California Lawyers Association

Happy Black History Month Everyone

February 2025

By Terrance J. Evans
CLA Chair

As the first Person of Color and the first Black Chair of California Lawyers Association (CLA), I am keenly aware of the sacrifices of those who paved the way for my ascension to this office. I would not be where I am today but for those champions of justice and civil rights who came before me and fought to make the legal profession more diverse, equitable, and inclusive. This is especially salient in light of the recent attacks on diversity, equity, and inclusion. We must not fear diversity, equity or inclusion, and we must not hide Black History. Black History is American History. It is my history.

For many Black people, including myself, the fight for racial justice is personal. Notwithstanding my Ivy League pedigree or my success as a partner at one of the largest law firms in the United States, I have been subjected to racial profiling and overaggressive policing on several occasions.   

During my first year of law school, I was in a coffee shop in Los Angeles, sitting at a table with my laptop and law school books, minding my own business while studying for a criminal law exam. While sitting there, I was approached by four police officers who told me that I fit the description of someone who had robbed a store.  Before I knew it, I was surrounded by 12 police officers, and four of them had their guns drawn and pointed directly at my head.  

I tried to explain to the officers that I was just a law student studying for a law school exam. I did not have a criminal record, and I had not robbed any store. Nevertheless, the police officers remained unconvinced. One of the police officers grabbed my computer bag and dumped the contents all over the floor of the coffee shop. Four of the police officers still had their guns pointed directly at my head with their fingers on the trigger. I was afraid to move. I was afraid to breathe. I knew that if I made any sudden movements I would be dead.

I asked the officers if I could show them my law school ID to prove to them that I was a law student because obviously my law school text books and laptop were not enough. My law school ID was in my wallet located in my right front pocket. I was afraid to reach for my wallet because I was concerned that the officers might shoot me thinking that I was reaching for a weapon. So, I calmly asked the officers to lower their guns—which were still aimed at my head—and please allow me take out my wallet from my right front pocket to show them my law school ID. To make a long story short, after being detained for what seemed like an eternity, the officers concluded that I was not their suspect, and they walked out of the coffee shop without apologizing. I narrowly escaped that encounter with the police with my life.  

Even after becoming a partner at an AM LAW 100 law firm, I have been subjected to racial profiling on numerous occasions. I specifically recall arriving at the Sonoma County Superior Court to argue a dispositive motion in a multi-million dollar case. I was well dressed in a nice suit. As I made my way through security, one of the sheriff’s deputies asked me what I was doing there. I politely responded that, “I am an attorney here to argue a motion.”

The sheriff’s deputy said that he did not believe that I was an attorney, and he thought I was there to “cause trouble.” I was in shock. I explained to the sheriff’s deputy that I had my state bar card, law firm business cards, and my identity could easily be verified by looking me up on Google or my law firm’s website. Additionally, my name appeared on the pleadings of the dispositive motion that I was there to argue. Everything that I said fell on deaf ears. The sheriff’s deputy detained me without probable cause for an extended period of time causing me to miss my oral argument. On the bright side, the judge adopted the tentative ruling in my client’s favor in my absence. I later explained my unlawful detention to the judge who expressed outrage at the sheriff’s deputy’s actions.   

In addition to the examples above, I have been stopped by the police numerous times simply because I am a Black man driving a nice car, and the police have had a difficult time believing that I am the legal owner. I have encountered numerous opposing counsel who had a difficult time accepting that I am the lead attorney on a particular matter (or an attorney at all). I have lost count of how many times I’ve been asked, “Are you a REAL lawyer?” “Did you go to law school?” “Did you pass the bar exam?” I doubt that my White colleagues face similar questions.

I have been refused service at restaurants and department stores because I am Black, and the store employees or owners do not believe that I can afford what they are selling. Being a successful attorney at a global law firm has not insulated me from racism or discrimination. Anti-Black racism is alive and well in 2025. Sadly, it does not matter how well educated you are, how well dressed you are, how much money you make, how much success you achieve, you will still be racially profiled and discriminated against in the United States if you have Black skin like mine.

To better understand racism as it currently exists in California and across the United States in 2025, it is important to reflect on how we got here.  California was founded on racism rooted in White supremacy. Between 1850 and 1947, California enacted numerous Jim Crow laws that were enforced until at least 1964, when the Civil Rights Act was passed, and in some instances, well into the 1970’s. These racist California Jim Crow laws discriminated in the following ways:  

  1. Barred non-whites from testifying in any case where a white person was a party;
  2. Barred non-whites from serving on a jury;
  3. Barred non-whites from voting;
  4. Barred non-whites from holding elective office;
  5. Barred non-whites from serving as judges;
  6. Barred non-white attorneys from questioning white witnesses;
  7. Barred non-whites from public schools;
  8. Barred non-whites from buying/renting property;
  9. Barred non-whites from being buried in certain cemeteries;
  10. Barred non-whites from restaurants, hotels, theaters, pools, and beaches;
  11. Denied non-whites admission to bar associations;
  12. Barred non-whites from public transportation;
  13. Barred non-whites from hospitals;
  14. Denied non-whites equal pay for equal work; and
  15. Prohibited whites from marrying non-whites (Miscegenation)

In addition to the racist California Jim Crow laws listed above, here are examples of two California Supreme Court cases that reinforced the White supremacy upon which California was established. 

