{"id":147012,"date":"2026-03-24T15:01:31","date_gmt":"2026-03-24T23:01:31","guid":{"rendered":"https:\/\/xira.com\/p\/2026\/03\/24\/the-judiciary-is-still-unaccountable-and-this-congress-wont-fix-it\/"},"modified":"2026-03-24T15:01:31","modified_gmt":"2026-03-24T23:01:31","slug":"the-judiciary-is-still-unaccountable-and-this-congress-wont-fix-it","status":"publish","type":"post","link":"https:\/\/xira.com\/p\/2026\/03\/24\/the-judiciary-is-still-unaccountable-and-this-congress-wont-fix-it\/","title":{"rendered":"The Judiciary Is Still Unaccountable, And This Congress Won\u2019t Fix It"},"content":{"rendered":"
\"\"
<\/figcaption><\/figure>\n

The judiciary is <\/em>uniquely insulated<\/em><\/a> from scrutiny, and uniquely unaccountable to the public<\/em>, I told the House Judiciary Committee\u2019s Subcommittee on the Courts, Intellectual Property, and the Internet four years ago this month, in written testimony<\/a> to advocate for the Judiciary Accountability Act (JAA). That legislation, which I\u2019ve since helped reintroduce<\/a>, would finally extend Title VII of the Civil Rights Act and other federal anti-discrimination protections to more than 30,000 exempt <\/em>judiciary employees, including law clerks like myself, permanent court staff, and public defenders<\/a>. Back then, I was a family law attorney trying to regain my footing after I was harassed, fired, and retaliated against during and after my judicial clerkship. Not only was I singled out for mistreatment and fired during the COVID-19 pandemic but, a year later, after securing my dream job at the U.S. Attorney\u2019s Office (USAO), then then-judge provided a false, negative reference about me, causing the USAO to deny me a security clearance and revoke my job offer. Unlike most mistreated clerks, I not only filed a complaint, but I turned my negative experience into something positive, launching The Legal Accountability Project<\/a> (LAP) to correct injustices I personally experienced as a student and clerk, including a lack of transparency in clerkship hiring and a lack of accountability for judges who abuse their power.<\/p>\n

Over the past four years, LAP sparked a nationwide clerkship transparency and judicial accountability movement through innovative legal technology<\/a>, legislative advocacy<\/a>, and thought leadership<\/a>. Our nationwide Clerkships Database<\/a> (\u201cGlassdoor for Judges\u201d), which celebrates its second birthday next month, has already served over 4,000 law students and recent graduates with candid clerkship information. LAP\u2019s Database contains over 2,000 honest reviews about more than 1,200 judges. Law clerks review the judges they worked for \u2014 anonymously if they choose; judges cannot access it, ensuring honest feedback; and students pay a small fee to access exponentially more information than they otherwise could when applying for clerkships. It\u2019s the resource I wish existed as a Washington University School of Law student applying for clerkships a decade ago, inspired by my school\u2019s inaction: WashU failed to warn me that the judge who mistreated me had mistreated others, and those clerks had no safe place to share their experience without fear of retribution.\u00a0<\/p>\n

LAP advocates<\/a> for both the JAA<\/a> and the TRUST Act<\/a>, which would revise the judicial complaint process so misconduct investigations can continue even after judges step down to evade accountability \u2014 inspired by former judge Kesha Tanabe\u2019s resignation<\/a> under those circumstances, and still necessary, since former judge Mark Wolf<\/a> did the same thing late last year. We\u2019ve also urged Congress<\/a> to use oversight, appropriations, and the bully pulpit to force change. While some congressional staffers may not appreciate my descriptions of their bosses\u2019 infuriating inaction \u2014 spineless, feckless, cowardly, and overly cautious \u2014 I wouldn\u2019t criticize if Congress did its job. The judiciary deserves blame for refusing to implement reform, but so does Congress. These are congressional problems requiring congressional solutions. Congress\u2019 shameful failure to act by reintroducing legislation<\/a>; sending oversight letters, holding a shadow hearing, and asking questions about workplace conduct when judiciary officials appear before Congress<\/a>; tying the judiciary\u2019s budget request<\/a> to meaningful benchmarks for ethics reform; and using the bully pulpit to educate the public about the scope of the problem and change hearts and minds, must be called out until they do. Congress seems intent on burying their heads in the sand and basically enabling judicial misconduct, given what a light lift an oversight letter is and the variety of arguably less urgent topics members wade into instead.\u00a0<\/p>\n

