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 important to successful management of clients and successful results in a trial.”845 Aside from the crucial role that race, ethnicity, gender, and age play in fostering
trusting attorney-client relationships, there are other benefits of building a diverse workforce. Witnesses described the improved group performance that can result from bringing more diverse perspectives to the table, helping an office develop a more mature culture and operations.846 As one defender said, “it is clearly under- stood in my district that a diverse a ‘win-win’ solution for all.”847
Diversifying CJA panels similarly “broadens the perspective that lawyers bring to their advocate’s role.”848 Defense representation is more effective when performed by “individuals from diverse backgrounds with sharp minds, powerful life experi- ences, and innovative ideas,” a panel attorney told the Committee.849 He explained, “Those ideas and perspective serve to enrich...criminal defense, where understand- ing of subtle nuances and having a willingness to explore non-traditional remedies and innovative approaches to the presentment of evidence” can positively influence outcomes and sentencing.850
8.2 Current Composition of Those Working Under the CJA
Although most federal defendants are young men of color, 851 the attorneys who represent them under the CJA tend to be older, white, and male. This Committee’s information on the demographic make-up of these lawyers is based upon data collected by the judiciary as well as the Committee’s surveys of panel attorneys
845 DorisRandle-Holt,FPD,W.D.Tenn.,PublicHearing—Birmingham,Ala.,Panel6,Writ.Test.,at2.
846 KevinButler,FPD,N.D.Ala.,PublicHearing—Birmingham,Ala.,Panel2,Tr.,at37.Seealso Marie-Élène Roberge & Rolf van Dick, Recognizing the Benefits of Diversity: When and How Does Diversity Improve Group Performance? 20 Hum. Resource Mgmt. Rev. 295 (2010). By breaking up workplace homogeneity, you can allow your employees to become more aware of their own potential biases—entrenched ways of thinking that can otherwise blind them to key information and even lead them to make errors in decision-making processes. See David Rock & Heidi Grant, Why Diverse Teams Are Smarter, Harv. Bus. Rev. (2016),
847 DorisRandle-Holt,FPD,W.D.Tenn.,PublicHearing—Birmingham,Ala.,Panel6,Writ.Test.,at2.
848 PatrickM.Livingston,CJADist.Rep.,W.D.Pa.,PublicHearing—Philadelphia,Pa.,Panel9, Writ. Test., at 2.
849 AnthonyRicco,CJADist.Rep.,E.D.N.Y.,PublicHearing—Philadelphia,Pa.,Panel9,Writ.Test.,at8. 850 Id.
851 Infiscalyear2016,forexample,86.2percentofdefendantsweremen;ofalldefendants53.3 percent were Hispanic, 20.4 percent were African American, and 22.3 percent were white. Note that Hispanics are over-represented in part because they make up 96 percent of the immigration cases. African American women are slightly disproportionately represented in the federal criminal justice system, constituting 13.8 percent of female defendants as compared to 13.3 percent of the total female population in the United States. The median age of federal defendants in 2016 was 35 years old, with one-third of defendants below 30 years old. U.S. Sentencing Commission, 2016 Datafile, USSCFY16, available at and-sourcebooks/2016/stats_Nat.pdf.
No recommendation presented herein represents
the policy of the Judicial Conference of the United 2 0 1 7 R E P O R T O F T H E A D H O C C O M M I T T E E T O R E V I E W T H E C R I M I N A L J U S T I C E A C T 179
 States unless approved by the Conference itself.

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