The Untapped Potential of Part-time, Evening Division J.D. Candidates

This essay is the Third Place Winner of the annual Hon. Constance Baker Motley Diversity, Equity, and Inclusion Young Member Essay Writing Competition. This competition was created to promote the legacy of Chief Judge Baker Motley by encouraging law students and younger federal practitioners to promote and sustain diversity, equity, and inclusion in the profession.

By Kevin Hurtado

Fulfilling the promise of a federal practice that reflects the diversity of our nation is impossible without first taking seriously the untapped potential of Part-time, Evening Division J.D. Candidates. In the wake of Students for Fair Admissions, Inc., these law students and the opportunities afforded to them hold the keys to a federal practice that truly transcends race, class, gender, parenthood, immigration status, and sexual orientation, among other things. Those in power in the legal community need only allow these students to turn the lock; they can do so in two ways.

First, rigorously assess the quality of already existing part-time, evening division law programs and advocate for the establishment of more. There are only 80 ABA-approved part-time programs across the country, compared to the 197 approved full-time programs. Of those 80, Georgetown University Law Center, Fordham University School of Law, George Washington University Law School, and Brooklyn Law School, are notable. Georgetown Law is where Tiffany Wright acquired a legal education while working full time. Tiffany went on to clerk for U.S. Supreme Court Justice Sonia Sotomayor. In the same vein, Sparkle L. Sooknanan acquired her legal education at Brooklyn Law School while working full-time. She, too, went on to clerk for U.S. Supreme Court Justice Sonia Sotomayor. In February 2024, Sooknanan was nominated to serve as District Judge on the U.S. District Court for the District of Columbia.

Second, open avenues for part-time, evening division students to gain meaningful externship and clinical experience. Externships and clinics are not only resume builders, they crystallize the legal paths students choose to take and enrichen students’ legal networks. For students working full-time, the latter two are all the more important. However, externships and clinics tend to have rigid requirements, lacking flexibility, and are often out of reach for part-time, evening division students. The result? Many part-time, evening students may graduate with a J.D. degree, stellar grades, and undersized legal experience.

Students for Fair Admissions, Inc., held that race-conscious admissions violate the Equal Protection Clause of the 14th Amendment. No doubt that decision will likely reverberate beyond the halls of higher education institutions. Against this backdrop, part-time, evening division students and programs offer a perfectly legal solution to widespread concern. Cohorts of part-time, evening division students and programs are inherently diverse. Few ever choose to work-full time while studying law part-time, absent necessity. This necessity is connected to diversity of race, class, gender, parenthood, immigration status, and sexual orientation. That’s why more resources should be devoted to feeding the potential of these students and programs. That’s why the federal bar will fail to meet its mandate, until it does.

Kevin Hurtado is a rising 3L (Evening Division) at Fordham University School of Law. He currently works full-time as the Director of Development at Voting Rights Lab, a nonpartisan nonprofit paving the way for accessible, secure, and trusted elections in states across the country. At Fordham Law, Kevin is part of the Stein Scholars in Public Interest Law and Ethics Program; a staff member for the Fordham Urban Law Journal; and Executive Commentaries Editor for Fordham’s Voting Rights and Democracy Forum (Volume III). A New Jersey native, Kevin graduated with a B.A. in International Studies from Ramapo College of New Jersey.