Judiciary employee survey shows general job happiness, but a reluctance to report workplace misconduct

By Emily R. Condon and Tierney Sneed, CNN

(CNN) — 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.

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