Equity and Inclusion is not Dangerous; It is Fundamental to Supporting Access to Justice.1
So much has happened in the last 30 days that impacts the entire community and requires attorneys and jurists to step up. There have been multiple complaints filed across the country seeking relief for those entitled to birthright citizenship and for court protection of funding previously approved and earmarked for all manner of public concerns—public safety, public health, environmental protection, and many other projects and programs. DOJ Prosecutors have chosen to resign, rather than take part in using that agency and their professional standing, to dismiss a multi-count case against New York’s Mayor Eric Adams—not based on evidence of criminal conduct, but because the mayor can better assist the Administration in implementing federal immigration policy if he is not distracted by criminal prosecution and potential incarceration.2
While we expected to see changes in policy, I do not think most of us expected the widespread disregard for well-established law and procedure in the implementation of new policies. It goes against the grain of what we understand about the rule of law and our system of government. This is hard to watch.
Related to disregard for existing legal authority is the rebranding of core values of the KCBA and other organizations. I am referring to the Executive Order titled Ending Illegal Discrimination and Restoring Merit-Based Opportunity. The presumptions included in the title are troubling to anyone who has been involved in supporting programs that promote equity and inclusion. The first troubling presumption is that diversity, equity and inclusion (DEI) work is responsible for “dangerous, demeaning, and immoral race- and sex-based preferences.”3 Is it dangerous to support scholarship opportunities for first generation attorneys who have developed a passion for civil rights and access to justice? The desire for fair treatment and equality spawned the creation of our country, the framing of our constitution and important constitutional amendments, as well as federal civil rights legislation. Inclusion and equity are in alignment with existing law.
The second and equally troubling presumption implicit in the reframing of DEI is that beneficiaries of equity and inclusion work are lacking in merit when compared to unidentified persons, allegedly disfavored by DEI work. This portrayal of DEI work disregards the intellectual acumen of the scholars we have the privilege to support through grants and scholarships that broaden access to the legal profession. According to this train of thought, the traditionally underrepresented members of our community who have benefitted from equity and inclusion work are not as deserving of our help and support as the unidentified comparators. Anyone who spent time speaking to some of the most recent recipients of KCBF funded scholarships can tell you they are hardworking, smart, dedicated scholars looking for ways to use their talent and training in our community. It is the attempted rebranding of DEI work that is dangerous—and demeaning.
The same Executive Order calls for development of a list of subject entities that require investigation of their DEI work, including professional, non-public organizations such as State and local bar and medical associations.4 Much like the attempt to require local entities to support national immigration policy, it seems the Administration also seeks to require bar associations to support the inaccurate perceptions contained in the Executive Order on diversity. As attorneys and judges, we are trained to focus on facts and not speculation, so here are some facts.
- KCBA celebrates diversity and contends that there is room for everyone in this profession. Expanding the variety of voices heard within the bar does not mean other voices will be excluded. Rather, it means we secure a place for everyone who wants to join the outstanding field of attorneys in King County.
- Our state licensure requirements include at least one continuing legal education credit on topics relating to equity, inclusion, and the mitigation of both implicit and explicit bias in the legal profession. In support of this expectation, the KCBA provides CLE materials that meet WSBA’s Ethics/Equity credential.
- KCBA works to engage potential members of our profession by participating in youth events such as helping King County courthouses host middle- and high-school kids for Law Day activities and offering LSAT support for those who lack financial resources to attend preparatory classes for the test.
- KCBA does not exclude applications for LSAT support based on race, gender, or other status. Instead, we seek information about what brings an applicant to the practice of law, whether they experienced barriers that have impacted their ability to do so, giving priority to future law students who have a demonstrated financial need.
There is a path for everyone to become part of our legal community, so I hope we can redirect the conversation toward that goal. There are people and organizations in King County who have been working toward inclusion, rather than exclusion, for many years. This includes our judiciary, our legislature, and our executive branches of government, as well as private industry. Let us continue in the work we know improves access to justice and the experience of legal professionals in providing that access.
1 Thanks to KCBA Member Services Director, Bridget Schuster for her work in articulating more clearly the importance of inclusion work at KCBA and helping to support this core value.
2 See February 10, 2025, Memo from Acting Attorney General Bove, p. 2. https://www.nytimes.com/interactive/2025/02/10/nyregion/adams-
case-dismiss-memo.html
3 Executive Order 14173, sec. 1.
4 Id., sec. 4(b)(iii).
