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	Comments on: Implicit Bias: Moving from Theory to the Courthouse	</title>
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		By: Chris Budgell		</title>
		<link>https://worklaw.jotwell.com/implicit-bias-moving-from-theory-to-the-courthouse/#comment-25681</link>

		<dc:creator><![CDATA[Chris Budgell]]></dc:creator>
		<pubDate>Sat, 29 Dec 2012 22:43:54 +0000</pubDate>
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					<description><![CDATA[I found this website very recently and have posted one comment already to the latest WORKLAW article.

This subject is something of a revelation to me as I&#039;ve spent over ten years pursuing an evolving legal case without counsel, and almost every action has been summarily dismissed using what I now call collectively &quot;gatekeeper&quot; devices.

I have not yet thoroughly read the UCLA Law Review Article, but I expect to find no evidence that the authors considered that judges, and other members of the legal establishment, have an implicit bias against self-represented persons who appear before our tribunals and in our courts, and especially when they are facing parties represented by counsel.

Looking at my own now fairly extensive experience I can say that for this bias there is compelling evidence, the most notable example of which for me was a hearing conducted (but apparently not recorded) by three justices of the British Columbia Court of Appeal in 2003:

http://courts.gov.bc.ca/jdb-txt/ca/03/06/2003bcca0605.htm

I subsequently discovered in another law journal (and I note it is still not readily accessible to the public) the text of a speech given by the author of that judgment to the members of the B.C. Council of Administrative Tribunals in 1999.  The title was &quot;Know Thyself: Some Thoughts About Impartiality of Individual Decision-makers From an Interested Observer&quot;.  I note she said &quot;Interested&quot;, not &quot;Disinterested&quot;, and in my view the speech amply demonstrates that indeed she was very &quot;interested&quot; - in the sense of biased.]]></description>
			<content:encoded><![CDATA[<p>I found this website very recently and have posted one comment already to the latest WORKLAW article.</p>
<p>This subject is something of a revelation to me as I&#8217;ve spent over ten years pursuing an evolving legal case without counsel, and almost every action has been summarily dismissed using what I now call collectively &#8220;gatekeeper&#8221; devices.</p>
<p>I have not yet thoroughly read the UCLA Law Review Article, but I expect to find no evidence that the authors considered that judges, and other members of the legal establishment, have an implicit bias against self-represented persons who appear before our tribunals and in our courts, and especially when they are facing parties represented by counsel.</p>
<p>Looking at my own now fairly extensive experience I can say that for this bias there is compelling evidence, the most notable example of which for me was a hearing conducted (but apparently not recorded) by three justices of the British Columbia Court of Appeal in 2003:</p>
<p><a href="http://courts.gov.bc.ca/jdb-txt/ca/03/06/2003bcca0605.htm" rel="nofollow ugc">http://courts.gov.bc.ca/jdb-txt/ca/03/06/2003bcca0605.htm</a></p>
<p>I subsequently discovered in another law journal (and I note it is still not readily accessible to the public) the text of a speech given by the author of that judgment to the members of the B.C. Council of Administrative Tribunals in 1999.  The title was &#8220;Know Thyself: Some Thoughts About Impartiality of Individual Decision-makers From an Interested Observer&#8221;.  I note she said &#8220;Interested&#8221;, not &#8220;Disinterested&#8221;, and in my view the speech amply demonstrates that indeed she was very &#8220;interested&#8221; &#8211; in the sense of biased.</p>
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