Q: Why are you pushing for better transparency in the federal judiciary?
A: Justice Louis Brandeis hit the nail on the head more than a century ago. The future associate justice of the Supreme Court wrote that "Sunlight is said to be the best of disinfectants." Through my experience representing Iowans in the U.S. Senate, I have found the broad light of day serves an invaluable public benefit. It strengthens accountability, exposes misconduct and deters wrongdoing.
As a watchdog for good government, I have long focused my oversight lens on holding wrongdoers to account, from rooting out fraud and wasteful spending to ensuring the government functions properly, efficiently and effectively for the public good. Transparency weeds out wrongdoing. Period. Even the smallest ray of sunshine helps illuminate cobwebs of corruption in the sprawling federal bureaucracy. And it often starts with the brave voice of whistleblowers who come forward to expose misconduct. When I get a whiff of wrongdoing, I don’t hesitate to use Congress’ oversight authority, exercise the power of the purse or open up my legislative tool box to enact “sunshine laws” to help sweep misconduct and wrongdoing out of the shadows.
Just as importantly, my efforts are aimed to inform the public. Keeping an engaged and well-informed citizenry is vital to a well-functioning democracy and to preserve liberty and freedom from one generation to the next. Known as the “Father of the Constitution,” James Madison advocated transparency and access to information as a cornerstone of self-government, “a popular government, without popular information or the means of acquiring it, is but a prologue to a farce or a tragedy…a people who mean to be their own governors, must arm themselves with the power which knowledge gives.”
That goes for all branches of government. For too many Americans, the judicial branch is shrouded behind arcane policies that restrict public access to the courts. For years I have pushed legislation to allow cameras in the courts to strengthen an informed and engaged citizenry. Transparency is a transformative power that can expose waste and fraud and call attention to wrongdoing, including sexual misconduct within the workplace. That includes federal courts across the country. As Chief Justice John Roberts acknowledged in his State of the Judiciary Report in 2017, the judicial branch is not immune to the issue of sexual harassment in the workplace.
In February I requested an update from the Administrative Office of the U.S. Courts to provide findings and recommendations on how to improve the complaint process and protections against workplace misconduct for the thousands of law clerks and court employees serving the public in the federal judiciary. Based on its vague recommendations, I’ve scheduled a hearing of the Senate Judiciary Committee to examine misconduct in the federal judiciary and solicit specific solutions to improve transparency and accountability. Nearly every federal agency has an independent watchdog to serve as a sentinel against wrongdoing. I believe the judiciary would benefit from something similar. In addition, it is clear the judiciary needs better procedures to address workplace harassment.
Q: What other steps are you taking to uphold public trust in the federal judiciary?
A: Upholding trust in America's judicial system underpins the essence of freedom and liberty in a free society. The administration of criminal and civil justice in federal court impacts social conflict, economic principles of a free marketplace, property rights and public safety. An independent judiciary also is integral to our system of checks and balances. It upholds the rule of law, interprets the laws of the land and resolves disputes in a court of law to maintain peace and stability in society. Public confidence and the legitimacy of our legal institutions can't be taken for granted.
As a member of the Senate Judiciary Committee since first being elected to the U.S. Senate, I have worked for decades to protect the integrity of the federal judiciary, including efforts to curb frivolous lawsuits, protect consumers in class action lawsuits, expose sue-and-settle litigation and thwart litigious jackpot justice schemes. Most recently, I am pushing to improve litigation funding transparency. My Litigation Funding Transparency Act would shed light on the obscure practice of litigation funding agreements. Third-party litigation funding risks distorting our civil justice system by pumping in millions of undisclosed dollars that may create conflicts of interest and unnecessarily drag out litigation, all for the sake of profiting from someone else’s case. Ending the secrecy will help rinse wrongdoing from the system and prevent moneyed interests from meddling in the fair and impartial delivery of justice.