Statements on Introduced Bills and Joint Resolutions

Floor Speech

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Ms. HIRONO. Mr. President, I rise today to introduce the Judiciary Accountability Act of 2021. I thank Representatives Johnson, Speier, Nadler, Torres, and Mace, along with my cosponsors, Senators Whitehouse, Murray, and Durbin, for working with me to finally ensure that employees of the Federal judiciary have strong statutory rights and protections against discrimination, sexual harassment, retaliation, and other forms of workplace misconduct.

More than 30,000 people work in the Federal judiciary. As with any organization of this size, the judiciary is not immune from workplace misconduct.

Over the years, however, a variety of factors have worked together to prevent instances of workplace misconduct within the judiciary from coming to light. There is a unique power imbalance between the Federal judges who sit atop this vast organization and the clerks, staffers, and other employees who rely on connections and recommendations to advance their careers. The cloak of confidentiality ensures what happens in chambers stays in chambers. And, perhaps most important, there is a lack of legal recourse available to judicial employees who are denied even the most fundamental workplace protections. Indeed, the Federal judiciary is one of the few employers--private or public--whose employees are not protected by state or federal civil rights laws.

Despite all these reasons to keep quiet, a number of victims have bravely come forward to report serious harassment by Federal judges over the past several years. In December 2017, six former law clerks and staffers accused Ninth Circuit Judge Alex Kozinski of subjecting them to a range of inappropriate sexual conduct and comments. In September 2019, the Tenth Circuit Judicial Council issued an order finding that District Court Judge Carlos Murguia had harassed multiple employees over a period of years, including by subjecting them to sexually suggestive comments; inappropriate text messages; and excessive, non-work-related contact. In February 2020, a former law clerk to the late-Ninth Circuit Judge Stephen Reinhardt accused the judge of a months-long harassment campaign.

In the face of this egregious misconduct and Congressional pressure, the federal judiciary has taken only small, limited steps to protect its employees. It is not enough.

The Judiciary Accountability Act fills the void left by the judiciary's inaction and extends to judicial branch employees the same anti-discrimination rights and remedies other government sector employees and private sector workers have had for decades. It also goes further. Among other things, it would create an Office of Judicial Integrity to administer a nationwide, confidential reporting system; establish a Special Counsel for Equal Employment Opportunity empowered to investigate all workplace misconduct complaints; form an Office of Employee Advocacy to assist in judicial branch employees in matters relating to workplace discrimination and harassment; protect whistleblowers by prohibiting retaliation; and establish a comprehensive workplace misconduct prevention program.

These reforms are not only necessary, they are long overdue. I therefore encourage my colleagues to support the Judiciary Accountability Act.

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