Sexual Harassment & the Courts

Diversity & Inclusion

An Interview with Judge Roger L. Gregory

By Judge Willie J. Epps Jr.

Judge Gregory graduated from his Virginia high school the first year of its desegregation. He continued this pattern of firsts throughout his life: He was the first African American to serve on the U.S. Court of Appeals for the Fourth circuit and he became the only judge to be appointed by presidents of two different parties.

Courts & Judiciary

The Federal Judiciary Workplace Conduct Working Group

By James C. Duff

Judges are not immune to sexual harassment charges. Considering the recent #MeToo movement, the Federal Judiciary Workplace Conduct Working Group was established and created a report with the goal of maintaining an exemplary workplace for employees of the judicial branch.

Courts & Judiciary

Update from the Ninth Circuit Workplace Environment Committee: July 2018

In December 2017, Chief Judge Sidney R. Thomas appointed the Ninth Circuit Workplace Environment Committee to review and revise policies and procedures to promote and safeguard a healthy working environment throughout the circuit.

Ethics

Sexual Harassment and Judicial Discipline

By Cynthia Gray

Judges are held accountable for their actions by the ABA Model Code of Judicial Conduct, which as of 1990 includes language regarding sexual harassment. Gray summarizes past judicial discipline cases involving sexual harassment, including the challenges of proving misconduct, and details types of misconduct judges have been disciplined for.

Ethics

Update: Proposed Amendments

Responding to the recommendations of the Federal Judiciary Workplace Conduct Working Group, the U.S. Judicial Conference Committees on Codes of Conduct and Judicial Conduct and Disability have published for public comment proposed amendments to the Code of Conduct for U.S. Judges and to the rules for judicial-conduct and judicial-disability proceedings.

Courts & Judiciary

An Unlikely Target, or Not?

By Judge Annette J. Scieszinski

Sexual harassment isn’t always explicit, and being the victim of sexual harassment may not be immediately obvious. Judge Scieszinski shares her story of being targeted by a male colleague, coming to the awareness that she was being harassed, and trying to make sense of the experience as an empowered female professional.

Courts & Judiciary

Sexual Harassment and the Bench

By Nancy Gertner

Gertner reflects on gender inequality in the legal field as a young woman lawyer swearing off plans to have a family to remain credible among her male counterparts. She goes on to consider sexual harassment in the workplace, explaining that the judiciary is unique due to its male-dominated power structure and requirements of confidentiality.

Courts & Judiciary

Workplace Harassment in the State Courts

By Deborah Wood Smith

State court systems are reviewing how they approach sexual harassment in the workplace. Reformed training, addressing negative aspects of reporting harassment, and adding diversity all contribute to a workplace culture where bias is reduced and discrimination is not tolerated

Courts & Judiciary

#MeToo and the Judiciary Speakers Deliver Real-World Advice

By Linda Strite Murnane

At the 2018 ABA Annual Meeting, four women panelists spoke about the prevalence of sexual harassment in the judiciary. The speakers, who were inspired by law clerks who came together to report sexual harassment by a federal judge, shared their personal experiences and advice.

Courts & Judiciary

Physician Health Program Outcome Data Should Be Viewed with Caution

By Nicholas D. Lawson and J. Wesley Boyd

Doctors Nicholas D. Lawson and J. Wesley Boyd respond to an article from the winter 2018 issue of The Judges’ Journal that focused on addiction and recovery.

Ethics

Judicial Ethics and the Internet (Revisited)

By Judge Herbert B. Dixon Jr.

Judge Dixon tells a cautionary tale about the possible pitfalls of judges engaging in social media activity relating to pending cases and provides a short list of commandments as guides for acceptable conduct for judges using the Internet or thinking about posting on social media.

Ethics

Finding Guidance Beyond Your Code of Judicial Conduct

By Marla N. Greenstein

The ABA Model Code of Judicial Conduct is periodically revised to keep up with an evolving world. “Sexual harassment” didn’t appear in the Code until 1990, when it was explained in terms of “bias” and “prejudice.” Major revisions to the Code came later, in 2007, when sexual harassment was explicitly prohibited.