The federal Judiciary today released the results of its first-ever employee survey exploring workplace issues, along with a new report containing recommendations for improvements aimed at achieving the Judiciary’s goal of fostering an exemplary workplace.

The survey results show that the overwhelming majority of Judiciary employees are satisfied with their workplaces. Eighty-four percent responded that they are satisfied or very satisfied with their jobs and 80 percent said they would recommend their court or employing office to others.

The survey was conducted by the Federal Judicial Center for the Workplace Conduct Working Group, a group of judges and court executives who have been working on workplace conduct issues since early 2018 at the request of the Chief Justice. It was sent to nearly 28,000 employees in 2023, and the response rate was a statistically impressive 50 percent.

The results provided a wealth of data that the Judiciary is using to gain a deeper understanding of employees’ experiences and to guide continued efforts to foster an exemplary workplace for all employees. The Working Group used the survey results as a basis for nine new recommendations in a report to the Judicial Conference of the United States, which was also released today. 

The recommendations are designed to build on the substantial steps taken over the past seven years. Most respondents who indicated experiencing wrongful conduct did not avail themselves of employment dispute resolution (EDR) procedures. Two priority areas that the Working Group has targeted for improvement are reducing potential barriers to reporting misconduct and increasing employees’ confidence in using available resolution procedures. 

“These results tell me and my colleagues on the Working Group that we have done a lot, but we have more work to do to address the reluctance of employees to seek help or report wrongful conduct. And that work begins immediately, with a new set of recommendations for the Judicial Conference to consider,” said Judge Robert J. Conrad, Jr., the Director of the Administrative Office of the U.S. Courts.

The recommendations include the following:

• Review current definitions and guidance on abusive conduct and assess whether greater clarity can be provided on the distinctions between inappropriate behavior. Abusive conduct is a workplace protection unique to the Judiciary that goes beyond current statutory protections.
• Extend and clarify procedural rights, remedies, and obligations under the Model Employment Dispute Resolution (EDR) Plans, including clarifying that modifications to local plans cannot diminish or curtail rights or remedies under the model plan; ensuring that consideration of interim relief for complainants occurs consistently and at the outset of an investigation, incorporating additional monetary remedies for victims of misconduct, and removing the procedural requirement that employees first use assisted resolution prior to filing a formal complaint.
• Establish standards for the qualification and selection of EDR coordinators and enhance existing training.
• Promote the use of trained investigators in EDR assisted resolutions and in informal investigations at the local level.
• Ensure the appearance of impartiality of presiding judicial officers (PJOs) in formal complaint proceedings by appointing PJOs from outside a complainant’s district or circuit, ensure that PJOs appoint trained investigators, and develop additional resources for PJOs. 
• Expand feedback and information about EDR by ensuring that follow up occurs with employees who report wrongful conduct, developing uniform standards for the redaction and publication of EDR decisions in formal complaint proceedings, developing a publicly available source of published EDR decisions and relevant Judicial Conduct and Disability Act opinions, and augmenting data collection.
• Continue to incorporate workplace conduct training into orientation programs for all judges and employees.
• Clarify distinctions between inappropriate behaviors and abusive conduct in training programs for judges and employees.
• Provide continuing education for leaders at all levels of the Judiciary, including management training on listening, communication, building trust, and effective response to both inappropriate workplace behavior and allegations of wrongful conduct.

Learn more about workplace conduct initiatives in the federal Judiciary. 

All federal courts have put in place an effective dispute resolution plan giving employees multiple pathways to report and address workplace concerns, and an increasing number of them are opting to use the new processes, according to the first Annual Report on the Judiciary Workplace released today.

The report details the extensive steps taken since 2018 to ensure Judiciary employees are protected from conduct that is discriminatory, harassing, retaliatory, or abusive and that they have access to effective measures to seek redress for their concerns when issues arise.

“The Judiciary is committed to ensuring that employees are treated with dignity and respect, and enjoy a workplace free from discrimination, harassment, retaliation, and abusive conduct,” wrote Judge Robert J. Conrad, Jr., the director of the Administrative Office of the U.S. Courts, in the report’s opening message.

Among the highlights in the report are:

