Biden’s team asks Senate Democrats to recommend public defenders and civil rights lawyers to the federal bench

Dana RemusDana RemusMORE, Biden’s choice to serve as a White House lawyer when he takes office next month, sent a letter to Democratic senators this month asking for their opinion on the district court seats in their states, saying the new government would emphasize the indicated that they are demographically diverse and do not have the corporate law or pedigree of prosecutor typical of a federal judge.

“With regard to the positions of the United States district courts, we are especially focused on naming individuals whose legal experiences have historically been underrepresented in the federal court, including those who are public defenders, civil rights and legal aid lawyers, and those who represent Americans in every walk of life, “wrote Remus in the letter, which was obtained by The Hill.

The letter, dated December 22, was first reported by HuffPost on Thursday.

The letter comes at a time when advocacy groups are pressing Biden’s transition team to take a different approach from previous administrations with regard to the appointment of federal judges.

Recent presidents of both parties have filled the judiciary with former prosecutors, lawyers who come mainly from prestigious law firms specializing in representing large corporations or some combination of the two.

The Center for American Progress published a study in August that found that 65 percent of circuit court judges, who hold a position just below the Supreme Court, spent most of their legal careers in private practice, usually in large law firms. advocacy. Only three spent their careers as public defenders, and only one was a lawyer for a nonprofit organization, according to the study.

A 2014 study by the progressive group Alliance for Justice (AFJ) found that former President Obama contributed to the trend. According to the AFJ, 85 percent of Obama’s nominees up to that point were corporate lawyers, prosecutors or both.

Remus’ letter is a victory for defenders who pressure Biden to approach court orders differently than his Democratic predecessors.

Christopher Kang, a co-founder of the progressive group Demand Justice, applauded the move and pressured Democrats in the Senate to honor it.

“These are exactly the kind of priorities and processes that we have been pressing and that will be needed to rebalance our courts after four years of Trump and McConnell,” Kang said in a statement. “President-elect Biden’s emphasis from the beginning on professional diversity demonstrates his commitment to building on the historic demographic diversity of President Obama’s judges, and his clear timeline underscores that judges will be a priority from the first day of his administration. “

“This letter also sets the right tone for senators, who traditionally have an outsized – though often underestimated – role in court appointments and can be the source of delays or recommend many lawyers from over-represented backgrounds, such as corporations, law firms and prosecutors. “he added.” Now, senators are warned that they must follow Biden’s example and provide multiple, timely recommendations from lawyers that would restore the balance and legitimacy of our courts. “

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