On September 13, 2018, the 26-member Judicial Conference proposed amendments for public comment from the recommendations contained in the June 2018 Report of the Federal Judiciary Workplace Conduct Working Group.
A number of these amendments provide guidelines for reporting sexual harassment in the workplace, as well as create standards of conduct for judges and other personnel in the courthouse.
The amendments provide that a judge has an affirmative duty to promote civility throughout the courthouse, including the responsibility to ensure that all persons are refraining from any behavior that could be construed as harassment or abusive behavior. Further, a judge is required to take affirmative steps to identify instances of misconduct, take appropriate steps to address the behavior, and ensure that the complainant is safe from potential retaliatory action by offenders. Judges additionally are under an affirmative obligation to report any misconduct to the relevant chief judge. Failure to do so constitutes judicial misconduct.
With these amendments also came the announcement that the Administrative Office of the U.S. Courts is seeking to fill a new position, the “Judicial Integrity Officer.” This role is part of an initiative on the part of the Conference to expand efforts to curb and preempt the potential for workplace harassment by providing education and orientation on the topic to all courthouse personnel, from judges to law clerks.
Following the “comment period,” during which the amendments will be publicly vetted and the Judicial Conference will hear and consider feedback, the amendments will be submitted to a vote by the Conference.
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