This abiding rule is graphically portrayed by the figure of Themis - blind justice holding scales in balance. 10 female law professionals responding to a State Bar survey reported being the target of at least one incident of gender discrimination in the courtroom during the preceding three years. Women litigants often experience hostile, demeaning, or condescending treatment from attorneys and sometimes from judges. Judges rarely reprimand counsel or court personnel whose behavior or comments exhibit gender bias. Discriminatory treatment of attorneys affects their credibility and may have serious consequences on their ability to advocate effectively for clients.
Gender bias can be subtle and unintentional.
This guide is designed to help judges, attorneys, and court personnel identify gender bias in our courts. Although a majority of male attorneys and judges surveyed by the task force believed that bias against women does exist, most felt that it exists in only a few areas and involved a few individuals. In contrast, more than half of the women respondents indicated that bias against female litigants not only exists, but that it is widespread. Most women also said gender bias is subtle and hard to detect rather than readily apparent. Gender bias may be defined as the predisposition or tendency to behave toward people mainly on the basis of stereotypes about their sex.