Last year, employment data revealed that Asian Americans were not appointed to judge benches.

• Federal labor data reveals that less than 0.1% of judges and similar workers are Asian Americans.
• The increase in hate crimes is a troubling statistic that highlights obstacles to progress in the legal profession.

Despite a surge in hate crimes during the pandemic, the number of Asian American judges remained negligible last year.

Despite comprising nearly 7% of the American workforce, Asian Americans made up less than 0.1% of all judges, magistrates, and similar judicial workers in 2023, according to federal labor data. This underrepresentation is not only drastic but also shows that the community is not making up ground like other minority populations.

The rise in anti-Asian hate crimes is particularly harrowing, advocates say, as it connects to a long-documented problem of those who have historically held power mentoring others who look like them. This creates a cycle that perpetuates exclusion and hinders advancement for Asians and other minorities.

"Despite gaining a presence in all areas of the legal profession, Asian Americans face challenges in attaining top leadership roles, according to Goodwin Liu, a justice on California's Supreme Court and author of a comprehensive study on the community's representation in the field."

Despite being one of the most well-known American judges after presiding over the O.J. Simpson murder trial, Lance Ito, who retired in 2015, is the only Asian American judge to have never been appointed to the U.S. Supreme Court.

The Biden administration has received concerns about the lack of representation, as a Washington Post analysis revealed that Biden has appointed the most non-white judges of any president, with approximately 14% being Asian.

Despite the annual data's variability due to appointments and elections, Asians are the only minority group that hasn't made progress in the profession during the last decade.

In 2013, the community accounted for 0.1% of judges, and this number decreased to less than that 10 years later. In contrast, Black representation increased from 7.8% to 26.2%, while the percentage of Hispanic judges rose from 6.3% to 11.2%. Over the same period, the proportion of white judges fell from 85.8% to 72.3%.

While the federal government and American Bar Association provide statistics indicating better inclusion in the broader legal field, Asians remain underrepresented among lawyers at 4.4%, according to government data.

Over the past decade, the share of Asian judges has fluctuated, with the proportion sometimes exceeding 6%.

A 'small megaphone'

A key challenge for Asian Americans in the legal field is advancement, which can hinder their progress to the highest positions. According to data from the National Association for Law Placement, although people of color made up over 28% of firm associates in 2022, the percentage of minority partners was under 12%.

The increase in the number of Asian matriculants in law school over the past decade provides hope for the pipeline to the broader legal profession, as per the Law School Admissions Council.

The proportion of Asian matriculants in 2023 was higher than the overall working population, which can help the community address the gap left by historical underrepresentation.

This is a crucial moment for supporters of Asians in the field, as hate crimes against Asians in the U.S. increased during the pandemic and remain high, despite a slight decrease between 2021 and 2022, according to the most recent data available.

Liu highlighted prosecutor seats as a key area for enhancing representation due to their responsibility in handling hate crimes. Additionally, he underscored the importance of sustained attention to the increase in hate crimes and the underrepresentation of judges, despite it being a less frequently discussed issue.

"Prosecutors have a very small voice when it comes to Asian Americans, and this is just the beginning of the underrepresentation issues."