Latest news with #LegalAccountabilityProject
Yahoo
02-05-2025
- Politics
- Yahoo
Judges often quit to avoid misconduct investigations. A new bill in Congress would stop that.
Several judges have resigned or retired after facing allegations of sexism or misconduct. A new bill would let the judiciary continue to investigate claims even after judges step down. It's currently only supported by Democrats, the minority party in both houses of Congress. Federal judges staring down investigations about sexism or misconduct in office have used a loophole: Retire or resign, and the investigation goes away. A new bill could end the practice. Congressman Hank Johnson, a Georgia Democrat who introduced the bill, said judges and courts shouldn't "sweep bad behavior under the rug." Nine other Democrats, including high-profile New York representative Rep. Alexandria Ocasio-Cortez, are cosponsoring the bill. The two-page proposal would add language to federal laws around judicial complaints, saying investigations should occur "without regard to the resignation, retirement… or death of the judge whose conduct is the subject of the complaint." Aliza Shatzman founded the Legal Accountability Project after experiencing what she described as harassment and retaliation while working for a judge, said she worked with Johnson's office on the bill. She said people in the federal judiciary have told her that their hands are tied once a judge leaves. "This would untie those hands," she said. "Theoretically, it's something they should support." She hopes Republicans will support the bill because judicial misconduct doesn't have a political party. "Both Democratic and Republican appointees mistreat their clerks," she said. The bill faces uncertain prospects if it doesn't get GOP support. House Republicans, including the judiciary committee, have been focused on passing legislation to enable President Donald Trump to crack down on immigrants. Richard Painter, a government-ethics expert formerly affiliated with one of the groups backing the bill, said it's possible that the judiciary would oppose the measure because judges see themselves as capable of policing their own conduct. "You can't just say separation of powers means there's no checks and balances," he said. "I don't buy those arguments, but you might hear those arguments." Johnson's office said judges accused of sexual harassment have resigned, including José Antonio Fusté in 2016 and Alex Kozinski in 2017, before the disciplinary process could run its course. More recently, a federal judge in Alaska, Joshua Kindred, resigned after an investigation found that he made inappropriate sexual comments to his staff and began a sexual relationship with one of his clerks after she became a prosecutor. Kozinski has said it was "never my intent" to make his clerks uncomfortable. Business Insider was unable to contact Fusté. Historically, judges and their clerks have had close relationships; a 1992 law review article described how one judge's clerks would spend the night at his house and babysit his grandchildren. There is now much more scrutiny on such relationships and the potential for overwork and exploitation of clerks and staff. Sometimes, the allegations rise to the level of official complaints, and courts take action. Judge Pauline Newman, a member of a federal appeals court that hears high-stakes intellectual property disputes, is fighting for her job after some employees expressed concern about her mental health. Several other lawyers and judges have said Newman remains sharp, and accused other judges of overreacting. Last year, the legal reporter David Lat reported that a Trump-appointed judge in Florida who was criticized over decisions she made in one of his criminal cases lost two clerks over heavy workloads and what one clerk told friends was "mean" conduct. And Shatzman wrote on the website Above The Law that a federal judge in Minnesota left the bench after being accused of mistreating and retaliating against employees. A representative for Republicans on the House judiciary committee didn't respond to a request for comment. Read the original article on Business Insider
Business Insider
02-05-2025
- Politics
- Business Insider
Judges often quit to avoid misconduct investigations. A new bill in Congress would stop that.
Congressman Hank Johnson, a Georgia Democrat who introduced the bill, said judges and courts shouldn't "sweep bad behavior under the rug." Nine other Democrats, including high-profile New York representative Rep. Alexandria Ocasio-Cortez, are cosponsoring the bill. The two-page proposal would add language to federal laws around judicial complaints, saying investigations should occur "without regard to the resignation, retirement or death of the judge whose conduct is the subject of the complaint." Aliza Shatzman founded the Legal Accountability Project after experiencing what she described as harassment and retaliation while working for a judge, said she worked with Johnson's office on the bill. She said people in the federal judiciary have told her that their hands are tied once a judge leaves. "This would untie those hands," she said. "Theoretically, it's something they should support." She hopes Republicans will support the bill because judicial misconduct doesn't have a political party. "Both Democratic and Republican appointees mistreat their clerks," she said. The bill faces uncertain prospects if it doesn't get GOP support. House Republicans, including the judiciary committee, have been focused on passing legislation to enable President Donald Trump to crack down on immigrants. Richard Painter, a government-ethics expert formerly affiliated with one of the groups backing the bill, said it's possible that the judiciary would oppose the measure because judges see themselves as capable of policing their own conduct. "You can't just say separation of powers means there's no checks and balances," he said. "I don't buy those arguments, but you might hear those arguments." Johnson's office said judges accused of sexual harassment have resigned, including Jos Antonio Fust in 2016 and Alex Kozinski in 2017, before the disciplinary process could run its course. More recently, a federal judge in Alaska, Joshua Kindred, resigned after an investigation found that he made inappropriate sexual comments to his staff and began a sexual relationship with one of his clerks after she became a prosecutor. Kozinski has said it was "never my intent" to make his clerks uncomfortable. Business Insider was unable to contact Fust. Historically, judges and their clerks have had close relationships; a 1992 law review article described how one judge's clerks would spend the night at his house and babysit his grandchildren. There is now much more scrutiny on such relationships and the potential for overwork and exploitation of clerks and staff. Sometimes, the allegations rise to the level of official complaints, and courts take action. Judge Pauline Newman, a member of a federal appeals court that hears high-stakes intellectual property disputes, is fighting for her job after some employees expressed concern about her mental health. Several other lawyers and judges have said Newman remains sharp, and accused other judges of overreacting. Last year, the legal reporter David Lat reported that a Trump-appointed judge in Florida who was criticized over decisions she made in one of his criminal cases lost two clerks over heavy workloads and what one clerk told friends was "mean" conduct. And Shatzman wrote on the website Above The Law that a federal judge in Minnesota left the bench after being accused of mistreating and retaliating against employees.
