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Having grown up in El Paso, Texas, (a predominantly Latinx population), it was only upon attending law school at Indiana University Maurer School of Law and practicing in Indiana, that I understood the difficulty the Latinx community can have navigating legal issues when Spanish speakers are not prevalent.
I was only one of two Latinas in my graduating class in May 2017 and my decision to stay in Indiana was primarily based on my desire to assist those in underrepresented communities.
Since beginning my practice I’ve traveled counties across the state to represent Spanish-speaking clients. In doing so, I became aware of the lack of Spanish speakers in all levels of our legal system— judges, attorneys, law enforcement officers, administrative court staff, client resources, and translators.
Navigating the legal system for the first time can be difficult for anyone that isn’t a lawyer, but can you imagine trying to do so without speaking English fluently?
When one thinks of the importance of diversity, equity, and inclusion, or DEI, initiatives in our legal community, one must reflect on our ability to meaningfully and thoroughly represent clients of all cultures and race.
Over the past several years, Indiana legal publications have addressed how Indiana suffers from being categorized as a state with legal deserts.
On June 5, the Indiana Lawyer published an article on the significant shortage of attorneys and the Indiana Supreme Court’s approach to tackling the issue. A 23-member Commission on Indiana’s Legal Future was appointed to brainstorm on how to slow the decline of practicing attorneys across the state and make Indiana a more appealing place to practice law.
Joint initiatives, like the one between Indiana University Maurer School of Law and IU McKinney School of Law, which pairs law students in rural counties with judges to work as certified legal interns, is a good start. However, if we are not mindful of the need to incorporate DEI initiatives as part of the solution, then our solutions will remain incomplete.
DEI is not only a way to ensure that diverse communities are being represented by individuals who look like them and speak their languages, it ensures that all ancillary parts of that process also support them in a meaningful way.
From the Department of Child Services to probation offices, and victim advocacy programs across the state, the incorporation of diversity policies ensure that one’s culture and language is not another hurdle to overcome.
Unfortunately, DEI officers, curriculums, and educational initiatives are being stricken from public universities across the country. The June 2023 United States Supreme Court decision striking down affirmative action and other Indiana law specific mandates have also created several challenges for DEI initiatives more broadly.
Indiana law mandates that government boards and their contracted investment managers must act in accordance with fiduciary duties of loyalty and prudence, thereby prohibiting investments based on Environment, Social and Governance, or ESG, criteria which have DEI as a component. This legislative change has significant implications for the legal community, particularly in terms of compliance, advisory roles, and the broader impact on DEI.
It is imperative as a legal community that we continue to promote diversity, equity and inclusion initiatives, as it is more reflective of the global economy and the client demographic we serve.
It is also in accordance with our oaths as counsel, to “never reject, from any consideration personal to ourselves, the cause of the defenseless, the oppressed, or those who cannot afford adequate legal assistance.”•
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Star Martinez is an associate at Lewis Wagner. Opinions expressed are those of the author.
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