A pervasive issue in New York’s criminal justice system is the underrepresentation of Black men in the city and state’s highest courts, particularly in criminal courts where Black men are too often seen as defendants. Judicial and legal experts are hopeful the next generation of lawyers can change the system from the inside out.
Across all 50 states’ highest courts, there is a severe lack of representation of the nation’s population by gender, race, and ethnicity, according to a 2024 study from the Brennan Center for Justice at New York University. At least 18 states still have no justices of color on their highest courts at all, despite the extensive legacy of Black judges fighting for equal justice under the law and defending civil rights.
So when New York State’s (NYS) Chief Judge of the Court of Appeals Rowan D. Wilson, the first Black man in that position, was confirmed in 2023 it was a serious concern. While impressive that Wilson has ascended to the highest court in the state, there is still an issue of diversity of judges throughout the state’s unified court system.
According to NYS’s self-reported statewide judicial demographics, as of 2025, judgeships in the court are 58% white, while Black people represent about 13% of the various judgeships. In New York City, there were 87 Black judges last year.
This is more than an issue of statistics. When people do not reflect the communities they serve, there is a notable difference in sentencing, discoveries, access to counsel, and in the lived experience of Black families navigating systems, according to the NAACP Mid-Manhattan Branch. The branch hosted a public forum on March 19 in Manhattan to discuss the topic.
“With so many defendants being Black men and so few Black male judges, research shows major differences in conviction and sentencing rates. Together, we are working to build a fairer judicial system in New York and nationwide,” said New York State Attorney General Letitia James in video remarks at the forum. “Let’s keep working together for a judiciary that truly reflects the diversity and values of our communities, where justice is for all of us and every voice is heard.”
According to the NYPD’s latest Crime and Enforcement report, the most frequent race or ethnic group within the ‘Stop, Question, and Frisk’ population is Black (57.7%) and Hispanic (30.2%). An estimated 44% of arrests are Black individuals while they make up about 20% of the city’s overall population, said the report. In terms of incarceration, a John Jay College study found that Black people in the city were jailed at a rate 11.6 times higher than white people in 2021 — which historically has been more men than women.
“How I treat people who go before me, how I integrate some of my life experiences in making certain rulings or suggestions,” said Acting NYS Supreme Court Justice Guy Mitchell who is from Harlem. “It’s all about making sure that they understand that the person who [is] coming before as a defendant is getting a fair trial.”
Mitchell said earnestly that there are many challenges that systemically hinder Black men from becoming judges, like low high school and college graduation rates, and high incarceration rates. He believes that “bottom line” dealing with significant debt out of law school is also a big factor.
“Law school, no matter where you go you will be paying between $60 to $80 or $90,000 a year,” said Mitchell. “So they want that bag because they need to pay back that debt. It’s a mortgage for the rest of their lives.”
Arthur W. Greig, an election attorney, added that in decades prior, many corporations and law firms weren’t hiring Black lawyers out of law school and they were forced to work in government or in public service. He said it’s a good thing that Black men practicing law now have more options and higher paychecks earlier on in their careers, but he encouraged more people to see public service positions as a chance to become a pillar of their community.
Debt forgiveness for student loans is a good incentive to get into the public sector, said Mitchell.
Another factor that might be holding back Black men from getting on the bench is the fact that it’s harder for men to get elected in the first place, said Michael Oliva, a long-time judicial election consultant. “There’s going to be screening panels,” said Oliva about the reality of judicial elections. “There’s gonna be an election. You’re gonna have to get down in the muck with the Democratic or Republican party.”
Additionally, judicial elections come with politics, constant scrutiny of one’s ethics and personal affiliations, and a need for financing in order to succeed, which is why there’s an emphasis on public service as a useful prerequisite, said Greig.
“While you may stand today as the greatest advocate and a zealous one indeed, you want to run the protest marches. There were so many issues that you’re passionate about. Guess what? That stops, must stop when you become a judge. Judges must hold the highest ethical standards, and that means there are some friends who I don’t associate with,” said Acting New York State Supreme Court Justice J. Machelle Sweeting, also from Harlem. “We give up various constitutional rights, so that we can uphold and respect your rights.”
Sweeting underscored how representation strengthens trust in judicial institutions. She considered her years of law school and service on the bench as a long-term investment into herself and her community, rather than just a struggle to pay back debt. She also highlighted the importance of youth engagement, internships, and mentorships that introduce young people to the legal system in positive ways. Her office has even hosted seventh graders from all over the city in her courtroom.
“Especially in the Harlem community, they come to my courtroom, and when they enter the building, they come not because they have a case, but because they have an appointment with the judge,” said Sweeting, “and they do their mock trials in the courtroom.”
NAACP organizers emphasized that addressing disparities in judicial representation requires long-term collaboration among bar associations, law schools, civic organizations, and community leaders to encourage and support more Black men pursuing judicial careers.