People v. Hall (1854) 4 Cal. 399

The case involved a White man who had been convicted of murdering a Chinese man in California in the presence of multiple Chinese witnesses. The issue was whether or not the Chinese witnesses were competent to give testimony against the White man based on the color of their skin.

At issue was Section 394 of the California Civil Practice Act, which provided: “No Indian or Negro shall be allowed to testify as a witness in any action in which a White person is a party.” 

The California Supreme Court concluded that in using the words, “No Black, or Mulatto person, or Indian shall be allowed to give evidence for or against a White person,” the Legislature, if any intention can be ascribed to it, adopted the most comprehensive terms to embrace every known class or shade of color, as the apparent design was to protect the White person from the influence of all testimony other than that of persons of the same caste. The use of these terms must, by every sound rule of construction, exclude every one who is not of white blood.

The California Supreme Court held that the words, Indian, Negro, Black and White, are generic terms, designating race. That, therefore, Chinese and all other people not white, are included in the prohibition from being witnesses against Whites.

People v. Elyea (1859) 14 Cal. 144

This was a criminal case whereby a White criminal defendant was appealing a First Degree Murder conviction. The issue was whether a Turkish witness for the prosecution was competent to testify against the White criminal defendant under Section 394 of the California Civil Practice Act, which provided: “No Indian or Negro shall be allowed to testify as a witness in any action in which a White person is a party.”  

The appellant argued that the Turkish witness had brown skin, and was thus not competent to testify against him. Ultimately, the California Supreme Court concluded that if a witness has dark skin but Caucasian features, they are competent to testify in an action where a White person is a party.

These are just some of the many examples of the White supremacy and Jim Crow racism upon which California was built.  Notwithstanding California’s racist past and present, I am optimistic about the future, in spite of the recent attacks on DEI and Black History. 

I would now like to highlight a few historical figures who paved the way for me and others to practice law in California.  

  • The first female lawyer to practice law in California was Clara S. Foltz in 1878.  Ms. Foltz successfully lobbied to change California Code Provision 275, which limited the practice of law to “any White mate citizen” over the age of 21 in good moral standing, to include “any person” of any race or gender.
  • Robert Charles O’Hara Benjamin became the first Black lawyer in California in 1884.
  • Annie Virginia Stephens Coker was the first Black woman to pass the California Bar Exam, when she passed the exam in 1939.
  • Judge Edwin L. Jefferson was the first African American Judge in California (and west of the Mississippi River), when he was appointed to the LA Municipal Court in 1941.
  • Vaino Spencer was the first female Back Judge in California when she was appointed to the LA Municipal Court in 1961.
  • Wiley William Manuel was the first Black person appointed as a justice to the California Supreme Court.

I salute these champions of justice!  

I am the co-founder and one of the co-chairs of California Lawyers Association’s Racial Justice Committee (the “RJC”) along with Adrieannette Ciccone, Leif Dautch, Marjaneh Maroufi, and Ellen Miller. The RJC was actually born in the Litigation Section before becoming a CLA-wide committee.  

In partnership with the Litigation Section and Criminal Law Section, the RJC has sponsored, co-sponsored and/or participated in more than 200 racial justice, diversity, and civil rights programs throughout the United States in partnership with more than 65 organizations. The video recordings of many of these programs are available on the CLA website.  I encourage you to check them out. Additionally, the RJC has partnered with affinity bar associations throughout California and across the United States to promote racial justice, civil rights, diversity, and inclusion in the legal profession.

As we move forward, I intend to strengthen CLA’s outreach to affinity bar associations, women lawyers, Black lawyers, Hispanic/Latinx lawyers, Asian lawyers, Native American lawyers, other lawyers of color, LGBTQ lawyers, and lawyers with disabilities.  Together, we are stronger and more effective advocates and/or representatives for our clients and the communities that we serve. I also intend to strengthen our outreach to members of the judiciary and the legislature.

Please join me in my lifelong journey to pursue racial justice, civil rights, women’s rights, LGBTQ rights, disability rights, diversity, equity, and inclusion. We are stronger together.  Have a wonderful Black History Month!

Sincerely,

Terrance J. Evans
Chair, California Lawyers Association


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