Raphael launches wide-ranging survey to measure court bias beyond lawyers
The Commission on Women in the Courts will include victims and staff in a 2027 study to assess fairness.
By Layla Fontaine ·
Felicia Raphael, executive director of the Hon. Betty Weinberg Ellerin Permanent Commission on Women in the Courts, is preparing a comprehensive survey for 2027 that will capture the experiences of non-judicial court employees, litigants, criminal defendants, crime victims, and transgender court users. This new data collection effort marks a departure from previous studies, which relied exclusively on input from licensed attorneys.
The initiative aims to address persistent gender inequity within New York State courts. A 2020 report found that 51% of female attorneys felt male judges gave more credibility to arguments made by male lawyers. Raphael noted that the general public may have less interest in these issues now than during the height of the #MeToo era, making public education a priority for the commission.
Raphael argued that broader public understanding could mitigate credibility issues in juries and general court proceedings. The commission plans to use a new video podcast and other programs to explain the double standards women face. The goal is to ensure court leadership and legal staff communicate clearly with the public about how cases are handled.
Raphael took the director role nearly two years after a two-decade solo practice. She previously served as a law librarian clerk and court attorney, positions that gave her direct insight into gender and racial dynamics in the courtroom. Her advocacy roots trace back to the 1970s, when her mother brought her to marches for the Equal Rights Amendment.
The commission was established in 1986 following a task force led by Chief Judge Lawrence Cook. Justice Betty Weinberg Ellerin served as its leader for more than two decades. She retired as co-chair on September 14 at age 97, shortly after Chief Judge Rowan Wilson renamed the commission in her honor. Justice Llinét Rosado now serves as co-chair while the commission selects a replacement.
Recent data shows mixed results regarding progress. While more women hold judicial appointments and administrative leadership roles, the 2020 survey revealed that 46% of female attorneys reported unwelcome physical contact and 67% reported offensive verbal comments. Raphael cited specific cases where court personnel discouraged domestic violence complainants from filing petitions. She is expanding training programs to address subtle behaviors like microaggressions and gaslighting, which often fall below the threshold for formal complaints.
The commission continues to implement mandatory trainings to reduce overt sexual harassment. Raphael emphasized the need to prevent employee discomfort and ensure fair treatment of the public. The upcoming 2027 survey will provide a wider view of court fairness, including access to justice issues for those who do not practice law.
