Federal Judiciary Unveils First Reforms From Harassment Working Group
“Any harassment in the judiciary is too much,” James Duff, director of the Administrative Office of the U.S. Courts, told the Judicial Conference in an interim report on Tuesday.
March 13, 2018 at 03:34 PM
5 minute read
A working group has come up with nearly 20 reforms aimed at dealing with concerns about workplace harassment throughout the federal judicial system.
James Duff, director of the Administrative Office of the U.S. Courts, told the Judicial Conference in an interim report on Tuesday, “Any harassment in the judiciary is too much.” The 26-member conference, composed of federal judges from across the country, convened at the U.S. Supreme Court for its regular spring meeting
Chief Justice John Roberts Jr., who presides over the conference, said, “I have great confidence in the men and women who comprise the federal judiciary. I am sure that the overwhelming number have no tolerance for harassment and share the view that victims must have a clear and immediate recourse to effective remedies. The work of this group will help our branch take the necessary steps to ensure an exemplary workplace for every court employee.”
The working group was created in the aftermath of the scandal late last year involving Judge Alex Kozinski of the U.S. Court of Appeals for the Ninth Circuit. Media reports and personal narratives of former law clerks and others revealed numerous incidents of inappropriate and harassing behavior by Kozinski. They also spotlighted the difficulty of making complaints about his behavior because of the longstanding tradition, which Kozinski exploited, of complete confidentiality in the relationship between judges and their clerks.
Kozinski retired Dec.18, a move that ended an internal investigation of his conduct. In December, Roberts asked Duff to create the working group to grapple with the issue of harassment throughout the judiciary.
Goodwin Procter associate Jaime Santos, a former Ninth Circuit clerk and a leader of the push toward improving workplace conditions, said Tuesday in a statement:
“I'm pleased to see how seriously the judiciary is taking this issue and that it is considering a wide range of policy and process changes to address sexual harassment. I, along with Kendall Turner and a current law clerk, met with the working group about 10 days ago and provided numerous detailed recommendations, many of which I am happy to see on the initial list circulated by the judiciary today. We look forward to continuing to work with the working group as they gather information. weigh options, and develop an implementation plan. I hope that the working group affords sufficient time to the process to ensure that it understands the full scope of the issue and the barriers to reporting that must be overcome for any changes to be effective. I also encourage the working group to continue this type of transparency as it completes its important work.”
Duff said the working group has held two meetings since its creation in January, and will meet again in early April. The group invited former and current clerks to its most recent meeting, and established a mailbox on uscourts.gov to receive comments from current and former judiciary employees. A full report from the group is expected in May 2018.
Among the changes that are already underway or being developed:
- A session on sexual harassment during the ethics training for newly appointed judges in February.
- In-person programs on judiciary workforce policies and procedures and workplace sexual harassment were added to the curricula at Federal Judicial Center programs for chief district and chief bankruptcy judges.
- Improvement of law clerk and employee orientations. with increased training on workplace conduct rights, responsibilities and recourse.
- Examining and clarifying the Codes of Conduct for judges and employees.
- Reviewing the confidentiality provisions in several employee/law clerk handbooks to clarify that nothing in the provisions prevents the filing of a complaint.
- Clarifying the data that the judiciary collects about judicial misconduct complaints to add a category for any complaints filed relating to sexual misconduct. According to the administrative office, of the 1,303 misconduct complaints filed in fiscal year 2016, more than 1,200 were filed by dissatisfied litigants and prison inmates. No complaints were filed by law clerks or judiciary employees and no misconduct complaints related to sexual harassment.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllHolland & Knight, Akin, Crowell, Barnes and Day Pitney Add to DC Practices
3 minute read'There Is No Time to Waste': Matt Gaetz Withdraws From AG Nomination
3 minute readRead the Document: 'Google Must Divest Chrome,' DOJ Says, Proposing Remedies in Search Monopoly Case
3 minute readTrending Stories
- 1Supreme Court Will Review Constitutionality Of FCC's Universal Service Fund
- 2'It Refreshes Me': King & Spalding Privacy Leader Doubles as Equestrian Champ
- 3Class Action Filed Against Houston Health Savings Account Firm for Allegedly Confiscating Client Funds
- 4These 2 Lawyers Just Became Florida Judges
- 5'Disease-Causing Bacteria': Colgate and Tom’s of Maine Face Toothpaste Class Action
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250