The Wisconsin Institute for Law & Liberty (WILL) has filed a Title VI complaint against the American Bar Association (ABA) for allegedly discriminatory programs, including its “Judicial Clerkship Program” and “Judicial Intern Opportunity Program,” which offer exclusive opportunities to candidates based on race. The complaint also names three universities—South Texas College, the University of the Pacific, and Willamette University—for their involvement in the clerkship program.
Additionally, WILL has lodged a formal judicial misconduct complaint against Judge Leo I. Brisbois, a federal magistrate in the District of Minnesota, citing discriminatory practices as a key participant in the clerkship program. WILL is considering further complaints against other judges.
WILL Associate Counsel Skylar Croy stated, “An organization that should be dedicated to ‘liberty and justice for all’ has continued to pursue programs that are discriminatory and unjust. It’s why WILL issued a clear warning to the ABA that its programs are illegal and, frankly, perpetuate racism and division in our country. Enough is enough. It’s why WILL has taken significant legal steps to resolve this injustice.”
Last month, WILL notified the ABA and Judge Brisbois that their current programs violate multiple federal, state, and local civil-rights laws. WILL warned that unless these programs were opened to all races and ceased using race as a factor, it would take legal action.
As a recipient of federal funds from various agencies, the ABA is subject to Title VI, which prohibits discrimination on grounds of race, color, or national origin. However, several programs administered or associated with the ABA reportedly do just that.
The ABA’s Judicial Clerkship Program aims to introduce law students from diverse backgrounds to judges and law clerks while encouraging judges to consider students of color for clerkships. Law schools contract with the ABA to send students to job fairs under racial quotas.
The Judicial Intern Opportunity Program provides summer opportunities for students from traditionally underrepresented racial and ethnic groups to work with judges. These interns receive $2,000 for their work after confirming their eligibility based on racial criteria.
The Diversity Clerkship Program offers business law clerkship placements for four diverse first- or second-year law students who receive $5,000 each. Applicants must qualify as "diverse" in specific ways including being a student of color.
The Legal Opportunity Scholarship grants $15,000 annually to ten to twenty diverse law students who must belong to an underrepresented racial or ethnic minority group.
The Business Law Fellow Program encourages participation from young lawyers of color, LGBT lawyers, and lawyers with disabilities in Business Law Section activities.
The Diversity Fellows Program targets young barred lawyers interested in international law who come from diverse backgrounds including varied races, ethnicities, sexual orientations, and abilities/disabilities.
Since 2021 as part of its Equality Under the Law Project, WILL attorneys have represented over 50 clients across 21 states. The organization has secured six court victories with many cases still pending. Recently awarded over $350,000 by a federal court after successfully suing the Biden Administration for race discrimination; WILL also negotiated a settlement with the State Bar of Wisconsin opening a similar diversity internship program to all law students.
For more information:
Title VI Complaint Filed 5.21.24
Judicial Misconduct Complaint Filed 5.21.24
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