This week, the federal Office of Judicial Integrity (OJI) and circuit Directors of Workplace Relations (DWRs) held a series of online information sessions dedicated to options for law clerks in addressing wrongful conduct within the judiciary. However, the available options law clerks have at their disposal are unfortunately scarce.
Prompted by high-profile allegations against former Ninth Circuit Judge Alex Kozinski in 2018, the Administrative Office of the U.S. Courts (AO) established a national Workplace Conduct Working Group. This group was tasked with the responsibility to examine misconduct within the federal judiciary and recommend revisions. Certain minor reforms have since been implemented, like the formation of the OJI and the judicial integrity officer, as well as a few amendments to the Employee Dispute Resolution Plan (EDR).
We have three methods of review for addressing wrongful conduct: EDR coordinators within courthouses, circuit DWRs, and the national OJI. Both EDR and the Judicial Conduct and Disability Act (JC&D) fail to consider the severe power imbalance between a judge and a law clerk, along with the significant barriers that might prevent reporting misconduct. Notably, the judiciary is exempt from Title VII of the Civil Rights Act of 1964, the anti-discrimination law that protects workers throughout the legal profession.
In order to have a fighting chance against misconduct, the AO needs to introduce changes such as support for the Judiciary Accountability Act (JAA), judicial training, and substantial protection against retaliation. Until then, the existing EDR process and the JC&D complaint remain the only current options for mistreated law clerks to seek redress and hold judges accountable. Look towards the Legal Accountability Project for more information.