environment and discriminated against McKenzie Johnson, who is Navajo. The school district’s superintendent issued a public apology after the allegations emerged and told parents that Eastin would not return to Cibola High School, where she taught English. School officials declined to comment on the lawsuit. Eastin’s attorney, Barry Berenberg, did not immediately respond to an email Tuesday seeking comment.
13-Year Ban on Saggy Pants Repealed by FL City
OPA-LOCKA, Fla. (AP) – After 13 years, a South Florida city has overturned a ban on “saggy pants” – bottoms that reveal the wearer’s underwear. The Opa-locka City Commission voted Wednesday on a 4-1 vote to repeal both the original 2007 legislation and a 2013 ordinance that said women, not just men, could receive civil citations for wearing pants that exposed their undergarments. The Miami Herald reports that the vote was a first reading of the repeal, meaning it will need to be approved again at a subsequent commission meeting before it’s official. But the item was co-sponsored by four of the five commissioners. Around the city, which is northeast of Miami, signs still warn folks of the ordinance. They showing an image of two young men wearing pants below their waists and featuring the words: “No ifs, ands or butts ... It’s the city law!” “I was never in support of it, even as a resident,” Vice Mayor Chris Davis, who sponsored the repeal, told the Miami Herald. “I felt it disproportionately affected a certain segment of our population, which is young, African-American men.” When the ordinance was first passed, the ACLU of Florida called it a “ridiculous waste of public resources,” saying it would “impose overly harsh penalties for victimless behavior” and disproportionately affect Black youths.