Although millions of people get workplace protections from employers in the U.S., these protections don't apply to the 30,000 workers in the federal judiciary, which is exempt from discrimination protections, reports NPR. "I think the judiciary sees itself in a lot of ways as above the law," said Gabe Roth of the watchdog group Fix the Court. "It sees itself as separate and different." While the judiciary publishes reports about complaints against judges, those reports contain no names, just numbers. Judges' conduct tends to go unpunished because the judiciary relies on itself for self-policing. It's also common for judges to resign while they're under investigation, which generally stops the probe, and allows them to receive retirement benefits.
Judges enjoy lifetime tenure and have few limits on their power, while the young lawyers who clerk for them could be blocked from other job opportunities in the legal world after they file complaints. So a judge's word of recommendation, or word of warning, carries enormous weight for clerks, who are in a vulnerable position. Congress has considered legislation, but failed to act so far, to improve judiciary accountability and transparency. Aliza Shatzman, who advocates for law clerks, said transferring to a different judge is not an option for some of them, for financial or logistical reasons. Shatzman said the court system's typical practice, which does not identify judges involved the disciplinary process, could expose more unwitting young lawyers to more abuse. Glenn Fine, who served as inspector general at the Justice Department and the Pentagon, said the judiciary needs an independent watchdog, too. "Self-policing is not working," Fine said. "It is hard for judges and anyone to investigate their colleagues."
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