Be Heard

North Dakota Commission studies racial injustices in court

By Kristine Kostuck
Contributing Writer

The North Dakota State Supreme Court Commission is completing a study about racial and ethnic inequalities in the judicial system. The study focuses on minorities who have experienced bias during court and from others associated with the court system. A public meeting will be held on Thurs. Feb. 24 at 3:00 p.m. and the Commission invites those who have concerns with the court system to share injustices they have directly experienced or witnessed.

The goal of this study is to ensure fairness is and will be practiced in the court system. Martha Castanon, a member of the Racial Justice Committee within the program, said it is crucial to hear from individuals that feel they have been treated unfairly for the Commission to create a more equal system.

“In order to make changes, the commission needs to hear stories and to implement changes so that all staff in the court system will treat people equally,” Castanon said. “I hope that people can come forward and not be afraid to speak of their personal story.”

Injustices stated at the meeting can be of biased treatment not only from judges or attorneys but also from court staff, Castanon said.

“People need not to be afraid to speak at these hearings,” she said. “Their stories need to be heard. If they are not heard, then there will be no change. It is from my own personal experiences, the experiences that my family went through that I have become involved in racial justice.”

Castanon wanted to assure the public that this is a civil rights issue people are battling within North Dakota. When asked who would be an example of court injustice she spoke about the Alfonso Rodriguez trial, the first death penalty case to hit North Dakota.

“Had the victim [in the Rodriguez trial] been a woman of color and the perpetrator a white man, would there have been the same public outrage?” Castanon asked. “I seem to remember a young Hispanic male who was also killed and his body found in North Dakota, yet no public outrage. An all white jury can say they have no bias, but yet it is so ingrained that they do not realize they have it. Many years ago a young Hispanic male, who was barely a late teen, was sentenced to life without parole for killing a white woman. Needless to say, it was a mistake by him, but had he been white, it is very probable that he would have received a lesser sentence. Most people I know who are going through the court system usually automatically feel they will not serve a fair sentence.”

Castanon said that for two people to be charged differently with the same crime, and to get different sentences because of their race, is an injustice that needs to stop.
The Committee’s goals and report is available online at http://www.ndcourts.com/court/committees/biascommision/commission.asp.

The best way to learn about the study and find if your story qualifies for the research is to attend the meeting. There, the Court Commission will explain their Interim Report during public discussion and will answer questions concerning their study.

The Commission members want everyone hesitant to share stories to know that personal information, including names and income, will not be presented in any publications or outside discussion.

Questions and comments: .(JavaScript must be enabled to view this email address)

[Writer’s Note: If you cannot attend the meeting, you may reach the commission at 701.328.4287 or 612.719.9617. Mail your experience to: 600 E. Boulevard Ave., Bismarck N.D., 58505]

IF YOU GO:
What: Racial Bias Public Hearing
When: Thurs. Feb. 24, 3 to 7 p.m.
Where: NDSU in the Alumni Center’s Reimers Room, 1241 North University Drive, Fargo
Commission members will be available to speak individually to attendees at the meeting.