Taking Courthouse Discrimination Seriously: The Role of Judges as Ethical Leaders

Authors

Susan Saab Fortney, Texas A&M University School of LawFollow

Document Type

Article

Publication Date

6-2022

Journal Title

University of Kansas Law Review

ISSN

0083-4025

Abstract

Sexual misconduct allegations against Alex Kozinski, a once powerful judge in the U.S. Court of Appeals for the 9^th Circuit, spotlighted concerns related to sexual harassment in the judiciary. Following news reports related to the alleged misconduct, Chief Justice John G. Roberts, Jr. charged a working group with examining safeguards to deal with inappropriate conduct in the judicial workplace. Based on recommendations made in the Report of the Federal Judiciary Workplace Conduct Working Group, the Judicial Conference approved a number of reforms and improvements related to workplace conduct in the federal judiciary. The reforms included revising the Code of Conduct for U.S. Judges. As amended, the Code of Judicial Conduct for U.S. Judges now clearly states that judges should neither engage in, nor tolerate, workplace conduct that is reasonably interpreted as harassment, abusive behavior, or retaliation for reporting such conduct. Under this provision, judges should not turn a blind eye to others’ misconduct, but should accept their responsibilities as ethical leaders committed to a diverse, inclusive, and respectful workplace where harassment is not tolerated. Drawing on the Report of the Federal Judiciary Workplace Conduct Working Group, related studies, and a survey of state codes, this article examines areas where state Codes of Judicial Conduct and related procedural rules should be revised to address more effectively the serious problems of harassment and other workplace misconduct at the courthouse.

First Page

607

Last Page

631

Num Pages

25

Volume Number

70

Issue Number

4

Publisher

University of Kansas School of Law

Recommended Citation

Susan S. Fortney, Taking Courthouse Discrimination Seriously: The Role of Judges as Ethical Leaders, 70 U. Kan. L. Rev. 607 (2022).
Available at: https://scholarship.law.tamu.edu/facscholar/1665

File Type

PDF