• As of the end of 2023, all federal courts had adopted and implemented an employment dispute resolution (EDR) plan based on the Judiciary’s Model EDR plan, approved by the Judicial Conference of the United States in 2019. Every employee now has a menu of options for redressing workplace misconduct – informal advice, assisted resolution and the filing of a formal complaint. A recent study by the Federal Judicial Center (FJC) and the National Academy of Public Administration (NAPA) found that “the three processes for dealing with possible misconduct are working well.”
• There are now trained professionals at the national, circuit, and local court levels who can provide confidential advice to employees about their options when they have workplace concerns. In addition to the national Office of Judicial Integrity, each circuit now has a Director of Workplace Relations. DWRs are experienced working in the federal or state courts and a number of them have backgrounds in employment law.
• To increase transparency, the Judiciary now tracks and publishes the number of Judicial Conduct and Disability (JC&D) complaints filed by Judiciary employees. The numbers show that employee-initiated JC&D complaints against judges are rare. In fiscal year 2021, 11 of 1,304 complainants in JC&D matters were Judiciary employees. The following fiscal year, just one of 1,533 JC&D complaints was brought by a Judiciary employee. In fiscal year 2023, the number was three.
• JC&D data reflects the fact that the vast majority of JC&D complaints are filed by litigants and prisoners challenging a judge’s decision and are unrelated to the Judiciary workplace.
• More than 40 percent of EDR matters concluded between fiscal years 2021 and 2023 were resolved through mutual agreement or settlement, an indication that the Judiciary is making progress toward its goal of addressing concerns quickly and early, without the need for adversarial proceedings.
• The number of employees availing themselves of the new avenues increased. In fiscal year 2023, there were 94 active EDR matters across the Judiciary, a substantial increase over the 53 EDR matters in fiscal year 2021. Even though this number still represents a small fraction of Judiciary employees, the increase suggests that employees are becoming more aware of their options and increasingly willing to use them to address workplace concerns.

Two outside entities recently evaluated the Judiciary’s changes to its workplace processes and procedures – the FJC and NAPA research team and the Government Accountability Office (GAO). Both found that significant aspects of the system are working well and validated the Judiciary’s overall approach.

The GAO found that the Judiciary’s practices largely align with those recommended by the U.S. Equal Employment Opportunity Commission. The report said, “The protections that apply to judicial employees are similar to the statutory protections that apply to most federal employees. In some ways, certain protections exceed those that apply by statute to most federal employees.” 

Both reports also made recommendations for further refinements to workplace processes and procedures, which the Judiciary is studying.

Judge Conrad said, “We welcome constructive review and analysis of our processes and policies. And we take the recommendations from those outside the Judiciary seriously. Providing a safe and respectful workplace is extremely important to all of us in leadership roles, and we will continue to refine and improve our approach as time goes on.”

The annual report is the first of its kind published by the AO’s Office of Judicial Integrity. It was done in response to a recommendation from the Judiciary Workplace Conduct Working Group, an internal group made up of judges and Judiciary executives created at the direction of Chief Justice John G. Roberts, Jr., in 2018.

All federal courts have put in place an effective dispute resolution plan giving employees multiple pathways to report and address workplace concerns, and an increasing number of them are opting to use the new processes, according to the first Annual Report on the Judiciary Workplace released today.

The report details the extensive steps taken since 2018 to ensure Judiciary employees are protected from conduct that is discriminatory, harassing, retaliatory, or abusive and that they have access to effective measures to seek redress for their concerns when issues arise.

“The Judiciary is committed to ensuring that employees are treated with dignity and respect, and enjoy a workplace free from discrimination, harassment, retaliation, and abusive conduct,” wrote Judge Robert J. Conrad, Jr., the director of the Administrative Office of the U.S. Courts, in the report’s opening message.

Among the highlights in the report are:

• As of the end of 2023, all federal courts had adopted and implemented an employment dispute resolution (EDR) plan based on the Judiciary’s Model EDR plan, approved by the Judicial Conference of the United States in 2019. Every employee now has a menu of options for redressing workplace misconduct – informal advice, assisted resolution and the filing of a formal complaint. A recent study by the Federal Judicial Center (FJC) and the National Academy of Public Administration (NAPA) found that “the three processes for dealing with possible misconduct are working well.”
• There are now trained professionals at the national, circuit, and local court levels who can provide confidential advice to employees about their options when they have workplace concerns. In addition to the national Office of Judicial Integrity, each circuit now has a Director of Workplace Relations. DWRs are experienced working in the federal or state courts and a number of them have backgrounds in employment law.
• To increase transparency, the Judiciary now tracks and publishes the number of Judicial Conduct and Disability (JC&D) complaints filed by Judiciary employees. The numbers show that employee-initiated JC&D complaints against judges are rare. In fiscal year 2021, 11 of 1,304 complainants in JC&D matters were Judiciary employees. The following fiscal year, just one of 1,533 JC&D complaints was brought by a Judiciary employee. In fiscal year 2023, the number was three.
• JC&D data reflects the fact that the vast majority of JC&D complaints are filed by litigants and prisoners challenging a judge’s decision and are unrelated to the Judiciary workplace.
• More than 40 percent of EDR matters concluded between fiscal years 2021 and 2023 were resolved through mutual agreement or settlement, an indication that the Judiciary is making progress toward its goal of addressing concerns quickly and early, without the need for adversarial proceedings.
• The number of employees availing themselves of the new avenues increased. In fiscal year 2023, there were 94 active EDR matters across the Judiciary, a substantial increase over the 53 EDR matters in fiscal year 2021. Even though this number still represents a small fraction of Judiciary employees, the increase suggests that employees are becoming more aware of their options and increasingly willing to use them to address workplace concerns.

Two outside entities recently evaluated the Judiciary’s changes to its workplace processes and procedures – the FJC and NAPA research team and the Government Accountability Office (GAO). Both found that significant aspects of the system are working well and validated the Judiciary’s overall approach.

