Race, Diversity, Spotlight, Criminal Law
September-October 2020

What allies can do to help BIPOC (extended version)

Anyone who has read the other articles in this issue— “Courageous conversations about race” and “Raising the voices of prosecutors of color”—may feel moved to action. We asked the same folks who answered our first batch of questions a couple of follow-ups on how their friends and coworkers can come alongside them in these trying times and use their own voices to advocate for justice. Here’s what they had to say.

What are some specific things allies can do to help (either as a prosecutor or as a minority person in America in 2020)?

Idris Akinpelu
Assistant Criminal District Attorney in Dallas County
Share your experience and ask questions. People have to understand that we’re all equal humans even if you don’t agree with someone or don’t know them. The best thing allies can do is use their voices and influence to make change, whether it’s in the office, the law, or their individual community.

Paul Love
Assistant Criminal District Attorney in Galveston County
As elected officials and prosecutors, we should engage the community more in open dialogues to address concerns with the criminal justice system. Whether that is about encounters with police or how cases are prosecuted, the community needs to better understand how the system works. Also, lay out detailed measures we are taking to address certain issues.

LaQuita Long
Assistant Criminal District Attorney in Dallas County
At every speaking event in our communities, I stress the importance of voting and serving on juries. I explain that the community cannot complain about verdicts at trial if the community runs from serving on juries.

Erleigh Wiley
Listen to people. It doesn’t mean that minorities are in the right and you are in the wrong—it is just that people need to be heard; engage in self-examination about what you could do differently; and then be the change. We individually have our own silos of influence. So, either in your church, neighborhood, or just right in your extended family, let the people you influence know how you feel. This isn’t about a winner (minorities) take all. This is another stage of awareness of inequality and that a more equalized world is a better place for us all to live in.

Denise D. Hernandez
Assistant District Attorney in Travis County
Show compassion and empathy for other experiences. That starts with listening to different perspectives and engaging in thoughtful conversations about race. It’s OK to feel uncomfortable. Growth happens when we are pushed out of our comfort zones.

Chandler Raine
Assistant District Attorney in Harris County
Don’t be afraid to call out racial inequality and injustice wherever you see it. It is so easy for a person, group, or society to simply claim “I am not” or “we are not” racist, while their actions lead to outcomes that are. It isn’t enough to attack the obviously racist things we see and then feel as though the work is done. The softballs are the easy ones to swing at, and we have to also be willing to wrestle with the hard and difficult reality that systemic issues require systemic change.

Ciara Parks
Assistant District Attorney in Travis County
Allies can make an effort to reach out even when the ally feels uncomfortable and make space to listen. People of color want to know that allies care about what we are going through.

Jessica V. Huynh
Assistant District Attorney in Travis County
Engage by listening. It is undeniable that the world around us is changing. Listen closely, fight the urge to be defensive, and truly try to keep an open mind.
            Our community is telling us what they think justice should look like. And as representatives empowered by this community, it is our duty to listen. When we listen and empathize with the community we represent, seeds are planted for reform. And much-needed trust is grown between our community and law enforcement. Change will happen in small, slow pivots. By listening, we give our community a voice in how it looks like down the line.

Nicci Campbell
Assistant District Attorney in Harris County
Being an ally is about listening, educating, and taking action. Listen to the stories of BIPOC individuals in this country and be willing to learn from them. Listen to understand rather than to criticize, gaslight, or undermine their experiences. Then take the time to educate yourself on our country’s racist history and how it’s still affecting us today, especially the racial disparities in our criminal justice system. Use your privilege to amplify BIPOC voices and help make the positive, necessary, and long-overdue changes that we’ve been tirelessly fighting for for centuries.

Ashley Earl
Assistant District Attorney in Fort Bend County
Be a good listener. Keep open mind before responding to complaints. Donate to causes. Volunteer to help advocacy. Don’t tolerate double standards.

Elissa Wev
Assistant Criminal District Attorney in Dallas County
First, acknowledge and identify there is a problem. Unfortunately, white supremacy and systematic racism are not only codified in the disparate impacts of our laws and rules on BIPOC, but also in our norms. Notice I have not mentioned the word “hate”—that’s because hate happens in the heart, and depending on your position and perspective, you may not have a heart problem. You almost certainly have an operational problem, entangled with a culture problem, and it’s your responsibility, if you’re seeking to be an ally, to find out what your problem is. 
            Second, do your own work. Far too often we place the emotional labor of solving these issues squarely on BIPOC. Before calling a “courageous conversation listening circle” or forming a diversity committee, self-examine and self-inspect on both a personal and institutional level.  This process will require both introspection as well as historical re-education and intentionally seeking knowledge about the experience of BIPOC from BIPOC voices.
            Lastly, do not allow yourself, your office, or organization to make decisions in a BIPOC vacuum. If BIPOC prosecutors are not present and dynamically included in decision-making, you’re effectively disenfranchising our voices.  

