US judge acknowledges 'abusive workplace' after ex-clerk files complaint

By Nate Raymond

Feb 10 (Reuters) - A federal judge has acknowledged that the environment in her court chambers for a time "resulted in an abusive workplace," and has agreed to take steps to improve its conditions following a judicial misconduct complaint by a former law clerk.

Chief U.S. Circuit Judge Albert Diaz of the 4th U.S. Circuit Court of Appeals in an order released on Tuesday detailed the results of an inquiry into a judge accused by an ex-clerk of subjecting him to bullying, harassment, and other abusive conduct during the COVID-19 pandemic.

While unnamed in Diaz's order, the judge is U.S. District Judge Lydia Kay Griggsby, a Maryland-based judge appointed by Democratic former President Joe Biden in 2021, according to Aliza Shatzman, who founded the non-profit group Legal Accountability Project, which advocates on behalf of law clerks.

Shatzman said she assisted the unnamed clerk in preparing the complaint, which was filed years after the Administrative Office of the U.S. Courts in 2022 reassigned him and a co-clerk who was also working for Griggsby.

NPR first reported on the claims against Griggsby, who is presiding over the ongoing criminal tax fraud trial of former U.S. Supreme Court lawyer Thomas Goldstein.

A court official declined comment on Griggsby's behalf.

Diaz's order marked the latest instance of the judiciary trying to police itself amid an ongoing debate about whether the court system is doing enough to address allegations of workplace misconduct.

The judiciary is not covered by federal anti-discrimination laws that protect other federal employees. Instead, its 30,000 employees must resolve workplace misconduct issues through internal dispute resolution processes or judicial misconduct complaints like the one Diaz reviewed.

Diaz, in addressing the complaint, said "At least some of the allegations against the subject judge may be explained by poor communication, unstated assumptions, or misunderstandings between the judge and the law clerks."

But he said the judge acknowledges having fostered a workplace culture where both clerks "were afraid to ask questions and felt compelled to go to great lengths to avoid incurring the judge’s displeasure."

"The clerks described how the judge chastised them for minor errors, provided minimal training and limited guidance, discouraged questions, and gave harsh feedback," said Diaz, who said other former clerks reported experiencing similar issues.

Diaz said that while the judge disputed some allegations, the judge accepted that the chambers' workplace environment was "abusive" and "deeply regrets the impact of the judge’s actions on the chambers' staff."

Diaz said the judge had pledged to improve the workplace atmosphere, agreed to attend trainings and meetings aimed at addressing those issues, and will also allow the circuit's director of workplace relations to meet with clerks every other month to gauge the environment.

The Legal Accountability Project called those corrective remedies "laughable," and said they would not deter Griggsby and other judges from mistreating clerks. Shatzman said Congress should act and take steps to deter such misconduct.

"It should disturb all of us that federal judges so brazenly flout congressional authority, and that Congress allows them to do so," she said.

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