Federal Judiciary Fails at Policing Worker Misconduct, Reforms Needed: Report
The federal judiciary failed to protect staff from workplace sexual assault, harassment, and misconduct and is failing to properly analyze and collect data on such cases. And in turn, it’s putting 30,000 employees at risk.
That’s the takeaway of a new report that reviewed how the federal judiciary handles workplace misconduct complaints.
The report from the Federal Judicial Center (FJC) and National Academy of Public Administration (NAPA) was ordered by Congress under the Consolidated Appropriations Act of 2023.
It was pushed for by Representative Norma Torres (D-CA) after the judiciary appeared to stonewall the Government Accountability Office (GAO) in a separate investigation into workplace harassment.
Rep. Torres called the subsequent findings “startling.”
“It is disheartening to hear about incidents of sexual assault and harassment involving judicial employees who lack trustworthy and safe avenues to report and navigate these horrifying and traumatic encounters,” said Rep. Torres. “The federal Judiciary must urgently establish robust systems to handle sexual harassment claims, because clearly its longstanding reliance on the good character and conduct of individuals alone has been grossly insufficient."
Reporting Concerns
The report noted a number of failures.
It found that many judges are reluctant to “sit in judgment” or report on the behavior of their colleagues. Law clerks are reluctant to report abuses of power because they’re worried about their career, with the report highlighting the “unique nature of and power imbalance inherent in the judge-law clerk relationship.”
The report also found inconsistencies in the way federal courts handle misconduct complaints, and a failure to collect and analyze data on such cases. It also found that a quarter of court websites did not have the required information on how they address employment disputes.
Plus, the authors noted there’s no national requirement for judicial employees to attend training on workplace issues.
And employees who want to hire a lawyer must pay for out of their own pocket and navigate a “byzantine” system to do so.
In a statement, the Administrative Office of U.S. Courts said, “We appreciate the thoughtful and thorough work of NAPA and the FJC and are gratified that the researchers identified recent changes that have had a positive impact for Judiciary employees.”
Recommendations
The 200-page report made 34 recommendations.
Among them: creating advisory groups and holding exit interviews for law clerks. It also suggested targeted educational programming to address the reluctance of judges to report on their colleagues and the possible publishing of decisions in misconduct cases.
The report also suggested allowing judiciary employees to sue for monetary damages, which is currently not allowed.
“Oversight and transparency are hugely important in strengthening workplace safety and this report gives the judiciary a roadmap to put both into practice," said NAPA President and CEO Terry Gerton.
Alaska Judge Resigns
The report comes a week after U.S. District Judge Joshua Kindred resigned amid sexual misconduct claims. An investigation found Kindred, an appointee in the District of Alaska, created a hostile work environment by “encouraging his clerks to rate people based on sexual desirability.”
The former judge also had an inappropriate sexual relationship with one clerk.
“Sweeping reform and real accountability are urgently necessary,” Legal Accountability Project (LAP) President Aliza Shatzman said in reaction to the near-concurrent release of the FJC/NAPA report with news about Judge Kindred. LAP has strongly advocated for the federal judiciary to implement sweeping workplace reform.