Summary of “NPR Exclusive: Harassment In The Federal Judiciary”

Released on February 25, 2025, “NPR Exclusive: Harassment In The Federal Judiciary” is a compelling episode of The NPR Politics Podcast. Hosted by Susan Davis, Carrie Johnson, and Mara Liasson, this episode delves into an in-depth investigation of the federal court system, focusing on the prevalence of sexual harassment, bullying, and the systemic challenges faced by those working within the judiciary.

1. Introduction and Investigation Initiation

The episode opens with host Susan Davis introducing the topic: an exclusive NPR investigation into harassment within the federal judiciary. She sets the stage by highlighting the lack of accountability and the power dynamics that make reporting harassment difficult for federal court employees.

Susan Davis (00:25):
“Today on the show, an NPR exclusive, an investigation into the federal court system, the people who work there and what happens when they're faced with sexual harassment or bullying.”

Carrie Johnson, the Justice Department correspondent, explains her motivation for pursuing this story, emphasizing the under-examined nature of the federal courts and the importance of accountability within this branch of government.

Carrie Johnson (00:56):
“You know, over the last few years, I've really been thinking about accountability and the balance of power in all kinds of different contexts. And it seemed to me the federal courts were kind of under investigated.”

2. The Federal Judiciary’s Exemptions and Reporting Challenges

Johnson reveals a critical finding: approximately 30,000 federal judiciary employees are exempt from Title VII of the Civil Rights Act of 1964, depriving them of legal protections against harassment and retaliation.

Aliza Schottzman, Law Clerk Database Manager (02:39):
“The federal judiciary is outrageously exempt from Title 7 of the Civil Rights act of 1964. That means that if you are a law clerk and you are sexually harassed, fired, retaliated against by a federal judge, you have no legal recourse.”

This exemption creates a precarious environment where employees fear reporting misconduct due to potential career repercussions, as judges wield significant influence over their professional futures.

Carrie Johnson (05:18):
“They have the power to make or break your career. These judges have the power to make or break your career.”

3. Prevalence and Nature of Harassment

Johnson discusses the limited data available, noting that between 2021 and 2024, only seven law clerks reported their judges out of over 1,400 federal judges—a stark indicator of either underreporting or a low incidence of misconduct.

Carrie Johnson (03:06):
“Only seven law clerks between 2021 and 2024 actually reported their judges. Seven. And there are more than 1400 federal judges with life tenure.”

Anecdotal evidence suggests that while overt sexual assault may be rare, bullying, abusive conduct, and hostile behavior are more prevalent, creating a toxic work environment for many.

Carrie Johnson (04:33):
“... allegations of bullying and abusive and hostile conduct, judges who were really mistreating their law clerks, and to some extent, allegations of sexual assault, unwanted touching, and other problems.”

4. Systemic Flaws and Reporting Systems

The podcast highlights that although the judiciary has implemented systems post-MeToo to address harassment, these measures are fraught with flaws. The systems often place the responsibility of adjudicating complaints in the hands of colleagues or friends of judges, undermining impartiality and effectiveness.

Carrie Johnson (04:34):
“They have something like 500 people working in different parts of the court system who can hear complaints... but when those complaints are filed, sometimes it's the judge's colleagues or friends or the judge down the hallway that turns out to be the decider.”

Employees are hesitant to report misconduct due to fears of anonymity breaches and the significant impact on their careers, especially given the high stakes involved in legal professions.

5. Retaliation and Career Impact

The conversation shifts to the repercussions faced by those who do come forward. Johnson shares stories of individuals who have faced retaliation, such as receiving negative references from judges, which jeopardizes their future employment opportunities.

Carrie Johnson (05:21):
“... those judges have given them very negative references. And this is a real fear in part because you come out of law school often with hundreds of thousands of dollars in debt and if you can't get a job, you can't pay down your law school bills.”

Susan Davis draws parallels between the judiciary and the military, where similar power dynamics have led to challenges in reporting misconduct, underscoring the pervasive nature of the problem.

Susan Davis (05:53):
“I was thinking about this like if you want a career in law, who you clerk for, that judge, writing your letters of recommendations, I mean, it really can be make or break for a career.”

