Federal Judiciary Workplace Resources

Processes

Considering Your Options

Informal Advice under the EDR Plan

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    “An Employee may contact an EDR Coordinator, Circuit Director of Workplace Relations, or the national Office of Judicial Integrity for confidential advice and guidance . . .” Model EDR Plan, § IV.C.1.

    Use this Option if . . .

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    • You want to make a confidential inquiry to a DWR, the OJI, or an EDR Coordinator
    • You want to learn about all of your options based on the situation
    • You want to ask questions about all possible concerns before disclosing any information
    • You want no formal action to be taken or are unsure what options you wish to pursue, if any

     

    Note: If you disclose information about a threat to someone’s safety or security or to the integrity of the Judiciary, some limited disclosure may be required. See Model EDR Plan, § IV.B.1.

Reporting Formally

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    “The Judiciary encourages early reporting and action on wrongful conduct. Employees who experience, observe, or learn of reliable evidence of sexual, racial, or other discriminatory harassment or abusive conduct are strongly encouraged to take appropriate action, including reporting it to a[n] . . . Employment Dispute Resolution (“EDR”) Coordinator, . . . Circuit Director of Workplace Relations, or to the national Office of Judicial Integrity. . . . Court and chambers’ confidentiality requirements do not prevent any Employee—including law clerks—from revealing or reporting wrongful conduct by any person. Model EDR Plan, § III.
    If a chief circuit judge has information constituting reasonable grounds for inquiry into whether a federal judge has engaged in misconduct or has a disability, the chief judge may conduct an inquiry as he or she deems appropriate.”See JC&D Rule 5.

    Use this Option if . . .

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    You believe you or someone else has experienced wrongful conduct under the EDR Plan, or misconduct by a judge, and you want to make a confidential report to a DWR or the OJI

     

    Note: 
    Reporter has control of where they report, including to DWR or the OJI
    Reporter has control of what they disclose and in what level of detail
    • Report may or may not disclose the alleged victim
    • Report may or may not disclose the alleged bad actor
    • Report may or may not disclose all details of the conduct
    Reporter may request (but not control) what action they want to be taken, including sending the report to the chief circuit judge
    Employees may report anonymously to the OJI
    DWRs and the OJI can aggregate information
    DWRs and the OJI can use information to inform training even if no action is taken

EDR Request for Assisted Resolution

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    “Assisted Resolution is an interactive, flexible process that may include: discussing the matter with the person whose behavior is of concern; conducting a preliminary investigation, including interviewing persons alleged to have violated rights under this Plan and witnesses to the conduct; engaging in voluntary mediation between the persons involved; and/or resolving the matter by agreement.” Model EDR Plan, § IV.C.2.

    Use this Option if ...

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    You believe you have experienced wrongful conduct and you want to work with the court to determine a resolution to the issue

     

    Note: Necessary information will be shared with those whose involvement is necessary to address the situation. See Model EDR Plan, § IV.B.1.

EDR Formal Complaint

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    “An Employee may file a Formal Complaint . . . with any of the Court’s EDR Coordinators to address a claim of wrongful conduct.” Model EDR Plan, § IV.C.3.

    Use this Option if ...

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    You believe you have experienced wrongful conduct and you want a federal judge to oversee and adjudicate a Complaint of wrongful conduct (including ordering remedies if the judge finds a violation of the EDR Plan)

     

    Note: Necessary information will be shared with those whose involvement is necessary to address the situation. See Model EDR Plan, § IV.B.1.

Complaint under the JC&D Rules

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    A complainant may file a complaint alleging a federal judge’s misconduct or disability for consideration by the Chief Circuit Judge. See JC&D Rules 6; 7; 11.

    Use this Option if ...

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    You believe a judge has committed misconduct or has a disability and you want the chief circuit judge and/or the circuit judicial council to decide

     

    Note: Necessary information will be shared with those who need to know, including subject judge. See JC&D Rules 8(b); 15; 23.