Business Insider
02-05-2025
- Politics
- Business Insider
Judges often quit to avoid misconduct investigations. A new bill in Congress would stop that.
Federal judges staring down investigations about sexism or misconduct in office have used a loophole: Retire or resign, and the investigation goes away. A new bill could end the practice. Congressman Hank Johnson, a Georgia Democrat who introduced the bill, said judges and courts shouldn't "sweep bad behavior under the rug." Nine other Democrats, including high-profile New York representative Rep. Alexandria Ocasio-Cortez, are cosponsoring the bill. The two-page proposal would add language to federal laws around judicial complaints, saying investigations should occur "without regard to the resignation, retirement… or death of the judge whose conduct is the subject of the complaint." Aliza Shatzman founded the Legal Accountability Project after experiencing what she described as harassment and retaliation while working for a judge, said she worked with Johnson's office on the bill. She said people in the federal judiciary have told her that their hands are tied once a judge leaves. "This would untie those hands," she said. "Theoretically, it's something they should support." She hopes Republicans will support the bill because judicial misconduct doesn't have a political party. "Both Democratic and Republican appointees mistreat their clerks," she said. The bill faces uncertain prospects if it doesn't get GOP support. House Republicans, including the judiciary committee, have been focused on passing legislation to enable President Donald Trump to crack down on immigrants. Richard Painter, a government-ethics expert formerly affiliated with one of the groups backing the bill, said it's possible that the judiciary would oppose the measure because judges see themselves as capable of policing their own conduct. "You can't just say separation of powers means there's no checks and balances," he said. "I don't buy those arguments, but you might hear those arguments." Johnson's office said judges accused of sexual harassment have resigned, including José Antonio Fusté in 2016 and Alex Kozinski in 2017, before the disciplinary process could run its course. More recently, a federal judge in Alaska, Joshua Kindred, resigned after an investigation found that he made inappropriate sexual comments to his staff and began a sexual relationship with one of his clerks after she became a prosecutor. Kozinski has said it was "never my intent" to make his clerks uncomfortable. Business Insider was unable to contact Fusté. Historically, judges and their clerks have had close relationships; a 1992 law review article described how one judge's clerks would spend the night at his house and babysit his grandchildren. There is now much more scrutiny on such relationships and the potential for overwork and exploitation of clerks and staff. Sometimes, the allegations rise to the level of official complaints, and courts take action. Judge Pauline Newman, a member of a federal appeals court that hears high-stakes intellectual property disputes, is fighting for her job after some employees expressed concern about her mental health. Several other lawyers and judges have said Newman remains sharp, and accused other judges of overreacting. Last year, the legal reporter David Lat reported that a Trump-appointed judge in Florida who was criticized over decisions she made in one of his criminal cases lost two clerks over heavy workloads and what one clerk told friends was "mean" conduct. And Shatzman wrote on the website Above The Law that a federal judge in Minnesota left the bench after being accused of mistreating and retaliating against employees. A representative for Republicans on the House judiciary committee didn't respond to a request for comment.
