Special guest Aliza Shatzman, co-founder of The Legal Accountability Project, discusses the lack of legal protections for law clerks and presents a recent case from the Fourth Circuit. Kirby Thomas West of IJ discusses a Fifth Circuit case on qualified immunity. They address the prevalence of harassment faced by clerks and the need for legislation to address discrimination.
The Legal Accountability Project aims to provide support and resources to law clerks who experience mistreatment in judicial chambers, highlighting the lack of legal protections for these employees.
The case of Karen Strickland underscores the need for legislation like the Judiciary Accountability Act to ensure Title VII protections for federal judiciary employees and address harassment and inequities.
Deep dives
Legal Accountability Project and Harassment in Judicial Chambers
Eliza Schatzman, president and co-founder of the Legal Accountability Project, discusses her organization's mission to support law clerks who have negative experiences during clerkships. She shares her personal experience of gender discrimination and harassment by a former judge for whom she clerked. Schatzman highlights the need for improved protections and resources for clerks who face harassment and mistreatment in judicial chambers.
The Strickland v. United States Case and Workplace Harassment
The case of Karen Strickland, a former assistant federal public defender, is discussed. Strickland faced harassment and stalking by a higher-ranking colleague and was met with insufficient support from her office and the legal system. The podcast highlights the need for legislation such as the Judiciary Accountability Act, which would provide Title VII protections to federal judiciary employees, including law clerks and federal public defenders.
The Sims v. Griffin Case and Qualified Immunity
The court case Sims v. Griffin in the Fifth Circuit is examined, highlighting the issue of qualified immunity. The case involves the wrongful death of Stephen Qualls, who was denied necessary medical care while in jail. The court rules that the officers involved cannot claim qualified immunity, as it was clearly established that deliberate indifference to a person's medical needs violates their constitutional rights. The ruling provides hope for future cases challenging qualified immunity.
Parallels Between Qualified Immunity and Judicial Immunity
The podcast explores the parallels between qualified immunity for law enforcement officers and judicial immunity for judges. It emphasizes the need for accountability in both sectors and challenges the notion that judges should be immune from legal action. The discussion highlights the importance of reforming the qualified immunity doctrine and holding judges accountable for abuses of power.
We discuss a couple legal immunities, one listeners will be familiar with and one that’s pretty unknown. The second is being addressed by our special guest, Aliza Shatzman. She is the co-founder of The Legal Accountability Project, a new nonprofit whose mission is to ensure that as many law clerks as possible have positive clerkship experiences while extending support and resources to those who do not. Aliza had a harrowing experience as a law clerk and found that the laws that apply to other government employees often don’t extend to those in the judicial branch. She also presents a recent case from the Fourth Circuit about a judicial branch employee who brought a number of claims to try and get around sovereign immunity—and actually succeeded on a few of them. Then Kirby Thomas West of IJ discusses a Fifth Circuit case with terrible facts, but a good outcome on the qualified immunity front.