House and Senate Appropriations Committees Seek More Accountability from the Courts
Once again this year — and much to the credit of the House and Senate Appropriations Committees, Republicans and Democrats alike — there are a number of provisions in the two houses’ appropriations bill reports that seek to make the third branch more accountable, especially when it comes to policing workplace conduct.
On the House side, there’s language directing the AO release the results of the 2023 climate survey, urging the branch to consider adding monetary remedies into the employee complaint process and calling for increased anti-harassment training for judiciary staff.
On the Senate side, there’s encouragement to increase the capacity of the AO’s Office of Judicial Integrity, create an Office of Employee Advocacy to help judiciary staff understand their employment rights and remedies and an admonishment against continued delays in the posting of judges’ annual disclosure reports.
Workplace Conduct.—The Committee looks forward to receiving GAO’s review of workplace misconduct in the Federal Judiciary and recommendations for how the AO can help foster a better workplace environment for all Judicial employees. The Committee directs the AO’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.
Administrative Office of the Courts.—The Committee awaits the Judiciary’s national climate survey results as consolidated by the Federal Judicial Center no later than 30 days after the enactment of this Act; the Committee expects that the Judiciary will implement the recommendations provided by the Government Accountability Office and the Judiciary’s Workplace Conduct Working Group to improve systems to prevent workplace misconduct, or report to the Committee on the insurmountable barriers to implementation that have prevented the Judiciary from completing these reforms. To facilitate these efforts, the Committee endorses funding for the Judiciary to incorporate additional monetary remedies into the employee complaint process and provide free legal counsel to employees regarding workplace rights to the extent allowable by statute. The Committee requests an update to the 1996 report requested by Public Law 104–1 on the application to the Judicial branch of specified Federal labor laws.
The Committee looks forward to receiving reports 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 looks forward to the Judiciary’s compliance with the Courthouse Ethics and Transparency Act.
[…] Professional Development.—The Committee supports the FJC’s mandate for professional development of the Judiciary and empirical research to inform court operations. The Committee encourages the FJC to prioritize sexual harassment prevention and workplace conduct training and to brief the Committee no later than 30 days after enactment of this Act on the additional resources needed to expand training and data collection to reduce workplace misconduct in the Judiciary.
Judicial Conduct and Disability [JC&D] Act Orders.—The AO is directed to continue to report to the House and Senate authorizing and appropriations committees 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 notes that a single, centralized webpage on JC&D orders is located on uscourts.gov.
Office of Judicial Integrity.—The AO is encouraged to ensure that there are sufficient staffing resources in the Office of Judicial Integrity to address workplace conduct needs in the branch and should identify additional staffing and resource needs in the AO’s budget request to Congress.
Financial Disclosure Reports.—The Committee is concerned about delays in posting on the Judiciary’s public website annual financial disclosure reports for Federal judges as required by the Courthouse Ethics and Transparency Act (Public Law 117–125). The Administrative Office [AO] is encouraged to evaluate staff resources for the Committee on Financial Disclosure to ensure timely review and posting online of financial disclosure reports, and to address any additional resource needs in the AO’s annual budget request.
Improving Compliance with Judicial Disclosures Requirements.— The Committee notes that it has been reported that dozens of Federal judges are not disclosing their participation in privately-funded seminars as required by the Ethics in Government Act and Judicial Conference policy. The Judicial Conference is urged to redouble its efforts to ensure 100 percent compliance with seminar disclosure requirements.
Office of Employee Advocacy.—As the judiciary continues its work to ensure that it is an exemplary workplace for all employees, the Committee urges the Administrative Office to create an independent office of employee advocacy to serve as the legal counsel for employees who need advice or legal representation regarding harassment, discrimination, retaliation and other workplace misconduct matters.
Judiciary Workplace Practices.—In its July 2024 report, Enhancing Efforts to Coordinate Best Workplace Practices Across the Federal Judiciary, the FJC and NAPA presented findings and options for consideration regarding workplace practices. No later than May 30, 2025, the AO is directed to update the Committee on its consideration of each option in the report. Additional useful information, such as resources that would be required to carry out options, is encouraged to be included.