Legal academia and the judiciary look very different from just four years ago. Today\u2019s law students won\u2019t remember a time when clerkship hiring was less than transparent<\/a>. Law clerks won\u2019t remember when negative clerkship experiences weren\u2019t discussed, and when mistreated clerks had nowhere to go for support. The media covers harassment in the courts (though some publications remain silent) and it\u2019s a topic of mainstream discussion. Attorneys and law school administrators no longer pretend clerkships are universally positive experiences and even provide platforms to discuss negative ones. Schools promote LAP\u2019s Database to students \u2014 even some that used to tell students I wanted to \u201cabolish clerkships\u201d \u2014 and a handful even pay to subscribe. It\u2019s a total shift in the zeitgeist.\u00a0<\/p>\n

We\u2019ve pressured the judiciary to release data and reports<\/a> they probably otherwise wouldn\u2019t have; to make some policy changes; and to discipline some judges<\/a>, even getting a few off the bench entirely. As a former mistreated clerk whose life and career were upended by the flawed systems I\u2019m working to fix \u2014 and someone who\u2019s impatient with the pace of change \u2014 systemic progress feels glacial. Frankly, until we have a judiciary expert in Congress \u2014 and more members who understand their oversight responsibility and care about holding those who abuse their power accountable \u2014 these problems won\u2019t be solved from within.\u00a0<\/p>\n

There\u2019s much more work to do. LAP has inspired some clerks to report misconduct<\/a>. We also file complaints ourselves<\/a>. But more must report. At least 106 law clerks endured actionable wrongful conduct<\/a> in 2023, according to the judiciary\u2019s own survey<\/a> \u2014 a survey the judiciary has not repeated since then, and one for which not one single member of Congress<\/em><\/a> has asked a single question or sent a single oversight letter<\/em>. If even a quarter of them filed complaints, it would be a sea change that would force the judiciary\u2019s hand \u2014 if only to avoid bad press \u2014 to invest time, hire more investigators, request more money from Congress, and either discipline those judges or make meaningful policy changes (or both). We\u2019ve also proven whistleblowing is impactful, not shameful<\/a>: those who\u2019ve reported have been applauded, not scorned or retaliated against.\u00a0\u00a0<\/p>\n

Sadly, the judiciary won\u2019t implement reforms unless Congress forces them to, and they know Congress won\u2019t. Spineless congressional Democrats are too cautious, too comfortable, solely obsessed with Trump, and believe constituents won\u2019t hold them accountable for refusing to act. I\u2019ve never encountered more cowardly political tribalism on a particularly bipartisan issue, considering both Democratic<\/a> and Republican<\/a> judicial appointees harass their clerks, and both liberal<\/a> and conservative clerks<\/a> endure mistreatment without recourse. House Judiciary Democrats won\u2019t hold Democratic appointees, or judges who\u2019ve ruled against the Trump administration<\/a>, accountable because they fear they\u2019d be replaced with Trump sycophants. Ironically, \u201cJudiciary\u201d is in the Committee\u2019s name, yet there\u2019s been no action for years on judicial accountability. Even when Democrats had the House majority, they did basically nothing to hold judges accountable. Democrats\u2019 statements about accountability and transparency for Trump administration abuses of power ring hollow, when they refuse to hold judges \u2014 the most powerful and unaccountable members of our government \u2014 accountable. What hypocrisy.\u00a0<\/p>\n

The federal judiciary is at least<\/em> as unaccountable as the president: exempt from many laws while wielding enormous power over the country. Yet unaccountable judges will be on the bench far longer than Trump will be in power and, given how unlikely Congress is to hold judges accountable anytime soon, judges will be above the law far longer.\u00a0\u00a0<\/p>\n

