Geneva, A United Nations expert has emphasized the necessity for the United States to ensure judges have the freedom to speak out on critical issues related to judicial independence and the administration of justice, including racial and gender inequity. The statement comes in the wake of an investigation into Justice Anita S. Earls of the North Carolina Supreme Court for her comments highlighting potential biases within the court system.

According to Office of the High Commissioner for Human Rights, UN Special Rapporteur on the independence of judges and lawyers, Margaret Satterthwaite, raised concerns over the investigation of Justice Earls, who pointed out the impacts of implicit biases on the court’s decision-making. Earls, the only African American woman on the North Carolina Supreme Court, had discussed the challenges posed by the lack of diversity among the Court’s advocates and clerks, as well as the differential treatment she experienced, potentially due to her race, gender, or political views.

The investigation by the North Carolina Judicial Standards Commission into Earls’ remarks was critiqued by Satterthwaite, who highlighted the inconsistency in the Commission’s approach, noting that other justices had made public accusations of partisan behavior without facing similar scrutiny. This discrepancy raised concerns of discrimination based on race and gender, as well as fears of reprisal for addressing issues of racial and gender discrimination within the judicial system.

Satterthwaite underscored the importance of a diverse and representative judiciary in upholding equality under the rule of law. She advocated for judges’ rights to discuss representation and bias openly, arguing that such dialogue is essential for transforming principles of equality before the law into reality. The Special Rapporteur’s statement calls for protection and encouragement of judicial commentary on vital public interest issues, including efforts to combat discrimination and enhance equity within the justice system.