Federal Judge Investigated for Misconduct, Agrees to Take Steps to Improve Workplace Environment

On Wednesday, March 27, 2024, Reuters reported that a federal circuit judge acknowledged problems in their chambers after a former law clerk filed a misconduct complaint alleging an abusive and harassing workplace.

According to the report, Chief Circuit Judge Debra Livingston of the 2nd U.S. Circuit Court of Appeals oversaw an investigation into the unnamed judge’s conduct. The investigation revealed that other former clerks shared similar concerns about the judge’s management style, describing it as “overly harsh”, though they said they learned a lot from the judge as well.

In a December 2022 order made public this week, Judge Livingston said the judge took responsibility for the issues raised and pledged to fix the problems identified in order to resolve the law clerk’s complaint. Judge Livingston wrote that the judge expressed deep regret upon learning about the concerns raised by the complainant and other former staff members.

The order did not provide specifics about the law clerk’s allegations due to confidentiality policies, as judicial misconduct cases rarely name subjects publicly. However, it marked a rare instance of the judiciary publicly addressing claims of workplace misconduct following policies adopted in 2019 amid the #MeToo movement regarding bans on abusive conduct.

As part of the resolution, the judge committed to receiving counseling on proper workplace conduct and management of chamber staff. The judge also agreed to watch training videos on preventing harassment. Additionally, former clerks will be able to directly raise future issues to Judge Livingston and undergo check-ins midway through their terms to ensure no further problems.

While Judge Livingston dismissed other claims in the complaint regarding alleged ethical violations, the report indicates that the judiciary is working to cultivate an exemplary work environment free of harassment, as outlined in a 2017 directive by Chief Supreme Court Justice John Roberts. The involved law clerk had been transferred to another judge’s chambers in 2022.

Source: Reuters