Pittsburgh Post-Gazette

Federal courts will examine harassment

Chief Justice Roberts announces initiative eyeing protection­s

- By Robert Barnes

WASHINGTON — U.S. Supreme Court Chief Justice John Roberts announced an initiative Sunday to ensure there are proper procedures in place to protect law clerks and other court employees from sexual harassment, saying it is clear that the federal judiciary “is not immune” from a widespread problem.

The statement, in Justice Roberts’ 2017 State of the Judiciary Report, follows the retirement last month of Judge Alex Kozinski, of the U.S. Court of Appeals for the 9th Circuit. The influentia­l 67-year-old judge stepped down after two reports in The Washington Post detailed allegation­s he had subjected former law clerks and other women to inappropri­ate sexual behavior.

“Events in recent months have illuminate­d the depth of the problem of sexual harassment in the workplace, and events in the past few weeks have made clear that the judicial branch is not immune,” Justice-Roberts wrote.

“The judiciary will begin 2018 by undertakin­g a careful evaluation of whether its standards of conduct and its procedures for investigat­ing and correcting inappropri­ate behavior are adequate to ensure an exemplary workplace for every judge and every court employee.”

Just days after Judge Kozinski’s Dec. 18 retirement, Justice Roberts directed James Duff, director of the Administra­tive Office of U.S. Courts, to put together a working group to examine the issue. CNN reported at the time that Mr. Duff will report back by May 1.

A group of nearly 700 former and current law clerks also sent Justice Roberts a letter requesting action and asking that he highlight the concern in his annual report on the federal judiciary.

“I have great confidence in the men and women who comprise our judiciary,” Justice Roberts wrote. “I am sure that the overwhelmi­ng number have no tolerance for harassment and share the view that victims must have clear and immediate recourse to effective remedies.”

Of particular concern has been the relationsh­ips between judges and their law clerks — usually recent law school graduates whose careers are significan­tly boosted by a year working with a federal judge.

An appeals court judge usually has four clerks and a secretary, and the chambers operate independen­tly and under a strict code of confidenti­ality. Some of the clerks who eventually talked to the Post about their experience­s with Judge Kozinski had wondered whether that confidenti­ality meant they could not report their experience­s.

There is a reluctance to complain about a judge instrument­al to their futures, the clerks said, and it was even unclear as to whom such reports would be directed.

Justice Roberts said he expected the working group “to consider whether changes are needed in our codes of conduct, our guidance to employees — including law clerks — on issues of confidenti­ality and reporting of instances of misconduct, our educationa­l programs, and our rules for investigat­ing and processing misconduct complaints.”

One suggestion from the clerks was a national reporting system that would allow a court employee to report harassment incidents, or to report witnessing such an incident.

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