Congress won\u2019t engage even when judicial misconduct is in the news<\/a>. Consider this: the clerk who filed the complaint against Judge Lydia Kay Griggsby<\/a> is a constituent of a House Judiciary Democrat, yet their congresswoman refused to send an oversight letter to the Administrative Office of the U.S. Courts (AO) regarding the judiciary\u2019s aforementioned workplace climate survey, even after I provided her office with what she\u2019d need to simply sign her name and offered to write the letter myself. I\u2019ve told that congresswoman and her staff that she\u2019s not doing her job of conducting oversight over the courts. Her constituents should hold her accountable, but she probably assumes they won\u2019t know, understand, or care. I think voters are smarter than that, and they care about corruption<\/a> and abuses of power as much as kitchen table issues.\u00a0<\/p>\n

Most people understand this disturbing irony: judges<\/em> interpret our laws while not subject to those same laws, <\/em>committing misconduct behind the bench while adjudicating others\u2019 misconduct in front of the bench. Judges rule on Title VII (harassment) cases while under investigation for harassment. We cannot trust judges to be fair and impartial arbiters of disputes when their own workplace conduct is so lawless.\u00a0<\/p>\n

We are not powerless. I couldn\u2019t in good conscience<\/a> encourage anyone to apply for clerkships without subscribing to LAP\u2019s Database<\/a>. Applicants should take agency over their lives and careers and inform themselves before applying. And clerks should submit surveys<\/a> \u2014 positive, negative, or nuanced. LAP wants to hear everything. This is accountability through transparency. Mistreated clerks say they wish this resource existed when they were applying; and if they knew how bad their clerkships would be, they wouldn\u2019t have accepted them. Now, they should file complaints. It\u2019s more empowering than it is daunting.\u00a0<\/p>\n

And the public should make their voices heard regarding lawless judges. Do we want judges interpreting our laws and deciding our rights who are above the law<\/em>? Whether you clerked or not, whether you\u2019re an attorney or not \u2014 the lack of accountability in our judiciary threatens all of us<\/em>. Tell your member of Congress to send an oversight letter, sign onto legislation, withhold judiciary funding until reforms are implemented, pen an op-ed, or use the bully pulpit right now. And if they won\u2019t act, 2026 is an election year: fire them and replace them with someone who will.\u00a0<\/p>\n

It\u2019s easy to lose sight of the cultural change LAP has created. I get frustrated when institutions with the resources to solve these problems won\u2019t act, knowing more clerks will endure what I endured in the meantime. As someone who identified an unmet need four years ago and filled the void myself, there\u2019s no one more motivated to create meaningful change than someone working to fix systems that personally screwed them over.\u00a0\u00a0<\/p>\n

\n

Aliza Shatzman is the President and Founder of\u00a0<\/em><\/strong>The Legal Accountability Project<\/em><\/strong><\/a>, a nonprofit aimed at ensuring that law clerks have positive clerkship experiences, while extending support and resources to those who do not. She regularly writes and speaks about judicial accountability and clerkships. Reach out to her via email at\u00a0<\/em><\/strong>Aliza.Shatzman@legalaccountabilityproject.org<\/em><\/strong><\/a>\u00a0and follow her on Twitter @AlizaShatzman.<\/em><\/strong><\/p>\n

The post The Judiciary Is Still Unaccountable, And This Congress Won\u2019t Fix It<\/a> appeared first on Above the Law<\/a>.<\/p>\n

