Congressman Johnson Introduces TRUST Act To Hold Judges Accountable for Misconduct

"Transparency and Responsibility in Upholding Standards in the Judiciary Act (TRUST Act)" Ensures Misconduct By Federal Judges Investigated Even If They Resign, Retire

WASHINGTON, D.C. -- Today, Congressman Hank Johnson (GA-04), Ranking Member of the Judiciary Subcommittee on Courts, Intellectual Property, Artificial Intelligence and the Internet, introduced the Transparency and Responsibility in Upholding Standards in the Judiciary Act (TRUST Act). The legislation ensures that pending misconduct complaints will still be fully investigated even if a federal judge resigns, retires, or passes away while under investigation.

All federal judges - other than Supreme Court justices - can face misconduct investigations if a formal complaint is filed. However, a loophole allows judges to resign or retire to halt an ongoing investigation. As a result, alleged misconduct often goes unexamined, and judges accused of wronging still retire with full pensions if they meet age and service requirements.

"They say sunlight is the best disinfectant," said Ranking Member Johnson. "To root out misconduct, we need sunlight on both the perpetrators and the systems that allowed the misconduct to continue. Judges and courts should not be allowed to sweep bad behavior under the rug. This is a necessary first step in ensuring that our courts are places of integrity and safe for judiciary employees."

In 2016, Chief Judge José Antonio Fusté of the U.S. District Court for the District of Puerto Rico resigned after a law clerk reported his alleged sexual harassment, stopping any investigation. Similarly, Ninth Circuit Judge Alex Kozinski resigned in 2017 amid allegations that he subjected female law clerks to inappropriate sexual behavior, similarly halting an inquiry.

WHAT THEY ARE SAYING

"The Legal Accountability Project (LAP) has long advocated for Congress to close the troubling loophole that allows judges to step down to evade accountability," said President and Founder Aliza Shatzman. "Particularly in light of former Minnesota bankruptcy judge Kesha Tanabe's recent resignation, likely to evade discipline, we applaud Rep. Johnson's efforts to introduce the TRUST Act, a common-sense fix that will foster greater trust among judiciary employees, lawyers, and the public in the courts. Given how rarely judicial law clerks are empowered to file misconduct complaints against judges, the judiciary should do everything in its power to fully investigate each complaint, even if the judge leaves the bench. LAP is grateful for Rep. Johnson's leadership, and we urge all members of Congress to support the TRUST Act."

"After the Judge Kozinski scandal, it was clear the judiciary needed to examine the circumstances that allowed such rank misconduct to continue for so long," said Fix the Court Executive Director Gabe Roth. "Though a new comment was added to the rules governing complaints saying the judiciary 'may [...] take action on potential institutional issues' after a resignation, that hasn't been good enough. Rep. Johnson's bill would ensure that post-resignation court officials have the statutory imperative to review both the complaint itself and the conditions that may have fostered impropriety, with an eye toward taking proactive steps to improve courthouse protocols and protect judiciary employees. It's a needed improvement, and I applaud Rep. Johnson's work."

"The proper functioning of our courts depends on an accountable judiciary," said Debra Perlin, Vice President for Policy at Citizens for Responsibility and Ethics in Washington (CREW). "But currently, if a judge who commits misconduct leaves office, the judiciary's investigation of that misconduct stops. Rep. Johnson's bill closes this loophole, ensuring that the judiciary's thorough investigation and review continues after a judge's departure. A judge's resignation does not absolve past misconduct, nor does it prevent such misconduct from recurring. The judiciary must investigate potential breaches of the public trust, and we urge Congress to pass this important legislation to require it to do just that."

"When a federal judge is accused of serious misconduct, including sexual harassment, they should be held accountable. But right now, there's a loophole that lets them off the hook. If they resign or retire, the investigation ends, no matter how serious the allegations," said Alison Gill, Director of Nominations & Democracy at the National Women's Law Center Action Fund. "The TRUST Act would finally close that loophole by making sure complaints are fully investigated, even if a judge steps down or passes away. We're grateful to Representative Johnson for championing this crucial bill to help promote accountability and integrity in our courts."

"Legal Momentum, The Women's Legal Defense and Education Fund is proud to endorse the TRUST Act to strengthen protections for judicial workers and to hold the system and individuals accountable for misconduct," said Legal Director Azaleea Carlea. "As civil servants, federal judicial workers deserve the opportunity to fully seek justice and closure for workplace violations. Judges must also be held accountable for the very behavior they are tasked with reprimanding even after they step down from the bench. This bill is a historic step in the right direction to support women and their ability to perform their duties in a safe and supportive environment, which in turn advances a more equitable workplace for all."

Text of bill HERE.

Cosponsors: Eleanor Holmes Norton [DC00], Jasmine Crockett [TX30], Yvette D. Clarke [NY09], Valerie P. Foushee [NC04, Lloyd Doggett [TX37], Deborah K. Ross [NC02], Rashida Tlaib [MI12], Alexandria Ocasio-Cortez [NY14], Madeleine Dean [PA04].

The TRUST Act is endorsed by Legal Momentum, People's Parity Project, National Women's Law Center Action Fund, Citizens For Responsibility and Ethics in Washington (CREW), and The Legal Accountability Project.

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