The Role of Accountability in Preserving Judicial Independence: Examining the Ethical Infrastructure of the Federal Judicial Workplace

Authors

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

Document Type

Article

Publication Date

11-2024

Journal Title

Law and Contemporary Problems

ISSN

0023-9186

Abstract

After news reports of sexual harassment allegations involving federal judges, U.S. Supreme Court Chief Justice John Roberts asked the Director of the Administrative Office of the U.S. Courts to assemble a working group to address concerns related to misconduct in the federal judicial workplace. Following the working group’s report, the judiciary adopted recommendations relating to discrimination and harassment in the federal judiciary. Using the ethical infrastructure framework, this article reviews what changes have been made and what is missing. It explains how the steps taken largely focus on formal aspects of communicating and monitoring standards of conduct. Notably missing are measures that relate to sanctions for wrongdoing and remedies for persons harmed. The article examines legislation designed to extend antidiscrimination laws to federal judicial employees. By supporting the provision of civil remedies available to other federal employees, the judiciary communicates that it is no longer relying on judicial exceptionalism, but recognizes the connection between accountability for law violations and public confidence in those who apply and interpret the law.

First Page

119

Last Page

145

Num Pages

27

Volume Number

87

Issue Number

1

Publisher

Duke University School of Law

Recommended Citation

Susan S. Fortney, The Role of Accountability in Preserving Judicial Independence: Examining the Ethical Infrastructure of the Federal Judicial Workplace, 87 Law & Contemp. Probs. 119 (2024).
Available at: https://scholarship.law.tamu.edu/facscholar/2168

File Type

PDF