\"\"
<\/figcaption><\/figure>\n

The judiciary is <\/em>uniquely insulated<\/em><\/a> from scrutiny, and uniquely unaccountable to the public<\/em>, I told the House Judiciary Committee\u2019s Subcommittee on the Courts, Intellectual Property, and the Internet four years ago this month, in written testimony<\/a> to advocate for the Judiciary Accountability Act (JAA). That legislation, which I\u2019ve since helped reintroduce<\/a>, would finally extend Title VII of the Civil Rights Act and other federal anti-discrimination protections to more than 30,000 exempt <\/em>judiciary employees, including law clerks like myself, permanent court staff, and public defenders<\/a>. Back then, I was a family law attorney trying to regain my footing after I was harassed, fired, and retaliated against during and after my judicial clerkship. Not only was I singled out for mistreatment and fired during the COVID-19 pandemic but, a year later, after securing my dream job at the U.S. Attorney\u2019s Office (USAO), then then-judge provided a false, negative reference about me, causing the USAO to deny me a security clearance and revoke my job offer. Unlike most mistreated clerks, I not only filed a complaint, but I turned my negative experience into something positive, launching The Legal Accountability Project<\/a> (LAP) to correct injustices I personally experienced as a student and clerk, including a lack of transparency in clerkship hiring and a lack of accountability for judges who abuse their power.<\/p>\n

Over the past four years, LAP sparked a nationwide clerkship transparency and judicial accountability movement through innovative legal technology<\/a>, legislative advocacy<\/a>, and thought leadership<\/a>. Our nationwide Clerkships Database<\/a> (\u201cGlassdoor for Judges\u201d), which celebrates its second birthday next month, has already served over 4,000 law students and recent graduates with candid clerkship information. LAP\u2019s Database contains over 2,000 honest reviews about more than 1,200 judges. Law clerks review the judges they worked for \u2014 anonymously if they choose; judges cannot access it, ensuring honest feedback; and students pay a small fee to access exponentially more information than they otherwise could when applying for clerkships. It\u2019s the resource I wish existed as a Washington University School of Law student applying for clerkships a decade ago, inspired by my school\u2019s inaction: WashU failed to warn me that the judge who mistreated me had mistreated others, and those clerks had no safe place to share their experience without fear of retribution.\u00a0<\/p>\n

LAP advocates<\/a> for both the JAA<\/a> and the TRUST Act<\/a>, which would revise the judicial complaint process so misconduct investigations can continue even after judges step down to evade accountability \u2014 inspired by former judge Kesha Tanabe\u2019s resignation<\/a> under those circumstances, and still necessary, since former judge Mark Wolf<\/a> did the same thing late last year. We\u2019ve also urged Congress<\/a> to use oversight, appropriations, and the bully pulpit to force change. While some congressional staffers may not appreciate my descriptions of their bosses\u2019 infuriating inaction \u2014 spineless, feckless, cowardly, and overly cautious \u2014 I wouldn\u2019t criticize if Congress did its job. The judiciary deserves blame for refusing to implement reform, but so does Congress. These are congressional problems requiring congressional solutions. Congress\u2019 shameful failure to act by reintroducing legislation<\/a>; sending oversight letters, holding a shadow hearing, and asking questions about workplace conduct when judiciary officials appear before Congress<\/a>; tying the judiciary\u2019s budget request<\/a> to meaningful benchmarks for ethics reform; and using the bully pulpit to educate the public about the scope of the problem and change hearts and minds, must be called out until they do. Congress seems intent on burying their heads in the sand and basically enabling judicial misconduct, given what a light lift an oversight letter is and the variety of arguably less urgent topics members wade into instead.\u00a0<\/p>\n

Legal academia and the judiciary look very different from just four years ago. Today\u2019s law students won\u2019t remember a time when clerkship hiring was less than transparent<\/a>. Law clerks won\u2019t remember when negative clerkship experiences weren\u2019t discussed, and when mistreated clerks had nowhere to go for support. The media covers harassment in the courts (though some publications remain silent) and it\u2019s a topic of mainstream discussion. Attorneys and law school administrators no longer pretend clerkships are universally positive experiences and even provide platforms to discuss negative ones. Schools promote LAP\u2019s Database to students \u2014 even some that used to tell students I wanted to \u201cabolish clerkships\u201d \u2014 and a handful even pay to subscribe. It\u2019s a total shift in the zeitgeist.\u00a0<\/p>\n

