Judicial Behaviorism

 Why do judges misbehave? Because they can. 

In a written Statement for the Record submitted to the House Committee on the Judiciary, she recalled her painful experience of harassment at the hands of a D.C. federal judge, including “[her] attempts to report the mistreatment, how the system failed [her] when she tried to report, and [her] efforts to seek justice for herself and accountability for the misbehaving former judge.”

When she filed her complaint against the judge to the D.C. Commission on Judicial Disabilities and Tenure, she found out that there were very few legal protections from harassment and retaliation for law clerks who reported judges' misbehavior. Currently, judges are excluded from anti-discrimination laws, and in July 2021, Congress proposed a bill that would fix this: the Judiciary Accountability Act (JAA). The law would empower judiciary employees who experience abuse, harassment, and retaliation to sue judges under Title VII, along with a number of other measures that create more accountability for judges.

The bigger issue, as we have seen, is that even if the laws are fixed, judges, indeed all lawyers, are in practice treated like they are immune from violations of the law.