The Judiciary Must Do More to Protect Clerks from Hostility and Harassment in the Workplace

Introduction

Recent events involving US District Judge Joshua Kindred’s resignation following abusive conduct toward his clerks have raised concerns about whether some of the judiciary’s most vulnerable employees are adequately protected from hostile workplaces, even with new measures in place. Advocates claim that additional safeguards could benefit the federal judiciary.

The Judiciary’s Response to Workplace Misconduct

The Administrative Office for the US Courts believes that the judiciary has a “robust system in place” to respond effectively to workplace misconduct. In recent years, the branch has adopted new measures to ensure that law clerks and other Judiciary employees are treated with respect by strengthening the processes for redressing wrongful conduct and increasing accountability.

Still, Deeva Shah, a former law clerk and advocate of changes, believes that courts can take more significant steps to protect clerks, both during and after they leave chambers. She wishes to see stronger acknowledgement and apology regarding the pain clerks had to endure during the investigation.

Concerns Over Challenging Federal Judges’ Behavior

Several former law clerks have come forward with allegations of misconduct or harassment by federal judges. At the heart of many of the claims is the power imbalance between federal judges and their clerks, as law clerks are often young, recent law school graduates trying to start their careers. A positive relationship with a judge can significantly help propel them into future professional opportunities.

The Federal Judiciary has responded to this challenge by creating a working group in 2017 to address these problems internally. Despite this, federal judges continued to make news leading to allegations of misconduct and unethical behavior. This state of affairs has raised concerns among advocates, hoping for improved legislation designed to boost protections for federal judiciary employees who report workplace misconduct.

New Legislation to Protect Law Clerks

Legislation addressing the judiciary’s system for handling misconduct complaints is expected to be reintroduced in Congress in the coming weeks, aimed at better protecting vulnerable law clerks. The new law, if passed, will help clerks feel more comfortable coming forward with misconduct complaints. The bill aims to add legal language shielding judiciary employees from discrimination and protect whistleblowers from retaliation. It will also establish a Special Counsel’s office within the judicial branch to investigate workplace misconduct allegations and conduct annual audits.

The bill has been introduced before in 2021 in the House and Senate, but stalled in both chambers. Democratic lawmakers believe that federal judges should not be above the law and that they need to be held to the highest standards. The challenging and disgusting behavior outlined in Judge Kindred’s investigation is unfortunately not new in the judiciary, and employees of the judiciary deserve better.

Conclusion

In conclusion, there must be more done to protect law clerks from hostility and harassment in the workplace, and legislation proposed to this effect is currently being reintroduced in Congress. It is the duty of the entire legal profession to ensure that the Judiciary has the necessary tools to combat the behavior of judges that can cause injury and harm to individuals under their authority.

Originally Post From https://news.bloomberglaw.com/us-law-week/misconduct-findings-against-judge-prompt-clerk-safety-questions

Misconduct Findings Against Judge Raise Clerk Safety Concerns – Bloomberg Law News