By Manny Marotta, FTC law clerk

NPR has published the results of a comprehensive investigation into workplace misconduct in the federal judiciary, and the findings are alarming.

Over the past year, NPR staff heard stories about sexual harassment, bullying or other hostile treatment by two dozen judges — several appointed by Republicans and several appointed by Democrats (only four were referenced directly due to confidentiality/retaliation concerns).

Many of these judges still serve on the bench.

NPR spoke with a former law clerk for Judge Joshua Kindred (D. Alaska) who alleged sexual assault by the judge. Although Kindred initially denied the allegation, he later claimed the sexual activity was consensual. An investigation soon revealed that Kindred had been lying about a host of things, including the allegations, and he ultimately resigned.

In another case, law clerk Jessica Horton received only two weeks of maternity leave from her employer, Judge Jill Parrish (D. Utah). She felt pressured by her intense work environment not to take more time off. Fearing reprisals, Horton returned to work just 11 days after giving birth, despite serious risks to her health.

In a third situation, a law clerk for Judge José Antonio Fusté (D. Puerto Rico) told NPR that the judge frequently attempted to touch her inappropriately. When the clerk and a colleague attempted to report the harassment, they were told “there wasn’t anything that could be done.” Fusté remained in his position for several more years until another clerk’s allegations of misconduct resulted in his resignation in 2016.

Former law clerks other judiciary staff who spoke to NPR said they felt like they didn’t have proper courses of action when the harassment, bullying or other misconduct occurred and worried that they’d face retaliation, such as termination, if they chose to speak up.

Overall, the investigation highlights the urgent need for workplace reforms in the third branch — something Fix the Court will continue to make a priority this year.