52% of lawyers face racial profiling in workplace, survey finds
by Mariner Fagaiava-Muller
After revered barrister Tiana Epati was mistaken for a criminal defendant at court, the Pacific Lawyers Association surveyed how frequently lawyers are being profiled. Mariner Fagaiava-Muller reports.
Outrage ensued when Epati, the former NZ Law Society president, was taken amiss for a defendant.
There are around 1500 Māori and Pacific court lawyers in Aotearoa, and many of them have met similar encounters with court staff.
Those who witnessed others being profiled could recount up to five such instances.
Within the wider legal workplace environment, 52% of lawyers said they’ve been racially profiled at least once during the last seven years.
That’s according to a survey conducted by the Pacific Lawyers Association, in partnership with Te Hunga Rōia Māori o Aotearoa.
Out of those who have been subject to racial profiling themselves, only 18% reported it.
One respondent wrote, “I was asked twice in one day by the security person in court who was Pakēhā, if I was aware that I was sitting where the lawyers sit and that I should move to the gallery.”
“I told him discreetly that I was a lawyer and sitting in the right place.”
“I was so angry and upset that he had asked me for the second time, that I wanted to cry.”
Another respondent, who was asked to prosecute a High Court bankruptcy matter, was told by an older Pakēhā clerk that there were no sittings for today.
After supplying the clerk with more information about the case, they were asked “oh are you counsel?” The clerk then said, “the High Court is sitting today… in the High Court you need gowns.”
“I do have my gowns thank you very much, is the courtroom open?,” the lawyer replied.
A Palagi respondent felt “shocked and saddened” for his tāne Māori and wāhine Māori/Pasifika colleagues who were confronted at the Christchurch District Court.
“The female lawyer was approached by a duty lawyer,” they said. “The duty lawyer queried whether she was self-representing as she was so beautifully dressed for a person appearing in court.”
“The male lawyer was asked separately on the same visit what court he was appearing in.”
Pasifika account for little over 3% of the legal profession, with Māori and Asians making up 6.9% and 10.2% respectively.
The Pacific Lawyers Association forecasts Pasifika lawyers will double in size by 2027, and is calling for anti-racism initiatives, education and training.
President Arti Chand says in an ideal world, Māori and Pacific lawyers would be treated with respect and courtesy.
“Our people have worked hard to become officers of court, they deserve to be treated just as any other legal professional is dealt with,” she said.
In 2018, the NZ Law Society’s Legal Workplace Environment Survey uncovered that nearly a third of females have been sexually harassed, and more than half overall have been bullied in their working lives.
Four years on, Chand says the conversation around workplace bullying remains relevant.
“While all forms of discrimination and unacceptable behaviour have no place in the profession, bullying is a far more prevalent problem and needs particular attention.”
“This is especially so for lawyers of ethnic origin given what the 2018 survey found about bullying which was motivated by race.”
Minister of Courts Aupito William Sio calls the PLA survey results “concerning.”
“Everyone who interacts with the court system in any capacity deserves to be treated with respect, he said.
“I know that is the expectation of the Ministry of Justice and that would be my expectation as Minister as well.”
Diversity workshops are held twice a year, and customer service and equity training for all court security officers is undergoing a refresh, Aupito said.
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Cover photo: NZ Herald