Federal Court Leak — No, Not That One — Under Investigation

// Last week, news of a workplace survey conducted in the D.C. district and circuit courts broke. Chief Judge Sri Srinivasan reportedly said the survey — which was completed by more than 400 current and former court employees — was conducted as part of an effort to ensure all employees are treated with dignity and respect.

As part of that survey, allegations of discrimination and bullying have come to light (including D.C. Circuit Judge Karen L. Henderson’s hiring record of just one woman in her 30+ years on the bench). Respondents also revealed they were hesitant to file formal complaints against judges — a refrain we’ve heard before — as they feared retaliation or that their concerns would not be taken seriously by the other judges reviewing them.

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But now, as seems to be the trend for lawyerly types, the focus is turning to the disclosure of the information rather than what was revealed. As reported by the Washington Post, federal court officials will be investigating the leak:

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Srinivasan said Thursday that leaders of the U.S. District Court and U.S. Court of Appeals for the D.C. Circuit initiated the survey last year to “better understand our employees’ workplace experiences, and employees who completed the survey did so on the understanding that their responses would be used only for that purpose and kept confidential.”

“The leak of a confidential document compiling the responses was a serious breach of that understanding and must be investigated,” he said in a statement. Srinivasan did not respond to questions seeking further details about the inquiry.

And sure, no one wants to out folks who report discrimination or other problematic behavior — and that hasn’t even been alleged here. But there’s undoubtedly added pressure on the D.C. courts *because* of the leak and maybe, just maybe, that can lead to some real change.

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Kathryn Rubino is a Senior Editor at Above the Law, host of The Jabot podcast, and co-host of Thinking Like A Lawyer. 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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Courts, D.C. Circuit, Sri Srinivasan, The Jabot