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Reports Accompanying FY22 Appropriations Bills Call on Judiciary to Improve Workplace Conduct Policies

Here’s the Senate language: (also here on p. 41)

Workplace Misconduct.—The Committee directs the Administrative Office of the Courts to submit a report to the House and Senate Committees on Appropriations and on the Judiciary no later than April 1, 2022 on: (1) actions taken by the Judicial Conference of the United States to address reports of workplace misconduct in the Judiciary; and (2) the total number of workplace misconduct complaints received, investigations conducted, and types of misconduct alleged or found across all appellate, district, and bankruptcy courts and Federal public defender offices, separately reporting those complaints relating to claims of sexual harassment and other sexual misconduct. The report shall also provide comparable total statistics across national judicial branch agencies, including the Administrative Office, the Federal Judicial Center, and the Sentencing Commission.

Law Clerk Demographics.—The Committee directs the Administrative Office of the Courts, no later than 90 days after enactment of this Act, to submit a report to the House and Senate Committees on Appropriations and on the Judiciary on the gender, race, and ethnicity of law clerks in the Federal courts covering the most recent 10-year period in which data is available.”

Here’s the House language from July for comparison (also in here):

Workplace Misconduct.–The Judiciary is directed to submit a report to the Committee within 180 days of enactment of this Act on the number of formal workplace misconduct complaints received, investigations conducted, and types of misconduct alleged or found in each judicial circuit; each appellate, district, and bankruptcy court; and each judicial branch agency, including the AO, the Federal Judicial Center, the Sentencing Commission, and Federal public defender offices.

“The Committee directs the Administrative Office’s Office of Judicial Integrity to continue to inform Congress in their annual Congressional budget on the challenges remaining to provide an exemplary workplace for every judge and every court employee.

Workplace Survey.–The Committee directs the Director of the AO to develop and promulgate a model climate survey for use by courts of appeals, district courts (to include probation and pretrial services), bankruptcy courts, federal public defender offices, and the AO to assess their workplace environments, with a particular emphasis on issues related to workplace conduct. The Director shall provide a report detailing the status of these efforts no later than 120 days after the enactment of this Act.”

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