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The nine U.S. Supreme Court justices, including the newest justice, Brett Kavanaugh, gathered for their official group photo at the Supreme Court. (Nov. 30)
AP

WASHINGTON – The chief justice of the United States endorsed an internal judicial report Monday that found inappropriate workplace conduct among federal judges and recommended changes, vowing to monitor progress throughout 2019.

Chief Justice John Roberts‘ report ended a year in which the federal judiciary found itself under a microscope, accused of the type of sexual harassment and abuse more often leveled against politicians and celebrities from Hollywood to Wall Street. 

The year began with an investigation into allegations of sexual misconduct against veteran federal appeals court Judge Alex Kozinski of California. It ended with an investigation into dozens of ethics complaints filed against new Supreme Court Associate Justice Brett Kavanaugh over allegations that preceded his confirmation. 

Both probes ended without any action taken against the judges – in Kozinski’s case, because he retired, and in Kavanaugh’s case, because he was promoted to the high court by a 50-48 Senate vote. The judicial branch’s code of conduct does not apply to the Supreme Court.

“The job is not yet done,” Roberts said in his year-end report. “The job is not finished until we have done all that we can to ensure that all of our employees are treated with fairness, dignity, and respect.”

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His assessment followed a year-long process in which the self-policing judicial branch looked inward to determine the extent of judicial misconduct in the federal court system. 

A working group appointed by Roberts announced in June that inappropriate workplace conduct was “not limited to a few isolated instances involving law clerks,” Roberts said. “The working group concluded that misconduct, when it does occur, is more likely to take the form of incivility or disrespect than overt sexual harassment, and it frequently goes unreported.”

Roberts first cited the problem in an addendum to his 2017 year-end report, noting that the judiciary “is not immune” from sexual harassment accusations. This year, however, he made the #MeToo movement’s initiative the subject of his full report – noting at the outset that 2019 will mark 100 years since Congress first funded the work of law clerks who have been on the receiving end of abuse and harassment.

“Recent events have highlighted that the very qualities that make the position of law clerk attractive – particularly, the opportunity to work with a senior member of the legal profession in a position of mentorship and trust – can create special risks of abuse,” Roberts said. “Similar concerns have of course been highlighted with respect to misconduct in other prestigious and high-profile professions.”

Kozinski, 68, a 32-year veteran of the U.S. Court of Appeals for the Ninth Circuit, resigned last December after The Washington Post revealed allegations of sexual harassment involving former employees, including law clerks.

Kavanaugh, 53, was accused of sexual misconduct during his high school days more than 35 years ago. His vehement denial of Christine Blasey Ford’s sexual assault allegation became the subject of controversy after he accused Democrats of playing politics.

Eighty-three complaints were lodged against Kavanaugh, some alleging that he lied in his 2018 confirmation hearing or demonstrated inappropriate temperament. Others claimed he lied in his 2006 and 2004 confirmation hearings for a seat on the U.S. Court of Appeals for the District of Columbia Circuit, where he served for 12 years. They all were dismissed after his elevation to the Supreme Court put him outside the jurisdiction of the lower courts’ disciplinary system. 

Roberts did not name any judges in his mostly upbeat report, which heralded the appointment earlier this month of a judicial integrity officer to monitor workplace conduct issues and offer confidential guidance and counseling. 

He also did not preview any changes for his own court, which has largely escaped scrutiny because it isn’t subject to the same code as other judges.

“The Supreme Court will supplement its existing internal policies and training programs for all of its employees based on the initiatives and experience of the other federal courts,” Roberts said.

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