A lawyer for Associate Justice Anita Earls, one of two registered Democrats and the only Black jurist on the seven-member court, filed paperwork Wednesday to end her lawsuit against the state Judicial Standards Commission.
In the article, Earls discussed the court’s decision to end a commission looking at fairness and equity in the state court system and what she considered a lack of minority judicial clerks on the court.
“I really do think implicit bias is at play,” Earls was quoted as saying. She added that “there have been cases where I have felt very uncomfortable on the bench because I feel like my colleagues are unfairly cutting off a female advocate,” including one who was Black. Earls’ allies publicly came to her defense, saying topics on race and gender needed to be addressed.
The commission letter to Earls in August said her comments in the interview potentially could have violated a section of the judicial code directing judges to conduct themselves “at all times in a manner that promotes public confidence in the integrity and impartiality of the judiciary.” Anyone can file a complaint with the commission, and an accuser’s name isn’t made public.
The commission’s lawyers had argued in federal court that Earls’ lawsuit should be dismissed, citing a legal doctrine that discourages federal courts from hearing a case that could interfere with the authority of state courts. And they said commission procedure provided adequate opportunities for someone to raise First Amendment concerns.
Earls, a civil rights attorney first elected to the court in 2018, has been a chief objector to several key rulings issued by Republicans on the Supreme Court since the GOP regained a majority in early 2023. Earls plans to seek reelection in 2026, Wednesday’s news release said.