We\u2019ve pressured the judiciary to release data and reports<\/a> they probably otherwise wouldn\u2019t have; to make some policy changes; and to discipline some judges<\/a>, even getting a few off the bench entirely. As a former mistreated clerk whose life and career were upended by the flawed systems I\u2019m working to fix \u2014 and someone who\u2019s impatient with the pace of change \u2014 systemic progress feels glacial. Frankly, until we have a judiciary expert in Congress \u2014 and more members who understand their oversight responsibility and care about holding those who abuse their power accountable \u2014 these problems won\u2019t be solved from within.\u00a0<\/p>\n

There\u2019s much more work to do. LAP has inspired some clerks to report misconduct<\/a>. We also file complaints ourselves<\/a>. But more must report. At least 106 law clerks endured actionable wrongful conduct<\/a> in 2023, according to the judiciary\u2019s own survey<\/a> \u2014 a survey the judiciary has not repeated since then, and one for which not one single member of Congress<\/em><\/a> has asked a single question or sent a single oversight letter<\/em>. If even a quarter of them filed complaints, it would be a sea change that would force the judiciary\u2019s hand \u2014 if only to avoid bad press \u2014 to invest time, hire more investigators, request more money from Congress, and either discipline those judges or make meaningful policy changes (or both). We\u2019ve also proven whistleblowing is impactful, not shameful<\/a>: those who\u2019ve reported have been applauded, not scorned or retaliated against.\u00a0\u00a0<\/p>\n

Sadly, the judiciary won\u2019t implement reforms unless Congress forces them to, and they know Congress won\u2019t. Spineless congressional Democrats are too cautious, too comfortable, solely obsessed with Trump, and believe constituents won\u2019t hold them accountable for refusing to act. I\u2019ve never encountered more cowardly political tribalism on a particularly bipartisan issue, considering both Democratic<\/a> and Republican<\/a> judicial appointees harass their clerks, and both liberal<\/a> and conservative clerks<\/a> endure mistreatment without recourse. House Judiciary Democrats won\u2019t hold Democratic appointees, or judges who\u2019ve ruled against the Trump administration<\/a>, accountable because they fear they\u2019d be replaced with Trump sycophants. Ironically, \u201cJudiciary\u201d is in the Committee\u2019s name, yet there\u2019s been no action for years on judicial accountability. Even when Democrats had the House majority, they did basically nothing to hold judges accountable. Democrats\u2019 statements about accountability and transparency for Trump administration abuses of power ring hollow, when they refuse to hold judges \u2014 the most powerful and unaccountable members of our government \u2014 accountable. What hypocrisy.\u00a0<\/p>\n

The federal judiciary is at least<\/em> as unaccountable as the president: exempt from many laws while wielding enormous power over the country. Yet unaccountable judges will be on the bench far longer than Trump will be in power and, given how unlikely Congress is to hold judges accountable anytime soon, judges will be above the law far longer.\u00a0\u00a0<\/p>\n

Congress won\u2019t engage even when judicial misconduct is in the news<\/a>. Consider this: the clerk who filed the complaint against Judge Lydia Kay Griggsby<\/a> is a constituent of a House Judiciary Democrat, yet their congresswoman refused to send an oversight letter to the Administrative Office of the U.S. Courts (AO) regarding the judiciary\u2019s aforementioned workplace climate survey, even after I provided her office with what she\u2019d need to simply sign her name and offered to write the letter myself. I\u2019ve told that congresswoman and her staff that she\u2019s not doing her job of conducting oversight over the courts. Her constituents should hold her accountable, but she probably assumes they won\u2019t know, understand, or care. I think voters are smarter than that, and they care about corruption<\/a> and abuses of power as much as kitchen table issues.\u00a0<\/p>\n

Most people understand this disturbing irony: judges<\/em> interpret our laws while not subject to those same laws, <\/em>committing misconduct behind the bench while adjudicating others\u2019 misconduct in front of the bench. Judges rule on Title VII (harassment) cases while under investigation for harassment. We cannot trust judges to be fair and impartial arbiters of disputes when their own workplace conduct is so lawless.\u00a0<\/p>\n

