Judicial Conference Briefed on the Need for Continued Vigilance on Cybersecurity and Workplace Conduct

The Judiciary has strengthened its IT defenses against cyberattacks, a meeting of the Judicial Conference of the United States was told on Tuesday. But the threat is growing in scale and sophistication, requiring even greater vigilance against attacks from individuals and unfriendly nations.

Court of Appeals Judge Michael Y. Scudder, chair of the Conference’s Committee on Information Technology, also warned of potential threats to Judiciary IT systems in the coming months as part of a general update on cybersecurity during the Judicial Conference’s twice-annual meeting, held today at the U.S. Supreme Court.

“The cyber risk we face is especially acute at this very moment—in the heart of this election season,” Scudder said. “Foreign adversaries see the election as an opportunity not just to spread misinformation, but, more broadly, to sow distrust in the workings of the American government of which we are a part.”

The Judiciary elevated its focus on cybersecurity after a major attack in late 2020 affected many federal institutions. Key elements of the Judiciary’s response have been documented in annual reports from the director of the Administrative Office of the U.S. Courts (AO). They include:

• Implementing Zero Trust Architecture: Zero trust architecture requires users to continuously verify their identity before being granted access to an organization’s network, systems, and data.
• Expansion of Multifactor Authentication: Multifactor authentication requires users to confirm their identities before gaining access to a network, system, or data. This makes it more difficult for adversaries to gain access to critical Judiciary resources even if passwords are compromised. 
• Maximizing the use of government-furnished equipment while limiting the risks associated with use of personally owned devices to access non-public Judiciary networks and systems.

The AO also appointed a Chief Information Officer in April 2023 to address system-wide IT issues and strategies.

Despite this progress, Scudder said, concerns remain as cyberattackers become more sophisticated. He urged judges to remain focused on IT security, and emphasized the importance of Congress prioritizing funding for the Judiciary's cybersecurity needs.

“Now is not the time for one ounce of complacency,” Scudder told the Conference. “We have to keep making progress on our major projects; we have to find ways to meet our goals faster, by working within cyber-relevant timeframes, not ordinary government timelines; and we have to stay unified, with the courts and AO working together.”

Scudder thanked federal judges for their broad support of IT security.

“Perhaps above all else, our culture has changed,” Scudder said. “Overwhelming numbers of judges now see IT as an essential part of nearly everything we do. They understand the importance of investing in modernization and cybersecurity, and doing so at an enterprise level.”

Judge Robert J. Conrad, Jr., secretary of the Judicial Conference and director of the AO, also briefed the Conference on several developments affecting the Judiciary.

“This was a successful JCUS in many ways,” Conrad said. “I’m proud of the hard work the Conference’s committees have performed on matters procedural and substantive to aid the Judiciary’s efforts to pursue excellence in the administration of justice.”

Workplace Conduct

As part of the briefing, Conrad outlined the numerous steps the Judiciary has taken in recent years in response to a call for action by Chief Justice John G. Roberts, Jr., to ensure an exemplary workplace and to protect Judiciary employees from misconduct.

These include multiple channels to report workplace concerns and to receive confidential guidance from trained professionals at the local, circuit, and national levels. In response to requests from law clerks and other employees, these include informal resolutions as well as formal complaint procedures.

Under policies approved by the Judicial Conference, there is a specific and enforceable prohibition on abusive conduct, and judges have an obligation to report credible allegations of abusive behavior.  Training and programmatic efforts have been greatly expanded.

“The Judiciary has gone to great lengths to provide an exemplary workplace,” Conrad said. “Can more be done?  Of course.  The Judiciary has continued to assess its progress and evaluate areas for further refinement. Workplace conduct remains a top Judiciary priority.”

About the Judicial Conference

The 26-member Judicial Conference (pdf) is the policy-making body for the federal court system. By statute, the Chief Justice of the United States serves as its presiding officer and its members are the chief judges of the 13 courts of appeals, a district judge from each of the 12 geographic circuits, and the chief judge of the Court of International Trade. The Conference meets twice a year to consider administrative and policy issues affecting the court system, and to make recommendations to Congress concerning legislation involving the Judicial Branch.