<p>They call it justice. But there was no justification for how Jon R. Gray was prevented from becoming the first African-American presiding judge of the Jackson County Circuit Court. The Kansas City branch of the National Association for the Advancement of Colored People justifiably voiced its concerns about the way Gray was kept from moving to the top seat on the court. In a prepared statement, the NAACP wrote, “We are extremely concerned about this abrupt and unannounced change in the selection process as Judge Gray is the most qualified to serve as the next presiding judge.” Presiding judges usually are picked in an informal manner that yields one nominee. Gray is second in tenure on the court behind Judge Edith Messina, who has served as Jackson County’s first woman presiding judge. Gray was appointed in 1986 and re-elected in 1988, 1994 and 2000. Yet Gray’s tenure, including family court service, carried no weight. The NAACP charged that the normal practice “changed to selection by a secret ballot, which has not been done in many years.” Gray was nominated with Judge Peggy Stevens McGraw. In a closed ballot, the judges voted 16-10 for McGraw. Her two-year term as presiding judge starts Jan. 1, 2007. Current Presiding Circuit Judge J.D. Williamson said in a prepared statement that the selection process in December followed the procedures established by law. He disputed the NAACP’s charges and said tenure plays only a small role in who’s picked. McGraw was appointed associate circuit judge in 1995 and circuit judge in 2001. But this is what’s troubling: The action by the court is an example of the justice that African-Americans too often get on both sides of the bench. The presiding judge decision raises serious questions about the system’s fairness. The court action gives the appearance of the rules conveniently changing when it looked like the only African-American circuit judge would preside. Such occurrences always look like racism’s markers. Too often when people of color learn the rules and play by them to advance, the rules change, leaving minorities locked out. It is a classic American story of disparate treatment because of skin color. It is as wrong today as it has ever been. The court action is particularly onerous after the Kansas City Metropolitan Bar Association justifiably celebrated the 50th anniversary of its integration. In 1955 the all-white organization admitted African-Americans Harold L. Holliday Sr., Lewis Clymer and Carl R. Johnson, who had been elected Kansas City’s first black municipal court judge. Clymer eventually became the first black judge on the Jackson County Circuit Court. But legal backsliding seems to rule now. A University of Dayton law school professor in an annual report found that the University of Missouri-Kansas City and the University of Missouri-Columbia in 2005 were among the whitest law schools in the nation. That’s a retreat from 2004. It’s not good because the schools help provide lawyers for this area’s legal system. The lack of inclusiveness makes the justice system look suspiciously tilted against African-Americans. Gray should be presiding judge. His community work and actions to extend the justice system beyond the courts are unparalleled. I’ve watched him speak to inmates at the Moberly Correctional Center and the Crossroads Correctional Center in Cameron. Gray always listens to the men — even those he had sentenced to prison. He maintains an open mind and treats the men as human beings. Gray addresses them with respect and leaves them feeling good about themselves, their future and judges. I know of the help he has given to struggling law students and how he played a key role in bringing an exhibit here on black lawyers. Gray continues to help make the courts fair and just where neither are assured — especially for African-Americans. That’s why racial and ethnic diversity at all levels of law enforcement and the criminal justice system is so critically important. That’s also why the Jackson County Circuit Court’s judgment was flawed in bypassing Gray. The bad decision needs to be overturned. If only there were an appeals process to make it so.</p>