We are not powerless. I couldn\u2019t in good conscience<\/a> encourage anyone to apply for clerkships without subscribing to LAP\u2019s Database<\/a>. Applicants should take agency over their lives and careers and inform themselves before applying. And clerks should submit surveys<\/a> \u2014 positive, negative, or nuanced. LAP wants to hear everything. This is accountability through transparency. Mistreated clerks say they wish this resource existed when they were applying; and if they knew how bad their clerkships would be, they wouldn\u2019t have accepted them. Now, they should file complaints. It\u2019s more empowering than it is daunting.\u00a0<\/p>\n

And the public should make their voices heard regarding lawless judges. Do we want judges interpreting our laws and deciding our rights who are above the law<\/em>? Whether you clerked or not, whether you\u2019re an attorney or not \u2014 the lack of accountability in our judiciary threatens all of us<\/em>. Tell your member of Congress to send an oversight letter, sign onto legislation, withhold judiciary funding until reforms are implemented, pen an op-ed, or use the bully pulpit right now. And if they won\u2019t act, 2026 is an election year: fire them and replace them with someone who will.\u00a0<\/p>\n

It\u2019s easy to lose sight of the cultural change LAP has created. I get frustrated when institutions with the resources to solve these problems won\u2019t act, knowing more clerks will endure what I endured in the meantime. As someone who identified an unmet need four years ago and filled the void myself, there\u2019s no one more motivated to create meaningful change than someone working to fix systems that personally screwed them over.\u00a0\u00a0<\/p>\n

\n

Aliza Shatzman is the President and Founder of\u00a0<\/em><\/strong>The Legal Accountability Project<\/em><\/strong><\/a>, a nonprofit aimed at ensuring that law clerks have positive clerkship experiences, while extending support and resources to those who do not. She regularly writes and speaks about judicial accountability and clerkships. Reach out to her via email at\u00a0<\/em><\/strong>Aliza.Shatzman@legalaccountabilityproject.org<\/em><\/strong><\/a>\u00a0and follow her on Twitter @AlizaShatzman.<\/em><\/strong><\/p>\n

The post The Judiciary Is Still Unaccountable, And This Congress Won\u2019t Fix It<\/a> appeared first on Above the Law<\/a>.<\/p>\n","protected":false},"excerpt":{"rendered":"

The judiciary is uniquely insulated from scrutiny, and uniquely unaccountable to the public, I told the House Judiciary Committee\u2019s Subcommittee on the Courts, Intellectual Property, and the Internet four years ago this month, in written testimony to advocate for the Judiciary Accountability Act (JAA). That legislation, which I\u2019ve since helped reintroduce, would finally extend Title […]<\/p>\n","protected":false},"author":3,"featured_media":147013,"comment_status":"","ping_status":"","sticky":false,"template":"","format":"standard","meta":{"_et_pb_use_builder":"","_et_pb_old_content":"","_et_gb_content_width":"","_jetpack_memberships_contains_paid_content":false,"footnotes":""},"categories":[16],"tags":[],"class_list":["post-147012","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-above_the_law"],"jetpack_featured_media_url":"https:\/\/i0.wp.com\/xira.com\/p\/wp-content\/uploads\/2026\/03\/GettyImages-2144144971-1024x860-Cj9ig7.jpg?fit=1024%2C860&ssl=1","jetpack_sharing_enabled":true,"_links":{"self":[{"href":"https:\/\/xira.com\/p\/wp-json\/wp\/v2\/posts\/147012","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/xira.com\/p\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/xira.com\/p\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/xira.com\/p\/wp-json\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"https:\/\/xira.com\/p\/wp-json\/wp\/v2\/comments?post=147012"}],"version-history":[{"count":0,"href":"https:\/\/xira.com\/p\/wp-json\/wp\/v2\/posts\/147012\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/xira.com\/p\/wp-json\/wp\/v2\/media\/147013"}],"wp:attachment":[{"href":"https:\/\/xira.com\/p\/wp-json\/wp\/v2\/media?parent=147012"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/xira.com\/p\/wp-json\/wp\/v2\/categories?post=147012"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/xira.com\/p\/wp-json\/wp\/v2\/tags?post=147012"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}