Memo: Update on Circuit-Based Working Groups on Workplace Conduct
From: Dylan Hosmer-Quint, Fix the Court Research Associate
To: Interested parties
Date: April 30, 2019

Here we take a look at the extent to which each of the federal courts of appeals have established their own working groups on workplace conduct, akin to the national one created by Chief Justice Roberts in Dec. 2017, and whether the circuits have incorporated – or at least publicly posted – the national Judiciary Working Group recommendations, which the Judicial Conference adopted on March 12, 2019.

First Circuit:

• Local Working Group (Dec. 2018): “We are presently in the process of setting up a workplace conduct committee in the First Circuit. I expect we will announce it publicly just after the first of the year” (e-mail from the First Circuit clerk to Fix the Court).
• Working Group Update (April 2019): Formed Workplace Conduct Committee Mar. 5, 2019 (recommendations not yet announced).
• Incorporating JWG Recs (April 2019): Has posted the updated National Rules on its website, though there was no public notice of CA1 adoption.

Second Circuit:

• Local Working Group (Dec 2018): “The Second Circuit is working together with the Chief Justice’s Judiciary Workplace Conduct Working Group and other courts on improving the Court’s and the Judiciary’s policies, processes and training concerning workplace conduct” (e-mail from the Second Circuit clerk to Fix the Court).
• Working Group Update (April 2019): No update.
• Incorporating JWG Recs (April 2019): Has posted the updated National Rules on its website, though there was no public notice of CA2 adoption

Third Circuit:

• Local Working Group (Dec 2018): No response.
• Working Group Update (April 2019): No update.
• Incorporating JWG Recs (April 2019): Has posted the updated National Rules on its website, though there was no public notice of CA3 adoption.

Fourth Circuit:

• Local Working Group (Dec 2018): Chief Judge Gregory “will be appointing a special standing committee on workplace conduct, and he has asked me to submit a list of recommended candidates for his consideration. We are in the process of submitting the list” (e-mail from the Fourth Circuit clerk to Fix the Court).
• Working Group Update (April 2019): No update.
• Incorporating JWG Recs (April 2019): Has posted the updated National Rules on its website, though there was no public notice of CA4 adoption.

Fifth Circuit:

• Local Working Group (Dec 2018): Chief Judge Stewart “appointed an ad hoc council committee to evaluate and make recommendations in the area of workplace conduct” (e-mail from the Fifth Circuit clerk to Fix the Court).
• Working Group Update (April 2019): No update.
• Incorporating JWG Recs (April 2019): Has posted the updated National Rules on its website, though there was no public notice of CA5 adoption.

Sixth Circuit:

• Local Working Group (Dec 2018): No response.
• Working Group Update (April 2019): No update.
• Incorporating JWG Recs (April 2019): Lists outdated national rules, last updated Sept. 17, 2017.

Seventh Circuit:

• Local Working Group (Dec 2018): Chief Judge Wood appointed a workplace conduct committee on Dec. 29, 2017, headed by Judge David Hamilton “to examine the process for raising claims of harassment in connection with employment in the courts of the Seventh Circuit and the consideration of those claims. […] We have an amended EEO plan on the website which is a product of the committee.”
• Working Group Update (April 2019): A new “Policy on Harassment, Discrimination, and Equal Opportunity” was updated June 15, 2018.
• Incorporating JWG Recs (April 2019): Lists outdated National Rules, last updated May 4, 2016

Eighth Circuit:

• Local Working Group (Dec 2018): “We have not formed a local working group for sexual harassment, although once we have all of the model plans and recommendations from the national groups, we may form one for implementation purposes.”
• Working Group Update (April 2019): No update.
• Incorporating JWG Recs (April 2019): Has posted the updated National Rules, and specifically notes CA8 adoption: “To the extent that the Eighth Circuit’s previous rules governing Judicial Misconduct and Disability are inconsistent with the new Rules, they are superseded by the new Rules. However, certain provisions of the Eighth Circuit’s Rules, especially Rule 5 providing for review panel action on petitions for review of the Chief Judge’s decision, remain in effect.”

Ninth Circuit:

• Local Working Group (Dec 2018): Created its own circuit-wide working group on workplace conduct on Feb. 28, 2018.
• Working Group Update (April 2019): Adopted circuit working group recommendations on May 21, 2018.
• Incorporating JWG Recs (April 2019): Has posted the updated National Rules and posted a public notice of CA9 adoption on March 12.

Tenth Circuit:

• Local Working Group (Dec 2018): The court has not formed its own internal working group. “We were lucky to have two judges very involved in the national working group (Judge Robinson and Judge Tymkovich) and also had the benefit of Jill Langley’s (the new Chief Integrity Officer) expertise. She was tapped into the national group as well and has done a lot of circuit-wide EDR training” (e-mail from the Tenth Circuit clerk to Fix the Court).
• Working Group Update (April 2019): No update.
• Incorporating JWG Recs (April 2019): Has posted the updated National Rules on its website, though there was no public notice of CA10 adoption.

Eleventh Circuit:

• Local Working Group (Dec 2018): No response.
• Working Group Update (April 2019): No update.
• Incorporating JWG Recs (April 2019): Has posted the updated National Rules on its website, with an April 12 public notice of CA11 adoption.

D.C. Circuit:

• Local Working Group (Dec 2018): Created its own circuit-wide working group on workplace conduct in May 2018.
• Working Group Update (April 2019): Adopted local working group recommendations as of Nov. 28, 2018.
• Incorporating JWG Recs (April 2019): Has posted the updated National Rules on its website, though there was no public notice of CADC adoption.

Federal Circuit:

• Local Working Group (Dec 2018): The court has not formed its own working group but says it “continues to monitor and to participate in the ongoing discussions within the federal judiciary both locally and nationally as to how best to prevent workplace misconduct against all court employees” (e-mail from the Federal Circuit clerk to Fix the Court).
• Working Group Update (April 2019): No update.
• Incorporating JWG Recs (April 2019): Has posted the updated National Rules on its website, though there was no public notice of CAFC adoption.