Aloha, George Jackson. Hello, ha.
I'm going to try and spread some aloha into this room. I'm taking
a lead from my friend Senator Sitting to my left least you and I
are very color coordinated today.
So since 2018. I have been asking every nominee that comes before
the committees on which I said the two questions that I asked you
at the start of my time, namely,
Whether or not they have a history of sexual assault or harassment.
This is something I started in 2018 to make sure that harassment
and abuse
That women mainly have put up with as far as I'm concerned. Time
immemorial didn't continue to get swept under the rug.
I found these questions to be important for nominees to the judiciary,
as chief justice, Roberts stated in his 2017 year and report on the
federal judiciary.
Events in recent months have illuminated the depth of the problem
of sexual harassment in the workplace, and events in the past few
weeks have made clear
That the judicial branch is not immune.
You're just a few examples of abusive practices by federal judges
and December 2017 6. Former law clerks and staffers accused ninth
Circuit Judge
Alex Kozinski of subjecting them to arrange of inappropriate sexual
conduct and comments
in September 2019, the 10th Circuit Judicial Council.
Issued an order finding that District Court Judge Carlos Thank you
again.
Apologize if I may Mr Pronounce his last name.
Head Harris multiple employees over a period of years, including
by subjecting them to sexually suggestive comments, inappropriate
text messages and excessive non work related conduct.
In February. 2020 former law clerk to the late ninth Circuit Judge
Stephen Reinhardt.
Accused the judge of a months long harassment campaign. And these
are a few of the cases that we know about their own doubted Lee many
more We don't know about
Both because of the power imbalance between federal judges and their
clerks and employees, who often rely on connections and recommendations
to advance in their careers and because of the lack of legal recourse
available to the judicial employees.
Many may not realize this, but federal judicial branch employees
are not protected by the foundation of federal statutes such as Title
seven.
Of the Civil Rights Act of 1964 that prohibit discrimination and
retaliation. And that's why I introduced along with chair Durban
and Senators, White House and Murray.
The Judicial Accountability Act, which would ensure the more than
30,000 employees of the federal judiciary have strong statutory rights
and protections.
Against discrimination.
Sexual harassment, retaliation and other forms of work place conduct.
I know you can't comment on legislation so I won't ask you whether
you support the Judicial Accountability Act instead.
I'd like to hear what you do to make sure your chambers is a safe,
inclusive place to work.
Thank you, Senator. Um
I, As you know, have been a judge now.
For almost a decade and
Um
I take my responsibilities not only
Um, to hear and decide cases seriously, but also my responsibility
as um, an employer.
That I bring wall clerks into my chambers. Um, I was a law clerk
to three wonderful federal judges who were role models for me and
Um, I tried to act as a role model to my law clerks. I try to bring
in people who, um, who
Have
The respect of others. People who come with strong recommendations,
people who I think will get along with one another. Um, and certainly
people who I think will get along with me and we create
A little group, a working group. Uh and I think that it's it's worked
out well.
And I would think that you would make sure that there are no instances
of inappropriate behavior. Sexual harassment from any of your clerks
are employees. That's absolutely correct.
During our courtesy meeting. I enjoyed learning more about your background
and family and of the ninth sitting justices of the Supreme Court
only three
Justices Alito, Breyer and Kagan were educated in our public school
system.
And you would, as far as I'm concerned, make a welcome addition to
the court. From that standpoint as a public school graduate myself.
Public high schools educate people from all backgrounds, and most
people go to public schools. Most people don't go get to go to private
schools, so your classmates probably came from different racial
And ethnic backgrounds. Income social status is academic abilities,
athletic ability, abilities, among others.
How, if at all, Has your public school experience shaped the person
you are and your approach to the law?
Thank you, Senator. I was of very fortunate to go to public school
in Miami, Florida. I had a wide range of
Classmates, and it was a wonderful opportunity to get to know people
who were different than me.
Um and
To learn at the end of the day that they were not so different that
that I am, even if they came from different backgrounds and
I've talked a lot about my debate team. Um, that was one of the activities
that I engaged in and spent a lot of time with my
Colleagues on the debate team and with with my wonderful coach and
you learn how to support each other, how to speak across difference
how to
Um, how to communicate with
Different kinds of people. And it was. It was a wonderful experience.
And as I've mentioned in many ways different than the generation
before
Who, uh, in Florida Word.
Segregated by law.
So I take it that not only did you have a I would say
A broad experience of encountering people from all different walks
of life and backgrounds. But there was still a
commonality that you had very much and that is very much exemplified
in your approach to
Your work. I also talk with you about the importance of the creative
part of our lives because I think lawyers seemed to be very left
brain and I know that you are a very well rounded person. And so
I ask you. What do you do, too?
Pay attention to the creative side of your of your life.
Thank you for the question. Um, I took up not
Too long ago but took up the fiber arts as they say, Um, my mother
is an expert crochet artist. Um, she makes beautiful
Um, pieces of all kinds, and I always wanted to do that. I always
wanted to do and she tried to teach me when I was younger, and it
didn't quite turn out. Um, but
As I have
Gone along in my career and wanting to have some sort of a creative
outlet, and especially in times of high stress. Um, I started
Pining for something to do to express my creative side. And,
um, I
Bought a book on Croce. I talked to my mom. I started making hats
and scarves and then I moved to knitting during one of my confirmation
hearing.
Scenarios because I needed something to keep my mind off of, uh,
keep my mind off of the stress. So I I have a basement full of yarn
if you would like to come over.
I think that's another way that you're connecting to the people who
really meant, Um I mean a lot to you.
The creative outlet is really important to me because in a changing
world, I think it is our ability to be creative in our approaches
and how we think about things that will enable us to deal with the
rapid changes that
Um happen every day. And these days I view you as a consensus builder.
Um So I know that in your work with the sentencing commission, you
really worked hard to come up with some 95% of the time they in this
very diverse group. There was consensus in your recommendations.
How important do you think Consensus is on what I characterize yesterday
as a very ideologically spit split Supreme Court.
I think consensus is very important. Um
It was one of the things that I most admired about having the opportunity
to to work for Justice Breyer as a law clerk.
To observe his, um, process for reaching out to colleagues and
trying to collaborate in his
Ah thought process about the outcomes of cases, and it's something
that I tried to emulate. Um, when I was on the sentencing Commission,
which, as you said, is very diverse.
Body. Um and, um, I saw in that context the importance of, uh,
trying to reach common ground with respect to your determinations.
Mr Chairman, Thank you very much to illustrate the kind of a broad
support that this nominee has. I would like to enter into the record.
Two letters, one signed by 1000 public defenders from all across
the country and another from signed by 48 prosecutors from across
the country.
Judge Jackson. I have very much enjoy the celebration of talking
with you. Thank you, Mr Chairman.
And it will be my privilege to support your nomination.