Vermont Bar Journal, Vol. 40, No. 2 Vermont Bar Journal, Winter 2017, Vol. 43, No. 4 | Page 5

PRESIDENT’S COLUMN
Implicit Bias: A Concept Worth Consideration
As we enter court hearings, discussions
with clients, engagements with fellow at-
torneys and interact with legislators and
other policy makers, we are regularly faced
with the intersection of our laws and the be-
haviors of people in our society. The ideal
point of intersection is not always clear, and
we are frequently asked to consider real
world facts and circumstances of our clients
that do not neatly coincide with laws writ-
ten by our lawmakers through the rulemak-
ing process. It is worth reminding ourselves
that this intersection is interpreted through
lenses that perceive the intent of the law,
our past experiences and our understand-
ing of the world differently. It is here where
self-awareness of attorneys practicing in all
areas is worthy of a moment of reflection.
Not too long ago, I had my own moment
of reflection, when speaking with a young
person whom I’ve since learned is an in-
credible advocate for social justice. This
person declared that I represented some-
one with “all the power.” I am white; I am
male; I am middle aged, and have enough
money to own a home, live comfortably and
take a vacation annually. As I encountered
this concept, I became defensive. I have
worked for all I have! But have I? Am I tru-
ly where I am solely because I have worked
hard? Or is there a larger set of social cir -
cumstances that have placed me, at least to
some degree, in the shoes in which I stand?
Maybe, just maybe, my gender, my race
and my upbringing provided me fewer so-
cial barriers, less implicit bias to overcome.
If we are realistic about the data supporting
the science of implicit bias, we know that
it exists in the correctional system as well
as in our courtrooms. For further consider-
ation, I offer the following excerpt from the
July 2017 ABA article, Eliminating Implicit
Bias: First Step, Admit You Have It:
The Thomas Meyer study, a legal writ-
ing analysis, demonstrates implicit ra-
cial bias in the legal profession. Con-
ducted in 2014, the study included 60
partners from 22 firms of various siz-
es. The diverse group of partners were
tasked with reviewing a memo written
by a third-year associate by the name
of Thomas Meyer: half of the partners
were told Thomas Meyer was a white
man and half were told he was black.
The white Thomas Meyer received a
4.1/5 score on his memo, while the
black Thomas Meyer received a 3.2/5.
The memos had the same amount of
spelling errors, yet the group analyzing
www.vtbar.org
the black Meyers paper found more
spelling errors than the group with the
white Meyers paper.
Eliminating implicit bias is only possi-
ble if people are able to recognize and
understand their own biases. Implicit
association tests, which can be found
online, can help people understand
if they have certain biases outside of
their own awareness. Once you realize
your own biases, you can actively chal-
lenge them.
The term implicit bias or unconscious bias
is a concept worth consideration in the
practice of law as we work to improve our
effectiveness and advocacy. Implicit bias
can be described as: attitudes or stereo-
types that affect our understanding, actions
and decisions in an unconscious manner.
Implicit bias is activated involuntarily, with-
out awareness or intentional control. It can
be either positive or negative and everyone
is susceptible. We all carry implicit bias of
one kind or another as a result of our life
experiences. Merely understanding what
types of implicit bias you may hold is criti-
cal. As you read this article, ask yourself,
do I understand what biases I hold? Do I
understand how I interpret the circumstanc-
es around me given the intersection of my
own experiences and my opinions about
the world with the issue that is presently in
front of me?
In order to dive deeper into implicit bias
to consider how bias may impact our inter-
actions with others within and outside the
court system in Vermont, there are a few
notable statistics. Vermont’s demographic
diversity is unique. According to the Unit-
ed States Census Bureau (2016) Vermont
is 94.6% white and only 1.3% Black and
1.9% Latino. 11.9% of people in Vermont
live below the federal poverty line. 10% of
people under the age of 65 are living with
a disability. The median value of homes
owned is over $218,000 and 70.6% of peo-
ple own their homes. Only 5.6% of house-
holds speak a language other than English.
These statistics show a state that is more
homogenous than not, and makes this con-
versation all the more important.
Implicit bias impacts many different ar-
eas. Gender, race, ability, class, gender
identity, religion, age, weight, political par-
ty, ethnicity and national origin, primary lan-
guage, sexuality and other areas of identi-
ty all hold a relationship to each of us. We
identify in one way or another and then
THE VERMONT BAR JOURNAL • WINTER 2017
tend to hold beliefs or feelings associat-
ed with those identifications. As a criminal
defense attorney, I come into contact with
people who identify differently than I do on
a regular basis. I watch the way our society
has biases. Living in poverty, being black in
Vermont, or being a non-English speaker in
our state can result in a lack of equality or
access to opportunity. The ability to access
housing, be hired into jobs or be seen in
the same light as a white, middle class Ver-
monter is a regular challenge for some of
the clients I serve. These are not easy top-
ics to tackle. Fortunately, our legislature has
stepped forward and is looking to address
racial disparities in our criminal and juvenile
justice system. I applaud this recent posi-
tive step and look forward to this group’s
recommendations for action.
Specific to the criminal justice system, we
have a good deal of work to do in order
to ensure that implicit bias is elevated to
the conscious and out of the subconscious.
Earlier this year in a review conducted by
the University of Vermont entitled Driving
While Black and Brown in Vermont, it was
found that police stop disparities are prom-
inent throughout the state. The disparities
are so significant, the study recommends
significant review of our policies practices
and policy training regarding implicit bias.
As officers of the court, it is our job to
ensure that there is fairness in the basic
constructs of the system in which we prac-
tice. If we know that these inequities exist,
surely it is our job to bring this to light and
consider how to address how inequities are
plaguing the system. While a 2014 study
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