Courts in the Era of #WeToo

1.  To develop and deliver nationally significant educational programs and guidance focused on sexual harassment and assault, including actions targeted against LGBTQ+ individuals in the courts, and
2.  Provide distance learning opportunities to broaden the opportunities for education on this topic to judges, court managers, administrators, and other court professionals.

In Winter of 2019, the State Justice Institute (SJI) funded the National Association for Court Management (NACM) to implement their proposed Courts in the Era of #WeToo curriculum project. NACM partnered with NCJFCJ, the National Association of Women Judges (NAWJ), and Futures Without Violence (Futures) to develop a curriculum that was informed by the experience of judges and court managers, built around proven adult-learning principles, and responsive to current issues and real leadership challenges.

#WeToo Advisory Committee

National Association of Women Judges (NAWJ)

The Honorable Marcella Holland, Senior Judge, Circuit Court for Baltimore City, Maryland

The Honorable Sheva Simms, Judge, Shreveport City Court, Louisiana

The Honorable Elizabeth Allen White, Judge, Superior Court of California County of Los Angeles

The Honorable Pam Washington, Judge, Third Judicial District of Alaska

National Council of Juvenile and Family Court Judges (NCJFCJ)

The Honorable Berryl Anderson, Chief Judge, DeKalb County Magistrate Court, Georgia

The Honorable Darlene Byrne, Chief Justice, Third Court of Appeals of Texas

The Honorable Judge Lori Dumas, Judge, Pennsylvania Commonwealth Court

The Honorable Judge Ramona Gonzalez, Presiding Judge, State of Wisconsin Circuit Court

The Honorable Doug Johnson, (retired) Judge, Douglas County Separate Juvenile Court, Nebraska

The Honorable Susan Maven, Judge, Atlantic County Civil Courts, New Jersey

The Honorable Katherine Judge Tennyson, (Retired) Judge, Multnomah County Circuit Court, Oregon

The Honorable Erik Pitchal, Judge, Family Court of the City of New York, New York

National Association for Court Management (NACM)

T.J. BeMent, District Court Administrator, 10^th Judicial District, Georgia

Jeffrey Tsunekawa, Director of Research and Court Services, Texas Office of Court Administration

Paul DeLosh, Director of Judicial Services, Office of the Executive Secretary, Supreme Court of Virginia

Introduction to the Curriculum

• Pre-Worksheet
• Acknowledgments
• Curriculum Introduction
• Modules
• Learning Objectives
• Curriculum Delivery
• Adaptable Introduction

The partners developed a curriculum which is designed to be taught by a teaching team (ideally consisting of at least one judge and one court administrator) in three 3-hour modules. The curriculum is organized around the following modules:

Module 1: Fundamentals of Sexual Harassment Affecting Judicial Environments

• Sexual Harassment & Its Impact on Judicial Operations and Culture
• Root Causes: Power & Control in Judicial Environments
• Module 1 Curriculum
• Module 1 Ethics
• Module 1 Handouts
• Module 1 Slides

Module 2: Preventing & Responding to Sexual Harassment in Judicial Environments

• Eliminating the Drivers of Sexual Harassment in Judicial Environments
• Centering Needs & Promoting Accountability
• Module 2 Curriculum
• Module 2 Ethics
• Module 2 Handouts
• Module 2 Slides

Module 3: Leadership Strategies to Create & Sustain a Culture of Safety, Respect, & Dignity

• Principles of Self-Awareness, Reciprocal Accountability, & Emotional Intelligence
• Judicial Environments as Community Models
• Module 3 Curriculum
• Module 3 Ethics
• Module 3 Video
• Module 3 Slides

In addition, the #WeToo partners trained six teams of trainers to use the curriculum with the expectation that they would be willing and available to train colleagues in their home states and across the country. The #WeToo Curriculum can be provided virtually and in-person.

Request Training or Technical Assistance for your Court:

contactus@ncjfcj.org, or call (775) 507-4777

Relevant News Coverage and Additional Resources on Courts and Sexual Harassment and Misconduct

• Judicial Branch Workplace Sexual Harassment & Discrimination Training
• The Center for Judicial Ethics

Model Codes of Conduct:

• Model Code of Conduct for Court Professionals, National Association for Court Management
• Model Code of Judicial Conduct, American Bar Association

Anti-Harassment Policies:

• Washington State Supreme Court Gender and Justice Commission, Model Anti-Harassment Policy (Aug. 26, 2020)

Journal Articles:

• Chief Justice Bridget Mary McCormack, Staying Off the Sidelines: Judges as Agents for Justice System Reform, 131 Yale Law Journal Forum 175 (Oct. 24, 2021)
• Cynthia Gray, Ethical Judicial Culture, 56 Court Review 144 (2020)
• Cynthia Gray, Relationship Advice, 56 Court Review 80 (2020)
• Cynthia Gray, Ethical Standards for Judges, American Judicature Society (2009)

Sampling of Ethics Opinions:

• Supreme Court of New Jersey Advisory Committee on Judicial Conduct, In the Matter of Steven Brister Presentment and Opinion (2020)
• Kansas Supreme Court, In the Matter of F. William Cullins, Judicial Discipline Opinion No. 122,565 (Feb. 26, 2021)
• State of Texas Special Court of Review, In Re Inquiry Concerning the Honorable Lee Harper Wilson, Special Court Review 20-0004 (May 4, 2021)
• Michigan Supreme Court, In re Morrow, Opinion No. 161839 (Jan. 13, 2022)

News Articles:

• Angela Morris, Appellate Court Upholds Houston Judge’s Sanction for ‘Unwelcome and Unwarranted Touching,’ Texas Lawyer (May 4, 2021)
• Ann E. Marimow, Comments on Body Parts. Questions about Pregnancy. Court Filing Alleges Ongoing Harassment in Judiciary, Washington Post (Aug. 26, 2021)
• Bill Torpy, Allegations Show Judiciary System Run Amok, Atlanta Journal-Constitution (May 16, 2010)
• David Migoya, Colorado Judicial Department Gave 2.5 Million Contract to Prevent Tell-All Sex Discrimination Lawsuit about Judges’, Court Official’s Misconduct, Denver Post (Feb. 3. 2021)
• David Migoya, Colorado Judicial Department Says Contract-for-Silence Allegations by Former Top Official Are False, Denver Post (Feb. 5, 2021)
• Debra Cassens Weiss, A Chief Judge Resigns After Admitting to Inappropriate Touching, ABA Journal (Aug. 12, 2010)
• Emma Ockerman, Judge Allegedly Forced Staffer With Cancer Into Sex to Keep Her Health Insurance, Vice News (June 2, 2021)
• John Munford, The Caldwell File: Which Judges Knew What and When?, The Citizen (April 22, 2010)
• Jorge Fitz-Gibbon, Kentucky Family Court Judge Accused of Booze, ‘Threesome’ at Courthouse is Kicked off Bench, Fox News (Sept. 1, 2020)
• Katelyn Fossett, 30 Years After Her Testimony, Anita Hill Still Wants Something From Joe Biden, Politico (Oct. 01, 2021)
• Mihir Zaveri, Federal Judge in Kansas Resigns After Reprimand for Sexual Harassment, New York Times (Feb. 19, 2020)
• Roxana Hegeman, Kansas Supreme Court Suspends Foul-Mouthed Judge from Bench, ABC News (Feb. 26, 2021)

Courts in the Era of #WeToo Curriculum and Materials

• Courts in the Era of #WeToo: How Judges and Court Managers Can Cooperate to Address Gender-Based Harassment and Abuse
• link to PDF Curriculum
• link to PDF Curriculum Materials