6. Efforts and Challenges in Addressing Harassment

Despite some administrative efforts to improve the situation, Johnson notes that independent research bodies like the Government Accountability Office and the National Academy of Public Administration have identified significant gaps, such as insufficient information on court websites and inadequate data collection on complaints.

Carrie Johnson (07:57):
“They have identified some big problems, like there's not enough information on court websites about how to report this stuff and there's really not a lot of data collection.”

Advocates like Gabe Roth from Fix the Court argue for greater accountability and more comprehensive data to understand and address the scope of harassment within the judiciary.

Gabe Roth (08:48):
“The idea that they have not successfully captured the most common type of complaint is very frustrating.”

7. Congressional and Internal Reforms

The podcast details legislative efforts to tackle the issue, highlighting bills like the Judiciary Accountability Act introduced by Representative Hank Johnson. While some bipartisan support exists, progress has been limited due to a lack of broad congressional backing.

Carrie Johnson (11:21):
“Norma Torres, a Democrat from California, has tried to use the appropriations process to compel the judiciary to make some changes... But nobody took action on it before Congress left town last year.”

Internally, the judiciary continues to rely on its complaint systems, which are hindered by decentralized operations across circuit courts, making uniform reform challenging.

Carrie Johnson (12:12):
“Each system or each circuit court kind of operates as a fiefdom. And so, you know, they have their own rules and their own ways of complaining and their own systems.”

8. Cultural Awareness and Systemic Pressures

Johnson emphasizes the cultural challenges within the judiciary, where long-standing relationships between judges and clerks can foster environments where misconduct persists unchecked. The pressure to maintain anonymity and avoid professional fallout contributes to a culture of silence.

Carrie Johnson (09:26):
“…these judges have the power to stop you from getting any of those jobs and in many future jobs.”

She also points out that many judiciary employees enter the system unaware of the precarious nature of their employment, further exacerbating their vulnerability to exploitation and harassment.

Carrie Johnson (09:26):
“… it's basically an at will employment system so you can be fired for any reason at any time and sometimes they don't even need to give you a reason.”

9. Gender Dynamics in Harassment

Addressing potential biases, Mara Liasson inquires about the gender dynamics of harassment cases. Johnson responds that harassment and abusive conduct are not confined to any particular gender, with both male and female judges implicated in misconduct.

Carrie Johnson (10:47):
“A lot of complaints. And it's not confined to people who've been on the bench for 30 or 40 years. I've heard a lot of complaints about some new judges, too...”

This revelation underscores that the issue transcends gender lines, highlighting systemic flaws rather than isolated incidents of misconduct.

10. Conclusion and Ongoing Reporting

The episode concludes with Susan Davis announcing that an extended version of Carrie Johnson's reporting will be available over the weekend, promising deeper insights into the federal judiciary's challenges with harassment and accountability.

Susan Davis (13:33):
“You can hear an extended version of Carrie’s reporting. It'll be in our podcast feed this weekend on Saturday right here on the NPR Politics Podcast.”

Key Takeaways:

• Exemption from Civil Rights Laws: Federal judiciary employees lack protections under Title VII, limiting their ability to seek legal recourse against harassment.

• Underreporting and Data Gaps: Extremely low reported cases contrast with numerous anecdotal accounts, suggesting significant underreporting and insufficient data mechanisms.

• Power Dynamics and Retaliation: Judges hold substantial power over the careers of judiciary employees, deterring individuals from reporting misconduct due to fear of retaliation.

• Systemic Flaws and Reform Challenges: Existing complaint systems are inadequate, decentralized, and often compromised by conflicts of interest, hindering effective resolution of harassment issues.

• Legislative Efforts Stalled: Although there are attempts to increase accountability through legislation, bipartisan support is limited, and meaningful progress remains elusive.

• Cultural Silence: A pervasive culture of fear and silence persists within the judiciary, compounded by economic pressures and the critical role of judges in career advancement.

This NPR exclusive sheds light on the troubling realities within the federal judiciary, advocating for greater transparency, accountability, and systemic reforms to protect employees from harassment and ensure a just workplace.