Janie Korah
Assistant Criminal District Attorney in Galveston County
Listening. Many of us are privileged, myself included. We haven’t lived a day in an overpoliced neighborhood, been the target of profiling, or witnessed injustice happening to a family member. Allyship means refocusing each day. As a prosecutor, it means not just opening up a case and asking, “How can I prove this charge?” but also asking, “What is going on here?” A case may very well be rock solid, but still, pause and ask yourself, “Am I OK with everything happening here?” As an ally, it’s vital that we speak up when we see something of concern.
            Additionally, we should give positive reinforcement to officers doing a good job and encourage them to set an example for others. The cleaner the police work and investigations, the more citizens can trust law enforcement and the easier it will become to try our cases. When our officers aren’t on trial, we can focus on the actual crime. Everyone can win.

Alexandra Guio
Assistant Criminal District Attorney in Dallas County
If you want to help, start by listening and strive to empathize. Don’t be afraid to say, “I don’t know how to help,” and simply ask what you can do to help. Don’t be intimidated by the fact that these conversations can be uncomfortable. In order to make progress in fighting for equal rights for BIPOC, it requires everyone to be comfortable being uncomfortable.

Ty Stimpson
Assistant Criminal District Attorney in Tarrant County
I think the most important thing allies can do to help is to genuinely listen. Having courageous conversations is great, but listening is what is needed the most right now. I appreciate my friends and colleagues listening, reaching out, and expressing their disdain over a lot of recent events that are plaguing our country.
            After listening, allies need to acknowledge the hurt that BIPOC may feel. You may not be able to empathize, but you can certainly sympathize. BIPOC love America just as much as non-minority Americans, but history has exposed that America has not always loved BIPOC. Acknowledging the hurt many BIPOC feel and acknowledging that the same “privilege” that exists for some does not exist for BIPOC is just as important as listening.
            Third, decry bad behavior when you see it. It is not enough anymore to say, “I am not racist.” As a society, we must not tolerate racism; we must openly decry racism and bad behavior. We must call it out for what it is—no more excusing it.
            With regard to being a prosecutor, I would suggest simply looking around your offices to see if it reflects the makeup of your community. Do you have BIPOC in leadership positions? Do you recruit minority prosecutors when your office has an opening? Are you able to retain BIPOC prosecutors? If not, have the uncomfortable conversations about why BIPOC are not staying in the office.

Sade Mitchell
Assistant Criminal District Attorney in Bexar County
Acknowledge that there is a problem. Stop making excuses or comparisons to try to prove things are “not that bad.” Educate yourself about what the problem is and how you can be a part of the solution. Don’t ask or expect BIPOC to educate you.

John Creuzot
Criminal District Attorney in Dallas County
Speak out about the truth of the inequities in the criminal justice system. If elected to office, speak up as opposed to shut up. Take positions on substantive issues that can change the quality of justice in the community.

Jaustin M. Ohueri
Assistant District Attorney in Travis County
I would define an ally as a person who is actively and explicitly seeking change in the area of racial justice. For those who consider themselves allies, they need to:
            •          embrace self-reflection and recognize that addressing racism is not a one-time action. It is a journey that a person begins and continually pursues.
            •          encourage their organizations to have direct conversations about the impacts of racism. It is time to focus on more than the ideas of diversity and bias because there is an urgent need to address systemic racism, particularly as Black Americans are impacted. We have to get comfortable speaking in terms of anti-racism.
            •          make a commitment to learning more about systemic inequities and the root causes of those inequities.
            •          support efforts to increase racial diversity in leadership positions. Those who have power to make decisions and determine the actions of an organization do not currently reflect the racial makeup of this country. Allies can help champion efforts to address these problems, and individuals in leadership have to be allowed a space to speak unabashedly and unapologetically about issues related to race.
            •          determine ways that they can be held accountable to these goals for effecting change.
            Another good start is the American Bar Association’s 21-Day Racial Equity Habit-Building Challenge. The 21-Day challenge has been curated by attorneys for attorneys and features a variety of podcasts, articles, and readings. The web address is https://www.americanbar.org/groups/labor_law/membership/equal_opportunity/.

Kenisha Day
Assistant District Attorney in Harris County
Individual education on implicit bias; not ignoring the impact that race, gender, sexual orientation, socioeconomic status, and education have had on underrepresented communities; and keeping an open mind. Also, call out your colleagues, friends, and family who make off-color comments or perpetuate stereotypes.

