In the aftermath of the allegations against former George Mason Law professor Joshua Wright, the echoes of the #MeToo movement sound loudly in the halls of our judiciary. The accusations of sexual misconduct and harassment against Wright allegedly perpetrated on students echo the culture of silence and fear seen in the judiciary. Could it be that, like legal academia, the judicial system has for too long been a place that shelters those in powerful positions, enabling and perpetuating abusive behaviors?
According to this op-ed by Aliza Shatzman, Founder of The Legal Accountability Project, the answer is an emphatic yes, citing parallels which highlight the necessity of fostering a culture of candid dialogue and reporting of misconduct in the judiciary and throughout the legal profession.
Shatzman brings to light the sad reality that allegations of misconduct are often treated as “open secrets” within legal academia and judicial circles. Whereas other industries have been publicly reckoning with the #MeToo movement, the federal judiciary remains largely resistant. Notable examples include former Ninth Circuit judge Alex Kozinski,
accused of misconduct in 2017, leading to his resignation. But as Shatzman pointedly asks – have the systemic issues truly been addressed?
One ray of hope lies in the introduction of the Judiciary Accountability Act (JAA) in July 2021.
This legislation proposes extending Title VII protections to judiciary employees, finally enabling these professionals to stand up against harms done to their careers, reputations, and earning potential. While the JAA has sparked important discussions and testimonies, it has yet to effect meaningful change.
However, tangible transformation within the judiciary and academia will require more than policy changes. It necessitates a seismic cultural shift that challenges the deeply ingrained tradition of silence and honor, promotes transparency, and encourages sharing of truth. It’s not enough to quietly steer some students away from problematic judges or academics. Silence only serves to protect those who engage in misconduct.
Yet the decision to report or speak publicly about experiences of misconduct is deeply personal. Fear of backlash, repercussion and isolation often silences the victims. As Shatzman explains, the narrative needs to be reframed – speaking out should be viewed as a badge of honor, embodying bravery, impact and empowerment. Exceptionally, it is also a vital step in reducing workplace mistreatment and holding the powerful accountable.
As the legal profession approaches the sixth anniversary of the #MeToo movement, the need for a similar reckoning for the judiciary has never been more evident. It’s time for the zealous and courageous voices of law clerks and legal practitioners to shatter the silence and transform the culture in the legal community.