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Only Whites Need Apply

By Lafe Tolliver, Esq
Guest Column

     I will tell you about a scandal, a legal scandal if you will, that has been happening in Lucas Country for decades and seemingly without any letup in sight.

     It is a sad and sordid story of the good ol' boy network and the maintenance of power by the powers that be over the lives of black people who are caught up in the justice system and those seeking a legal job in that same system.

    It is a tale of people excluding others simply due to their race. Now, this practically closed system did not evolve by accident or as a result of not finding enough "qualified" blacks (as if all whites are "qualified!").
 



Lafe Tolliver, Esq

    It is, truth be told, about white folks not wanting people of color to share positions of power. It is about white folks behaving badly when they have the purse strings to do the right and fair thing but yet buckle in the knees and select and choose those lawyer candidates who look like them for available jobs.

    It is about choosing a Mary or a John who comes from your same fraternity or sorority or college or a past neighborhood high school graduate with whom you can ethnically identify with.

   It is about the woefully poor selection process by which people who hire, hire those who look like them and that means black graduates from law schools with the same law degree and credentials are chronically left out in the cold wondering "what is wrong with me?"

   The past and current hiring record in Lucas County for legal jobs in the Public Defender Office (P.D.) or the Lucas County Prosecutor's Office or the Juvenile Court Prosecutor's Office or the Toledo Municipal Court Prosecutor's Office or the law department of the City of Toledo can be stated with two pithy words...appallingly bad.

    Not poor. Not so-so. Not...it could be better. Not...we have a ways to go...but bad...

appallingly bad.

     In some of the city and county departments wherein they use legal aides and/or attorneys, you will find no minorities. Nada. Zip. None.

    What is really egregious is the Pubic Defender's Office in which their clientele base is approximately 50 percent minorities coming before the judges to be sentenced.

Yet, the Public Defenders Office has no black attorneys (and, save for one who recently died and one who moved away many years ago, they have had none for decades).

    Save for one here and there over the past 30 years, The P.D. office is one of the worst hiring offenders. They have no shame. Sure, they will come now and then to the Thurgood Marshall Law Association meetings and grin and smile and tell us to contact them with applicants, but …

    The but is that they do nothing to change or correct the culture of their dismal hiring record and this is so even when minority candidates apply for the few and far between job openings in the P.D. office.

     Having been a lawyer since 1977, I have had first-hand viewing knowledge of the above-named departments being practically lily white...and the powers that be, simply could not give a bucket of warm spit about the inequities in their midst.

     Why? They simply do not give a tinker's damn even though they are disingenuously eloquent in providing reasons why they can not hire minority candidates and, for that, they trot out the tried and true usual suspects: (1) can't find qualified candidates. Problem: they don't look for them (2) we have budget woes and can't hire at this time. Problem: when there weren't budget woes, you didn't hire even then.

     You can count on two hands over the past 25 years, the number of blacks and other minorities who were allowed to grace the courtrooms of this county or city as prosecutors or serve as public defenders or serve the county or city law departments as lawyers. Names available upon request.

     And what makes this scandal, scandalous is that these positions are funded by tax-payer funds. Yet the persons who make these biased hiring decisions treat the tax funds as their personal pocket money and hire whom they want without accountability.

    Advertising for vacancies? Are you on drugs? No, they do not post the job openings

for all to see in any public media outlets.  They pass the word around to their own cronies and inner circles of best buds and those are the ones who get the jobs.

    The few minorities who have cracked that glass ceiling of hiring did it in conjunction with an inside person who had a conscience to know that equality means employing people other than from your own clan or tribe.

     What is the pernicious effect of this closed system of hiring? Simple. It is tough to recruit black students to come to the law school here in Toledo because they can see that upon graduation, the job market, other than entering into a private practice, is a closed shop for all intents and purposes.

      The other effect? When people of color appear before judges and they do not see black prosecutors or are not represented by a black P.D., they can think that the system is stacked against them and there is no hope for them. Perception is reality.

       The current system by which people of color are hired or not hired by the city, state and county agencies that employ lawyers has made and is currently making a statement that black lawyers need not apply.

       Has the white county or city bar associations issued any manifestos about this glaring practice of a decades old track record of not hiring people of color as lawyers? No.

      Has anyone chided the Public Defenders Office for their abysmal hiring record for black attorneys? No. Have any of their funding sources raised their eyebrows about why there are so few, "flies in the milk?" No.

      Do the parties that hire attorneys for these public tax payer paid legal slots, do they have any shame about what they do and how they do it? Apparently none.

Yet, they want to give the impression that all is well and they are doing their level best to right this crooked playing field. Lies...lies and more lies. The proof is in the pudding.

      You want to see bald-faced segregation in Toledo? You want to see "legal" apartheid in its finest form? Simply go to the P.D. office and check out what lawyers have nappy heads. Go to the Lucas County Prosecutor's Office and see how many lawyers are wearing an Afro.

     Go to One Government Center legal department and check out who there is darker than a glass of milk. Go to the Juvenile Court or the Domestic Relations Court and see how many magistrates or referees are black. Note: in the Domestic Relations Court, the last black referee came out of there over 25 years ago! Name available upon request.

     And when you do that and when you check out the paucity of the hiring of black lawyers in the past 20-40 years in this city, then tell me with a straight face that all is well in Toledo.

Contact Lafe Tolliver at Tolliver@Juno.com

 

  

   
   


Copyright © 2015 by [The Sojourner's Truth]. All rights reserved.
Revised: 08/16/18 14:12:41 -0700.


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