Federal court employees are also uniquely susceptible to retaliation because their boss is a judge: a powerful figure with job protection whose reference is often essential for success. Clerks are particularly vulnerable given that they are usually at the beginning of their careers as lawyers. They understandably may not want to risk losing a recommendation that could determine the trajectory of their entire legal career to report harassment.

Even those employees willing to speak up have to navigate avenues for reporting transgressions that are murky and risky for low-level employees. There is no independent body in the judiciary to which staff can report misconduct. The process for filing complaints is different at every courthouse, but they are generally filed to someone who ultimately reports to the judges. This means that complaints may be seen by the very judge who is its subject.

There is also a troubling lack of accountability for federal judges, who are virtually untouchable unless they face the extraordinary measure of impeachment. The horrendous allegations against former 9th Circuit Court of Appeals Judge Alex Kozinski in 2017, accusing him of engaging in a long-running pattern of harassment and misconduct against his subordinates, exemplifies the challenges in holding federal judges accountable.