Yahoo
01-04-2025
- Politics
- Yahoo
Judiciary employee survey shows general job happiness, but a reluctance to report workplace misconduct
Fewer than half of employees of the federal judiciary believe court workers are willing to report instances of workplace misconduct, according to results of a long-awaited survey conducted by the judicial branch. The judges who spearheaded the review said, in a press call shortly after the report was released, the judiciary branch compared 'favorably' to the other two branches of the US government when it comes to employees' workplace happiness, with 84% reporting that they were satisfied or very satisfied with their jobs. Still, judiciary leaders concede that more has to be done to encourage workers to report any professional misconduct that they're subjected to. The survey, released Monday and conducted by Federal Judicial Center researchers, was part of a larger effort launched by Chief Justice John Roberts in 2018, at the height of the #MeToo movement, to address harassment, abuse and other misconduct judicial employees suffered in their jobs – including harassment they received from judges. With their lifetime appointments, judges wield – at times – seemingly untouchable power within their chambers, and some have retired rather than face scrutiny of allegations brought against them. The survey was sent to all employees of the federal judiciary in January 2023, and 13,895 employees responded, according to the report. Monday's report said that, out of the 272 survey takers who reported discriminatory harassment, 63 said that harassment came from judges. Judges were behind 166 instances of abusive conduct reported by 900 survey-takers, according to the report. And 49 of the 290 respondents who said they were subjected to employment discrimination said it came from a judge. On the press call, Senior US Circuit Judge Margaret McKeown – a member of the workplace conduct working group established by Roberts – said as a statistical figure, the number of workplace conduct complaints connected to judges was 'quite small,' as she emphasized there are about 30,000 judiciary employees. Those who indicated experiencing misconduct were much more likely to identify managers and direct colleagues as the source of the issue, the report said. Aliza Shatzman, the founder of the Legal Accountability Project, a nonprofit that considers itself a watchdog for abusive conduct in courtrooms experienced by clerks, said that the release of the survey findings was a 'positive step,' but pushed back on the claim that that it showed judges were behind only a 'small number' of workplace misconduct issues. 'I cannot even underscore for you how stark the power disparity is between a law clerk and a judge,' Shatzman told CNN. 'There is no greater power disparity in the legal profession, probably in white collar workplaces period.' A federal judge in Alaska resigned last year amid an investigation showing he had created a 'hostile work environment' for his clerks, while having an 'inappropriately sexualized relationship' with one of them. Only 42% of survey-takers said that employees were willing or very willing to report workplace misconduct, a number that the workplace conduct working group was 'concerned about,' US District Judge Julie Robinson said Monday. Almost two-thirds of respondents said that management at their courts or judicial workplaces encouraged employees to report misconduct. 'We want to see a much higher number in people who are comfortable' Robinson, who sits on the federal court in Kansas, said. 'The key is that it is important to build trust and confidence in the system.' The Supreme Court's press office did not respond to a CNN request for comment from Chief Justice Roberts.
CNN
01-04-2025
- Politics
- CNN
Judiciary employee survey shows general job happiness, but a reluctance to report workplace misconduct
Fewer than half of employees of the federal judiciary believe court workers are willing to report instances of workplace misconduct, according to results of a long-awaited survey conducted by the judicial branch. The judges who spearheaded the review said, in a press call shortly after the report was released, the judiciary branch compared 'favorably' to the other two branches of the US government when it comes to employees' workplace happiness, with 84% reporting that they were satisfied or very satisfied with their jobs. Still, judiciary leaders concede that more has to be done to encourage workers to report any professional misconduct that they're subjected to. The survey, released Monday and conducted by Federal Judicial Center researchers, was part of a larger effort launched by Chief Justice John Roberts in 2018, at the height of the #MeToo movement, to address harassment, abuse and other misconduct judicial employees suffered in their jobs – including harassment they received from judges. With their lifetime appointments, judges wield – at times – seemingly untouchable power within their chambers, and some have retired rather than face scrutiny of allegations brought against them. The survey was sent to all employees of the federal judiciary in January 2023, and 13,895 employees responded, according to the report. Monday's report said that, out of the 272 survey takers who reported discriminatory harassment, 63 said that harassment came from judges. Judges were behind 166 instances of abusive conduct reported by 900 survey-takers, according to the report. And 49 of the 290 respondents who said they were subjected to employment discrimination said it came from a judge. On the press call, Senior US Circuit Judge Margaret McKeown – a member of the workplace conduct working group established by Roberts – said as a statistical figure, the number of workplace conduct complaints connected to judges was 'quite small,' as she emphasized there are about 30,000 judiciary employees. Those who indicated experiencing misconduct were much more likely to identify managers and direct colleagues as the source of the issue, the report said. Aliza Shatzman, the founder of the Legal Accountability Project, a nonprofit that considers itself a watchdog for abusive conduct in courtrooms experienced by clerks, said that the release of the survey findings was a 'positive step,' but pushed back on the claim that that it showed judges were behind only a 'small number' of workplace misconduct issues. 'I cannot even underscore for you how stark the power disparity is between a law clerk and a judge,' Shatzman told CNN. 'There is no greater power disparity in the legal profession, probably in white collar workplaces period.' A federal judge in Alaska resigned last year amid an investigation showing he had created a 'hostile work environment' for his clerks, while having an 'inappropriately sexualized relationship' with one of them. Only 42% of survey-takers said that employees were willing or very willing to report workplace misconduct, a number that the workplace conduct working group was 'concerned about,' US District Judge Julie Robinson said Monday. Almost two-thirds of respondents said that management at their courts or judicial workplaces encouraged employees to report misconduct. 'We want to see a much higher number in people who are comfortable' Robinson, who sits on the federal court in Kansas, said. 'The key is that it is important to build trust and confidence in the system.' The Supreme Court's press office did not respond to a CNN request for comment from Chief Justice Roberts.
