Nixing 'Loophole' May Keep Judges Accountable Or On Bench

“In no other workplace besides the federal judiciary does the perpetrator's departure conclude the investigation into their misconduct," LAP’s President and Founder Aliza Shatzman told Law360’s Jack Karp. “Fleeing the scene of a crime doesn't exonerate you of your crime. It is only in the federal courts that these investigations cease” if the perpetrator retires or resigns to evade discipline. The TRUST Act would close the disturbing legal loophole that allows misbehaving judges to step down to evade accountability.

Shatzman pointed out that concluding a misconduct investigations simply because a judge has left the bench enables - and even emboldens - abusive former judges to mistreat employees in their next workplace. "If you don't know that the former judge you're working for is credibly accused of misconduct, if you don't have confidence that they have been reprimanded and remedially trained, there is no guarantee that the former judge won't go on to mistreat employees in their next workplace," Shatzman said.

Shatzman argues that judicial accountability is a bipartisan issue, since both Democratic- and Republican-appointed judges commit misconduct. And plenty of senators and members of Congress, as well as some of their staffers, have worked as law clerks, Shatzman pointed out. "Everybody knows somebody who's been affected by these issues. So it's theoretically something a lot of people can get behind," Shatzman said.

There’s not yet a companion bill in the Senate. But, Shatzman said she’ll “ensure this issue gets the attention it deserves. We really need Congress to hold the judiciary's feet to the fire because every year that legislation like this is not passed, there are dozens of abusive judges who are shielded from accountability.”