AYESHA RASCOE, HOST:
An NPR investigation has uncovered problems with the way the federal judiciary polices complaints about abuse and harassment. Justice correspondent Carrie Johnson spent nearly a year talking to people in and outside the courts, and she found a widespread culture of fear about reporting judges who behave badly. Carrie joins us now to talk about her reporting. Hi, Carrie.
CARRIE JOHNSON, BYLINE: Hi there.
RASCOE: So what got you started on this project?
JOHNSON: I've been really interested in power and accountability, and federal judges have a lot of power. They serve for life. They often hire clerks just out of law school to help them in chambers. But the judge is really in charge of what happens inside his or her chambers. And when those judges are bullies or harassers, that can really mean terrible things for the young law clerks.
RASCOE: So you spoke to 42 people. What stands out from what they told you?
JOHNSON: These are all current or former employees of the federal courts. They told me about bad experiences they had working for more than two dozen judges. Those judges are men and women, Democrats and Republicans, older and younger. And by far, the most common complaint I heard was about abusive or hostile behavior - bullying. But these are situations that went way beyond a few harsh words and into yelling, and even in a few cases, fear that a judge might hit a law clerk or throw something at them.
RASCOE: Is there something of a culture of secrecy inside federal courthouses?
JOHNSON: Yeah, clerks and other employees are warned about protecting confidential information. They're really not supposed to talk about cases or how judges reach their decisions, and they're not supposed to talk about anything else that happens behind closed doors there. They get warnings in the beginning of their jobs and in the middle of their jobs, too. That said, a small number of former clerks decided to speak with me about their experience. One of them clerked years ago for a federal judge in Puerto Rico. She was afraid to talk on tape, so we got a voice actor to say her words verbatim.
UNIDENTIFIED CLERK: (Through voice actor) There was a moment when he was traveling, and I think he was traveling in Boston and he came back. He gave me a huge hug. And I remember that when we pulled away from the hug, he tried to kiss me on the lips. And, again, I was just shocked.
JOHNSON: That clerk says she tried to report the judge, Jose Antonio Fuste, but nothing ever happened until 2016, when he retired with full benefits after another clerk reported him. I tried to reach the judge for comment, but he did not respond to phone calls or an email or to messages that I sent to his relatives.
RASCOE: Carrie, what are the courts saying about your investigation?
JOHNSON: Well, first of all, it's important to know, the federal courts are kind of a patchwork. So each court system around the country has its own rules and systems and processes, but the administrative office of the courts here in D.C. handles all kinds of policy and administration. A spokesperson there told me they've put in place a lot of changes since the #MeToo movement seven years ago.
They say those changes have had a really positive impact. And three of the judges in my story have all left the bench. They say they're continuing to make improvements for workers. But I've heard from many new people in the past week since our investigation aired, reporting concerns and wrongdoing, and I'll be following up on their struggles this year.
RASCOE: NPR justice correspondent Carrie Johnson. We will be listening for more. Thank you so much.
JOHNSON: Thanks for having me. Transcript provided by NPR, Copyright NPR.
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