House and Senate Again Include Anti-Harassment Language in Appropriations Reports
FY23 Appropriations Bills, Just Like Those from FY22, Call on Judiciary to Improve Workplace Conduct
The language demonstrates Congress’ priorities — i.e., ending harassment in the judiciary and ensuring the third branch employees who experience misconduct have recourse.
But the judiciary does not appear to believe that report language accompanying appropriations bills is binding.
Here’s the FY23 Senate language: (also here on p. 45)
“Workplace Misconduct.—The Committee is aware of the Judiciary’s plans to conduct workplace surveys of the Judiciary, collect and analyze organizational process and employee engagement data, and coordinate best workplace practices across the Judiciary. The Committee supports institutionalizing such capacity within the Judiciary to ensure continued and consistent attention to these matters in the future. The Committee supports the involvement of the Office of Judicial Integrity and non-profit, independent organizations with experience in public administration and organizational management, in conducting these studies. The Judiciary is directed to submit the results of the studies to the House and Senate Committees on Appropriations upon their completion.”
Here’s the FY23 House language: (also here on pp. 48-53)
“As the Judiciary collaborates with GAO and other stakeholders on various workplace studies, the Committee expects the Administrative Office of the U.S. Courts and the Federal Judicial Center to provide regular and in-depth access to all necessary data requested by GAO and the National Academy of Public Administration in order for their reviews to be completed in a timely manner.
“The Committee believes that the employees of the Judiciary deserve and should expect basic workplace rights that protect them from harassment, discrimination, and other forms of misconduct. The Judicial Conference is directed to report to the House and Senate Committees on Appropriations and the Judiciary on Judicial Conduct and Disability (JC&D) Act orders that result in a finding of misconduct for any judge no later than 30 days after an order of the relevant judicial council becomes final or, for those orders where review by the Judicial Conference’s Committee on Judicial Conduct and Disability (JC&D Committee) has been requested, no later than 30 days after the JC&D Committee’s review has been completed. The Committee urges the Judicial Conference to create a single, centralized webpage from which it is possible to access JC&D orders posted on each circuit website.” […]
“Sharing Best Practices.—The Committee encourages the Judiciary to share and implement best practices for the reduction of and responses to workplace misconduct. These include findings in the climate surveys and throughout the Judiciary.
“Oversight over the Office of Judicial Integrity.—The Committee provides additional funding for the Office of Judicial Integrity to increase staff dedicated to providing confidential advice to judiciary staff on workplace issues, coordinating staff training programs, and ensuring consistency in workplace policies and protections across circuits. The Committee looks forward to receiving GAO’s review of workplace misconduct in the Federal Judiciary and recommendations for how this office can help foster a better workplace environment for all Judicial employees.
“Workplace Misconduct Report.—The Committee directs the Federal Judicial Center to contract with the National Academy of Public Administration, entering into independent partnership to assist the FJC with its efforts to conduct workplace surveys of the judiciary, collect and analyze organizational process and employee engagement data, and coordinate best workplace practices across the Judiciary. The study should also explore options to institutionalize such capacity within the Judiciary to ensure continued and consistent attention to these matters in the future. The recommendation includes $1,000,000 for this purpose and directs that the study begin within 60 days of enactment of this Act. The FJC is invited to coordinate with the Office of Judicial Integrity during this study. The National Academy of Public Administration and the FJC shall submit the results of the study no later than one year after the study contract is executed and submit the results to the House and Senate Committees on Appropriations.”
Here’s the FY22 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 FY22 House language (also here on p. 53):
“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.”