Lawyer, advocate, judge reflect on diversity as Lee's only Black judge leaves office

Judge Archie Hayward Jr., Lee County's only Black judge, leaves office at the end of this month.

Judge Hayward, who served since 2008, said diversity is everyone's responsibility.

Reached by phone, Hayward, the third Black county judge following the late Judge Isaac Anderson and Judge James R. Adams, said diversity in the judicial system is important and it's everyone's responsibility.

“It's an elected position and the position is there so that people can be represented,” said Hayward. “Everyone in the 20th Judicial Circuit should be represented by whomever is elected. When there’s a lack of diversity the representation for those people who are in the electorate are not represented.

"Everyone in the system has to be aware of the need for diversity. The system works as a whole. It can’t be laid at the feet of the judges. The judges are there to apply the law. A lot of cases are resolved with plea agreements. The judge can accept it or deny it. Whatever comes before the court is brought by the parties.”

Hayward said everyone plays a role in tackling a lack of diversity.

“It's a matter of people being involved and being aware,” said Hayward. “If people see that there's a lack of representation and they don't get involved then there’s going to be a lack of diversity.”

Hayward was born and raised in Fort Myers and graduated from North Fort Myers High School in 1976. Hayward earned his Associates of Arts degree in liberal arts from Edison Community College in 1978 and his Bachelor of Arts in political science from the University of Florida in 1980. He was awarded his Juris Doctorate in law from the University of Florida School of Law 1983,

A few years later, Hayward got out of town to follow a passion he developed during his schooling: He lived in Munich for two years to study German between 1989 and 1991. He graduated from the University of Munich Language school in 1991.

Before winning his 2010 race, Hayward was named to the bench by Gov. Charlie Crist in 2008 to fill the spot of now-retired Judge John W. Dommerich who was appointed to circuit court.

Hayward’s last day is December 31. Lindsay Scott Garza defeated him in the Lee County judge race earlier this year. It was state attorney’s office prosecutor Garza’s first race, and she won with 64.5% of the votes, 76,671 total, while Hayward received 35.5%, 42,179 total.

Eugene Pettis, the former head of The Florida Bar, said in a phone interview there was a time when there weren’t any people of color on the bench or any position of power within any judicial system.

“I think diversity is extremely important in the judiciary, because of the fact that it's really the People's Court,” said Pettis, partner of Haliczer, Pettis & Schwamm located in Fort Lauderdale. “And while you don't get an opportunity to select which judge you want, it gives people comfort that there's a judge in the courthouse that looks like you. And that's human natural instinct. It’s also very important that women are on the bench.”

Pettis said diversity and education are both key when tackling a lack of diversity.

“In addition, just because someone gets on the bench doesn't mean they’re oriented to what's necessary to be a good judge,” he said. “One of the things that happens is they learn from each other. You can't learn certain sensitivities if you've never walked that path. When you have African Americans, Hispanics or others on the bench there's dialogue and discussions that give certain sensitivities and insight that helps judges with their perspective. This country is still way out of sync when it comes to equality of sentencing.”

Pettis, who has practiced law for 37 years, said there are disparities in the sentencing process.

“People of color get a lot more time for the exact same crime as some of their white counterparts,” he said. “Is it that judges are prejudiced? I think not. I think they're insensitive to that fact. People of color on the bench can have those conversations as they're having lunch with each other and talking to each other. They can bring perspectives that a lot of people on the bench have never had exposure to.”

On December 2 elected officials, judicial staff, family and friends gathered at the Lee County Courthouse to celebrate Hayward.

During the farewell party, Fort Myers Mayor Kevin Anderson designated the day Judge Archie Hayward Jr., day.

“One of the most rewarding things to do as mayor is to recognize people in the community who do an outstanding job of serving our communities,” said Anderson. “It is an honor, a privilege and a pleasure for me to present you with this proclamation.”

About 75 family, friends and judicial staff and dignitaries gathered to celebrate the impact Hayward has had on the community.

“I'm so glad to be here today, to look out and see all the beauty that we have in our county,” said Hayward. “I’m so happy, proud and honored to be a judge in Lee County, in the 20th Judicial Circuit. People respect you for the office that you're in. I've always been grateful for that, no matter where I went. I'm proud to serve this county for fourteen years as a judge.”

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Community volunteer Chantel Rhodes during a phone interview said, without diversity how can we ensure fairness.

“Judge Archie Hayward was our only Black judge and represented a system with such an overwhelming number of minorities,” said Rhodes. “When you look at who is making decisions in that particular system, none of them represent the majority of people within that system. So we have to be conscious with our vote. We need to focus on who can fill the lack of diversity void."

Erica Van Buren is the underserved communities reporter for The News-Press and Naples Daily News, part of the USA TODAY Network. Connect with her at EVanBuren@gannett.com or on Twitter: @EricaVanBuren32

This article originally appeared on Fort Myers News-Press: Judge Archie Hayward Jr., Lee's only black judge, finishes term Dec. 31