Beverly Armstrong
First Assistant Criminal District Attorney in Polk County
Ultimately, when facing an issue of this magnitude, identifying friend or foe can be challenging. First and foremost, if you are an ally, let it be known. Don’t be afraid to speak up. Let others know that you support them, you stand with them, and you offer your assistance. The specific need will depend on the person and the situation.

Klarissa Diaz
Assistant Criminal District Attorney in Dallas County
Allies can begin to open a dialogue for tough conversations that are necessary to have, such as discussions concerning systematic racism, social injustice, and poverty. It is so important to gather together and share ideas with each other so that we can learn from one another, empathize, and grow together. Allies can listen to complaints and not be complicit in discriminatory behavior and actions. Allies can reach out to minority youth who may be considering a professional career and aid in mentorship. 

What can TDCAA—as an organization and as individual leaders within the organization—do to help encourage diversity, inclusion, recruitment, and retention within the prosecutor community in Texas?

Nicci Campbell
Assistant District Attorney in Harris County
TDCAA is currently taking the right step by doing this article and giving a spotlight to BIPOC district and county attorneys to lift our voices and share our stories. To work on diversity, inclusion, and recruitment, TDCAA can open up more opportunities for BIPOC high school, undergraduate, and law students. By interacting more with the next generation via events, internship opportunities, and scholarships, more BIPOC students will be exposed to and potentially interested in becoming district and county attorneys upon licensure.

Elissa Wev
Assistant Criminal District Attorney in Dallas County
Color-consciousness and cultural competency may be a much more appropriate framework than “color-blindness.” Are you intentionally recruiting from the pipelines that produce BIPOC attorneys? Does your leadership reflect the community you serve and the prosecutors, investigators, and support staff that serve it? Do you share the mic or yield your time to BIPOC?

Erleigh Wiley
Criminal District Attorney in Kaufman County
Need diversity in leadership. 

Jarvis Parsons
District Attorney in Brazos County
Two things: 1) Sit down and listen to your minority friends, associates, employer, and employees to say, “Hey, how are you doing? Tell me what it’s like to live life in your shoes.” And 2) Don’t just stay there, but go and read up on certain things, like bias, or how to be an anti-racist or on white fragility. You don’t have to agree with everything you see or read, but you have to know what is being said. Know history. There were people fighting for civil rights long before now and they will be fighting long after. Once you expose yourself to the history and the literature, that should spur you to become anti-racist.

Paul Love
Assistant Criminal District Attorney in Galveston County
From my experience, TDCAA does a great job already.

Idris Akinpelu
Assistant Criminal District Attorney in Dallas County
Help educate more people about the power we have in our profession to affect and seek justice. Also, we need paid internships at DA’s offices so that people don’t have to make a financial decision to try to experience what we do.

Ciara Parks
Assistant District Attorney in Travis County
I would love to see TDCAA do more diversity roundtables and events so that minorities can meet other minorities across the state and discuss issues that are affecting them.

Sade Mitchell
Assistant Criminal District Attorney in Bexar County
TDCAA can showcase and highlight BIPOC prosecutors more often. The actions have to be intentional. Be intentional in making more BIPOC trainers. Be intentional in having more articles written by BIPOC in The Texas Prosecutor journal. People are attracted to places where they feel seen, heard, and represented. By showing more BIPOC, you will be able to recruit and retain more in the prosecutor community.

Beverly Armstrong
First Assistant Criminal District Attorney in Polk County
There should be minority prosecutors speaking at events, presenting at conferences, and publishing in our journal. No one should question whether TDCAA values diversity, it should be apparent from looking at the organization’s activities. There should be diverse representation on every board and committee. You need the current minority prosecutors to stay and to encourage others like them to join our profession. However, to accomplish that, you must demonstrate that you value our input, you appreciate what we can bring to the table, and you welcome our participation. 

John Creuzot
Criminal District Attorney in Dallas County
Reach out to qualified graduates of law schools and encourage them to enter the public sector as prosecutors. In order to do that, be honest about the weaknesses, failings, and shortcomings—but also talk about the strengths of the criminal justice system. It’s not all broken.

Ty Stimpson
Assistant Criminal District Attorney in Tarrant County
Continue doing what you are doing. I think TDCAA has done a great job lately of providing spaces for BIPOC to have conversations. I also think TDCAA has done well actively reaching out to local DA’s offices and not only initiating the diversity conversation, but also—more importantly—serving as a continued resource to local offices as they navigate diversity, inclusion, recruitment, and retention within the Texas prosecutor community.

LaQuita Long
Assistant Criminal District Attorney in Dallas County
I believe that holding more forums to discuss these and other topics that BIPOC prosecutors face would be beneficial.