The GAO found that the Judiciary’s practices largely align with those recommended by the U.S. Equal Employment Opportunity Commission. The report said, “The protections that apply to judicial employees are similar to the statutory protections that apply to most federal employees. In some ways, certain protections exceed those that apply by statute to most federal employees.” 

Both reports also made recommendations for further refinements to workplace processes and procedures, which the Judiciary is studying.

Judge Conrad said, “We welcome constructive review and analysis of our processes and policies. And we take the recommendations from those outside the Judiciary seriously. Providing a safe and respectful workplace is extremely important to all of us in leadership roles, and we will continue to refine and improve our approach as time goes on.”

The annual report is the first of its kind published by the AO’s Office of Judicial Integrity. It was done in response to a recommendation from the Judiciary Workplace Conduct Working Group, an internal group made up of judges and Judiciary executives created at the direction of Chief Justice John G. Roberts, Jr., in 2018.

The Judiciary has strengthened its IT defenses against cyberattacks, a meeting of the Judicial Conference of the United States was told on Tuesday. But the threat is growing in scale and sophistication, requiring even greater vigilance against attacks from individuals and unfriendly nations.

Court of Appeals Judge Michael Y. Scudder, chair of the Conference’s Committee on Information Technology, also warned of potential threats to Judiciary IT systems in the coming months as part of a general update on cybersecurity during the Judicial Conference’s twice-annual meeting, held today at the U.S. Supreme Court.

“The cyber risk we face is especially acute at this very moment—in the heart of this election season,” Scudder said. “Foreign adversaries see the election as an opportunity not just to spread misinformation, but, more broadly, to sow distrust in the workings of the American government of which we are a part.”

The Judiciary elevated its focus on cybersecurity after a major attack in late 2020 affected many federal institutions. Key elements of the Judiciary’s response have been documented in annual reports from the director of the Administrative Office of the U.S. Courts (AO). They include:

• Implementing Zero Trust Architecture: Zero trust architecture requires users to continuously verify their identity before being granted access to an organization’s network, systems, and data.
• Expansion of Multifactor Authentication: Multifactor authentication requires users to confirm their identities before gaining access to a network, system, or data. This makes it more difficult for adversaries to gain access to critical Judiciary resources even if passwords are compromised. 
• Maximizing the use of government-furnished equipment while limiting the risks associated with use of personally owned devices to access non-public Judiciary networks and systems.

The AO also appointed a Chief Information Officer in April 2023 to address system-wide IT issues and strategies.

Despite this progress, Scudder said, concerns remain as cyberattackers become more sophisticated. He urged judges to remain focused on IT security, and emphasized the importance of Congress prioritizing funding for the Judiciary’s cybersecurity needs.

“Now is not the time for one ounce of complacency,” Scudder told the Conference. “We have to keep making progress on our major projects; we have to find ways to meet our goals faster, by working within cyber-relevant timeframes, not ordinary government timelines; and we have to stay unified, with the courts and AO working together.”

Scudder thanked federal judges for their broad support of IT security.

“Perhaps above all else, our culture has changed,” Scudder said. “Overwhelming numbers of judges now see IT as an essential part of nearly everything we do. They understand the importance of investing in modernization and cybersecurity, and doing so at an enterprise level.”

Judge Robert J. Conrad, Jr., secretary of the Judicial Conference and director of the AO, also briefed the Conference on several developments affecting the Judiciary.

“This was a successful JCUS in many ways,” Conrad said. “I’m proud of the hard work the Conference’s committees have performed on matters procedural and substantive to aid the Judiciary’s efforts to pursue excellence in the administration of justice.”

Workplace Conduct

As part of the briefing, Conrad outlined the numerous steps the Judiciary has taken in recent years in response to a call for action by Chief Justice John G. Roberts, Jr., to ensure an exemplary workplace and to protect Judiciary employees from misconduct.

These include multiple channels to report workplace concerns and to receive confidential guidance from trained professionals at the local, circuit, and national levels. In response to requests from law clerks and other employees, these include informal resolutions as well as formal complaint procedures.

Under policies approved by the Judicial Conference, there is a specific and enforceable prohibition on abusive conduct, and judges have an obligation to report credible allegations of abusive behavior.  Training and programmatic efforts have been greatly expanded.

“The Judiciary has gone to great lengths to provide an exemplary workplace,” Conrad said. “Can more be done?  Of course.  The Judiciary has continued to assess its progress and evaluate areas for further refinement. Workplace conduct remains a top Judiciary priority.”

About the Judicial Conference

The 26-member Judicial Conference (pdf) is the policy-making body for the federal court system. By statute, the Chief Justice of the United States serves as its presiding officer and its members are the chief judges of the 13 courts of appeals, a district judge from each of the 12 geographic circuits, and the chief judge of the Court of International Trade. The Conference meets twice a year to consider administrative and policy issues affecting the court system, and to make recommendations to Congress concerning legislation involving the Judicial Branch.