Senate Committee Questions Judiciary's Anti-Harassment Efforts After Kozinski Scandal
"The judicial branch has a problem," said Sen. Charles Grassley at the beginning of Wednesday's Senate judiciary hearing. "They have to deal with it or Congress will have to do it for the courts."
June 13, 2018 at 02:18 PM
3 minute read
The head of the working group formed to evaluate the federal judiciary's procedures for dealing with judicial misconduct faced a string of critical questions Wednesday from the Senate Judiciary Committee about the group's efforts to gauge the prevalence of sexual harassment in the third branch. Senate Judiciary chair Chuck Grassley, R-Iowa, told James Duff, the director of the Administrative Office of the U.S. Courts and head of the working group formed in the aftermath of revelations about Ninth Circuit Judge Alex Kozinski's inappropriate conduct with law clerks, that his group's report issued earlier this month "kicks the can down the road" in terms of laying out viable, transparent processes court staff can use to report harassment. "The judicial branch has a problem," Grassley said at the beginning of Wednesday's hearing. "They have to deal with it or Congress will have to do it for the courts." Grassley noted that nearly every federal agency has a watchdog to whom employees can take harassment complaints. "It's time for the federal judiciary to catch up," he said. The report of the nine-member working group, formed at the behest of U.S. Supreme Court Chief Justice John Roberts Jr., acknowledged that "power disparities" between judges and employees may deter workers from making complaints. The report, among other things, proposed the establishment of an internal Office of Judicial Integrity to provide employees with advice regarding workplace conduct. A group of former law clerks who have been vocal advocates for change have criticized the working group for not including current or former clerks as part of its process, not assessing the pervasiveness of harassment in the judiciary, and not setting a time frame to implement their proposed changes. The group also criticized the report for failing to apologize to harassment victims or acknowledging what went wrong in the Kozinski case, Grassley pointed out. Duff did take the opportunity Wednesday to apologize to victims. "I don't know anybody in our branch who doesn't feel the same way I do about it," Duff said. He stressed, however, that the judiciary has a process that "works when it's utilized, but it's not utilized often." Duff said that part of the reason instances might go unreported is that court employees either don't know about the current processes, find them too complicated or fear retaliation. Senators weren't the only ones casting a critical eye on the judiciary's report Wednesday. Sen. Dianne Feinstein, D-California, credited former law clerk Jaime Santos, who helped spearhead the group of clerks calling for reform in the complaint process, for being the driving force behind Wednesday's hearing. Santos, now counsel at Goodwin Procter in Washington, D.C., testified that federal judicial chambers are unlike other work environments since judges are "more demigods than they are employers." She said that in her own informal survey of former clerks, she'd heard from other women who were asked sexual questions during clerkship interviews, who overheard their judges and male colleagues objectifying litigants, and who'd been groped. "You can't solve a problem if you haven't studied its scope," said Santos in a critique of the working group's forward-looking focus. "The statement that this is not pervasive is just a guess." Santos also criticized law schools whom she said often heard of problems from former clerks but remained mum about them. "The silence from law schools over the past six months is troubling," she said. "They turned a blind eye toward this behavior and in many ways enabled it." Watch the video:
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 AllNew Class Action Points to Fears Over Privacy, Abortions and Fertility
Deception or Coercion? California Supreme Court Grants Review in Jailhouse Confession Case
5 minute readCourt rejects request to sideline San Jose State volleyball player on grounds she’s transgender
4 minute readTrending Stories
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