Jaustin M. Ohueri
Assistant District Attorney in Travis County
TDCAA can support the recruitment BIPOC by reaching out to organizations that cater to BIPOC. Across the state, there exist organizations on law school campuses that foster legal talent of persons of color such as Black Law Students Association, Hispanic Law Students Association, Asian Law Students Association, etc.
            In terms of retention, the broader goal can be ensuring that BIPOC are not placed in a position where they have to question whether they are on the wrong side of racial justice. For example, TDCAA can provide critical data about sentence disparities, length of pre-trial detention stays, and disparities in traffic stops. By placing an emphasis on collecting and communicating this data in an open and obvious way, TDCAA would communicate to its members that racial justice is an important issue that is on the forefront of TDCAA’s agenda.
            Though one cannot mention racial injustice in this country without mentioning the criminal justice system, the reality is that in my eight years as a prosecutor, I do not believe I have ever had an in-depth course, evaluation, or examination of the issue of race and the criminal justice system. In this country, entire movements have been created in the pursuit of racial justice, yet the field of prosecution as a whole does a poor job of training and teaching concepts, tools, and discourse surrounding racist and anti-racist behavior.

Jessica V. Huynh
Assistant District Attorney in Travis County
There are several things TDCAA can do to help encourage diversity and inclusion with regard to prosecutor offices. TDCAA needs to invest time and resources in educating prosecutors on issues of race and discrimination. TDCAA can hire activists, speakers, and professionals to look at the TDCAA annual curriculum, reading materials, and seminars to see if the training material could be reworked to incorporate themes of inclusion and sensitivity.
            TDCAA can also encourage more minority law students to pursue a career in prosecution by sending minority prosecutors into law schools across Texas to speak or attend career symposiums without cost to the prosecutor who is sent as a representative.
            Finally, TDCAA can connect prosecutors across the state. At the Travis County District Attorney’s Office, we are having voluntary weekly sessions to discuss current issues, race, inclusion, and equity. If we had a safe place to do that with other prosecutors from other jurisdictions, we could start to understand issues others face and help come up with effective strategies and solutions.
            I’m extremely hopeful, and I am ready for TDCAA to think creatively on such important issues.

Alexandra Guio
Assistant Criminal District Attorney in Dallas County
I would like to see an event (virtual) that invites BIPOC prosecutors from across Texas where we could share stories and encouraging words with each other. I think this could build a sense of camaraderie and also create the possibility of mentorship that some prosecutors may not have in their offices.

Denise D. Hernandez
Assistant District Attorney in Travis County
TDCAA can encourage diversity, equity, and inclusion by investing in data collection on how cases are handled in each county and collect data on representation in each office. This type of data collection can help highlight racial disparities and most importantly create space for solutions. Additionally, TDCAA can ensure diversity, equity, and inclusion by collaborating with non-profits committed to these efforts. It takes a village to create change, and that starts with community collaboration.

Janie Korah
Assistant Criminal District Attorney in Galveston County
Give more voices to prosecutors of color to speak about their personal experiences, whether it be personal experiences with unfair treatment or addressing how they feel in the office environment. It’s important to help colleagues feel heard and included in the conversations. Also, when concerns are brought forward, address them earnestly. The more we listen, the more we learn.

Kenisha Day
Assistant District Attorney in Harris County
TDCAA as an organization can do three things:
            1)         provide encouragement to its prosecutors of diverse backgrounds by committing to diversifying training speakers and ensuring that speakers diversify the photos used in training materials. Beyond trainings and training materials, TDCAA leaders can help encourage Texas counties to create safe spaces for these prosecutors to process large scale issues.
            2)         Leaders can commit to educating law students and prospective law students on the role of the prosecutor by collaborating with law school affinity groups such as APALSA, BLSA, HIPALSA, and LGBTQ student groups such as OutLaw or Lavender Law.
            3)         Creating small spaces for all prosecutors to have a forum on racism, LGBTQ issues, and gender biases by discussing implicit bias and the impact our own biases have in how we prosecute cases.

Klarissa Diaz
Assistant Criminal District Attorney in Dallas County
TDCAA can encourage and facilitate more events such as symposiums, workshops, outreach programs, and CLEs centered on minority affairs and current events impacting the BIPOC community. TDCAA can also sponsor a mentorship program targeted at minority law students who would like to pursue a career in prosecution. As a Latina professional and first-generation attorney, I can say that a program such as this would have been a great opportunity to learn the intricacies of being a prosecutor while also encouraging mentorship.

Chandler Raine
Assistant District Attorney in Harris County
Over the last few years, TDCAA has focused its attention on implicit and explicit bias training. Continuing to teach on and discuss the topic is such an important step in the long road to racial injustice and inequality being a part of our history and no longer a part of our present.