Federal Judges

Senator Pissed Basically Nothing Bad Happens To Retired Federal Judges Accused Of Sexual Harassment

So “no work, all pay” for retired judges facing sexual harassment allegations.

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Judge Kozinski

For those that followed the sexual harassment allegations against once-admired federal judge Alex Kozinski, one of the most frustrating aspects was that once he retired, the investigation into his behavior ended. The lack of finality — and accountability — seems counterintuitive for the body charged with the administration of justice, but that’s just how the law works.

This inconsistency was under interrogation during the testimony at today’s Senate Judiciary Committee hearing on sexual misconduct in the judiciary. As reported by Big Law Business, according to testimony from James C. Duff, director of the Administrative Office of the U.S. Courts, the law that authorizes judicial investigations, the Judicial Conduct and Disability Act of 1980, just doesn’t apply to retired judges. That means the only potential consequence for judges that retire in the face of allegations [cough, Kozinski, cough] is the cumbersome (and unlikely) process of impeachment. And yes — they still get full retirement benefits:

So “no work, all pay,” [Senator Richard Blumenthal (D-Conn.)] said.

“If a judge continues to get paid after committing such a crime, shouldn’t the judiciary be able to pursue him?” he asked Duff.

Duff replied that the judiciary has no authority to stop the pay.

“That’s what I think should change,” Blumenthal said.

Some argue that even with a full government pension, Kozinski is being held accountable for his alleged actions:

In Kozinski’s case, just because he avoided discipline doesn’t mean that he’s “effectively unaccountable for his misconduct,” judicial ethics professor Charles Gardner Geyh told Bloomberg Law in February.

“He quit to avoid being fired. He lost his job and his legacy. His career is over. He will be remembered as a judge who resigned in disgrace,” Geyh said.

Whether this is enough is up for debate “but for someone of Kozinski’s stature, it is something,” he said.

And while it is certainly true that Kozinski isn’t as revered as he once was, a full investigation into what actually happened in the judge’s chambers is likely to have been much worse for him. As former Kozinski clerk and current Wilson Sonsini Goodrich & Rosati partner Katherine Ku noted, without the benefit of a full investigation and findings into the judge’s behavior, if and when Kozinski tries tries to reintegrate himself into the legal industry — say as law professor or mediator — those making the decision to hire him will not have the full information before them to know if it is appropriate.

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Just another reason Senator Blumenthal is right, and this needs to change.

headshotKathryn Rubino is an editor at Above the Law. AtL tipsters are the best, so please connect with her. Feel free to email her with any tips, questions, or comments and follow her on Twitter (@Kathryn1).

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