Federal judicial nominations are caught up in a political fight (again)

Senator Jeff Flake (R-AZ), one of the most prominent Republican critics of President Trump, has stated that he “and a few other senators” plan not to vote on any more federal judicial nominations until Congress acts on other issues:

“I do think that unless we can actually do something other than just approving the president’s executive calendar, his nominees, judges, that we have no reason to be there,” Flake said. “So, I think myself and a number of senators, at least a few of us will stand up and say let’s not move any more judges until we get a vote for example on tariffs.”

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“The Senate ought to bring legislation to the floor that says hey, we’re going to push back here,” Flake said. “The European Union exporting cars to the U.S. does not represent a national security threat.”

Senator Flake is right about the need for Congress to step up and do its job in a rigorous and thoughtful manner. But it’s a damning indictment of that body that it cannot simultaneously govern the country and approve judicial nominees. Meanwhile, the federal court system continues to operate with many fewer judges than it believes necessary to do its work properly.

Grassley seeks hearing on federal courts’ approach to handling sexual harrassment

This week, the Federal Judiciary Workplace Conduct Working Group released its report and recommendations, which covered a range of workplace conduct including sexual harassment.

Senator Chuck Grassley is not impressed with the final report, stating that “The report lacked very serious proposals and, in a sense, just kind of kicked the can down the road.” He wants Congressional hearings on the matter.

Stay tuned.

Federal courts announce recommendations for workplace changes

The Federal Judiciary Workplace Conduct Working Group, formed in the aftermath of the Alex Kozinski scandal, has issued its report and recommendations.

From the press release:

The recommendations include clarifying workplace standards and communications about how employees can raise formal complaints, removing barriers to reporting complaints, providing additional and less formal avenues for employees to seek expert advice and assistance on workplace conduct issues, and utilizing enhanced training on these subjects for judges and employees.

Several recommendations of the Working Group have already been implemented or are underway, such as clarifying that confidentiality rules in the Judiciary do not prevent law clerks or employees from reporting misconduct by judges. Many of the report’s recommendations require further action by the Judicial Conference.

The entire report can be found here.

Courts are big organizations…

…and they require a lot more manpower than what the public might see at first glance. Courts need judges, clerks, and staff attorneys, to be sure — but they also need custodians, security officers, chefs, IT professionals, accountants, operations administrators, and every other type of job that allows large organizations to operate smoothly.

That point was recently driven home by this quirky job posting on the website for the United States Bankruptcy Court for the District of Colorado:

Apply for the full-time position of Database Specialist or Programmer for the United States Bankruptcy Court for the District of Colorado, and join us as a respected and valued cog of the massive federal  bureaucracy.

We work eight-hour days, rarely ever work after hours, and are not on call. Best of all, we have a benefits package that even the largest corporate conglomerate can’t (read won’t) offer, including a healthcare plan shared by members of the Supreme Court, all Federal Holidays off, amazing amounts of paid leave and separate sick leave, inclusion in one of the best rated, lowest cost retirement funds, and wait for it . . . a generous, guaranteed annuity (pension) backed by the Federal Government! You can work and have a life.

This job description is not exactly imbued with the deep solemnity that John Roberts tries to cultivate in all aspects  of the federal courts’ public persona. But perhaps that is the point. It’s a job posting for a database specialist, not a judge, and is (evidently) written to attract the best candidates for that specific position. Some database specialists may dream of working specifically in the court system. But I suspect that most don’t care too much about the organization’s day-to-day work, as long as the job is interesting, pays well, and has good benefits.

Bravo to the supervisors who allowed this posting to go up, and for giving us glimpse into the real people who make the courts run.

Federal judiciary issues $7.22B budget request for FY19

Representatives of the federal judiciary testified before the House Appropriations Subcommittee on Financial Services and General Government today, issuing a budget request for $7.22 billion for Fiscal Year 2019. The request reflects an overall increase of 3.2 percent to maintain current services and fund priority initiatives — including $95 million for cybersecurity.

Seven billion dollars is nothing to sneeze at, but it represents a tiny fraction of the overall national budget (currently proposed at $4.41 trillion for FY19). The requested judicial budget is one percent of the White House’s 2019 allocation for national defense alone. It is, in the end, a remarkably small amount of money to fund the operations of  an entire branch of government.

N.B. — in the link above, the U.S. Courts helpfully included a video of the entire hearing before the House Appropriations Subcommittee. Remarkably, this act of transparency did not hopelessly compromise the integrity of the federal judiciary. It’s time to bring similar video technology into the courtroom.