Watch the hearing here on CSPAN Senate Committee Examines Workplace Misconduct in the Federal Judiciary, June 13, 2018
Joan Biskupic, CNN, Senate Judiciary Committee Takes up #MeToo in the Courts
Jaime Santos says that after women went public last December with complaints against California-based US Appeals Court Judge Alex Kozinski, she and colleagues began trying to address the larger harassment issue by talking to women who had worked closely with federal judges in prestigious law clerk positions.
"Harassment and abuse within the judiciary are not the rule, but these experiences are not uncommon," Santos, who is a former law clerk from the 9th Circuit, where Kozinski served, says in prepared testimony. "Law clerks and externs from numerous federal courts shared with us that they had felt demeaned, belittled, or humiliated during their clerkships or externships.
"Some shared stories about being asked sexual questions during job interviews, hearing their judge or co-clerks speak about female attorneys in derogatory and objectifying terms, and being groped or kissed in public and in private."
A CNN special report in January, examining about 5,000 judicial orders arising from misconduct complaints over the past decade, found that courthouse employees and others with potentially valid complaints against judges rarely use the judiciary's misconduct system, or get no relief when they do. Judges overseeing the system seldom find that a claim warrants an investigation or that a judge should be disciplined.
On Wednesday the Senate committee is also scheduled to hear from James Duff, director of the Administrative Office of the US Courts, who oversaw a group set up to examine judicial misconduct. Chief Justice John Roberts established the working group in December after The Washington Post first reported complaints
from women against Kozinski.
In his prepared remarks, Duff highlights the group's proposal for a national Office of Judicial Integrity, with a hotline for employees to seek counseling, guidance and intervention if harassed. Duff also says the current process for reporting complaints against judges "works well when utilized." He said officials are trying to make it easier to use.
The working group reported earlier this month that "inappropriate conduct" in courthouses is "not limited to a few isolated instances," but the group did not detail the magnitude of employee abuse beyond saying it was "not pervasive."
It did make several recommendations
, including that judges put a greater priority on improving workplace culture, the code of conduct be revised to make clear what behavior is prohibited and the complaint system be made more transparent and accessible.
Live tweeting commentary on the hearing by Courtney Milan (pen name of former law prof and Kozinski judicial clerk Heidi Bond) @courtneymilan
For more on the Working Group Report from the committee which studied the issue:
The Federal Judiciary Working Group Issues Its Report on Workplace Sexual Misconduct
Working Group Recommends Changes to Prevent Workplace Harassment in the Judiciary