Untouchable Judges? What I've Learned About Harassment in the Judiciary, and What We Can Do to Stop It

Aliza Shatzman
2022 UCLA women's law journal  
Law, and Balls & Strikes. Ms. Shatzman would like to thank Professor Leah Litman for providing feedback on this article. She also appreciates the brave law clerks who have spoken out against harassment in the judiciary. Finally, Ms. Shatzman would like to thank the editors of the UCLA Journal of Gender & Law for their helpful feedback and their commitment to the project. 164 Vol. 29.2 JOURNAL OF GENDER & LAW to help me secure the clerkship. I thought the position would be a good fit. Just weeks
more » ... into my clerkship, the judge threw me out of the courtroom, ordering me to switch places with my male co-clerk, barking that I "made him uncomfortable" and he "just felt more comfortable" with my male co-clerk. 3 The judge later snapped that he was "trying to punish" me because he "knew how much I liked to be in court." I feared that if I tried to advocate for myself, the judge would fire me. Therefore, I accepted the abuse, returned to my desk, and tried to hide the tears welling up in my eyes. In October 2019, the judge escalated the situation. The judge called me into his inner chambers at least weekly-almost always when my male co-clerk was not around-to berate me for being "bossy" 4 and "aggressive" 5 and "nasty" 6 and a "disappointment" and whichever other gendered adjectives 7 he could come up with to criticize my personality, since I did not conform to gender 3. Corroborative evidence for this quote, as well as the quotes that follow, is on file with the author. The author does not attempt to document every instance of gender discrimination, harassment, retaliation, or misconduct that occurred during her clerkship and in the years following it. The examples detailed herein are meant to highlight the scope of the problem, the entrenched systems that contribute to it, and the deficiencies in the judicial accountability mechanisms that perpetuate these types of injustices. The author's story is also summarized in a congressional Statement for the Record. See Workplace 165 2022 HARASSMENT iN THE JUDiCiARY 167 2022 HARASSMENT iN THE JUDiCiARY
doi:10.5070/l329258631 fatcat:lodoudvnffg5lm3lc3ul26esk4