Last substantive revision (Transmittal 12-052) October 26, 2021

Last revised (minor technical changes) May 3, 2022

MODEL FEDERAL PUBLIC DEFENDER ORGANIZATION

EMPLOYMENT DISPUTE RESOLUTION PLAN

[Guide to Judiciary Policy, Vol. 12, Appx. 2B]

I. INTRODUCTION

The Federal Judiciary, including Federal Public Defender Organizations (FPDOs), is

committed to a workplace of respect, civility, fairness, tolerance, and dignity, free of 

discrimination and harassment. These values are essential to FPDOs, which hold Federal 

Public Defenders (FPDs) and their Employees to the highest standards. All FPDs and 

Employees are expected to treat each other accordingly.

This Plan provides options for the reporting and resolution of allegations of wrongful

conduct (discrimination, sexual, racial, or other discriminatory harassment, abusive

conduct, and retaliation) in the workplace. Early action is the best way to maintain a safe

work environment. All FPDOs, FPDs, and Employees have a responsibility to promote

workplace civility, prevent harassment or abusive conduct, and to take appropriate action

upon receipt of reliable information indicating a likelihood of wrongful conduct under this

Plan. See Code of Conduct for Federal Public Defender Employees, Canon 3(C). This

Plan is promulgated by the circuit judicial council and United States Court of Appeals

(COA) for adoption by each FPD within the circuit, pursuant to their respective authorities

under 18 U.S.C. § 3006A(g)(2)(A). 

This Plan applies to all FPDOs, FPDs, current and former Employees (including all FPDO

law clerks and paid and unpaid interns, externs, and other volunteers), and applicants for

FPDO employment who have been interviewed. The following persons cannot seek relief 

under this Plan: FPDs,1 Criminal Justice Act panel attorneys and applicants, private 

investigators, retained service providers, community defender employees, volunteer 

mediators, and any other non-Employees not specified above. See Appendix 1 for full 

definitions.

II. WRONGFUL CONDUCT

A. This Plan prohibits wrongful conduct that occurs during the period of

employmentor the interview process (for an applicant). Wrongful conduct

includes:

• discrimination;

• sexual, racial, and other discriminatory harassment;

• abusive conduct; and

• retaliation (including retaliation as described in the Whistleblower Protection

Provision in Guide to Judiciary Policy, Vol. 12, § 220.10.20(c)).

1 FPDs are covered by the Court of Appeals EDR Plans and may seek relief under those Plans.
2

Wrongful conduct can be verbal, non-verbal, physical, or non-physical.

Wrongful conduct also includes conduct that would violate the following

employment laws and policy, as applied to the Judiciary by Judicial Conference

policy:

• Title VII, Civil Rights Act of 1964;

• Age Discrimination in Employment Act of 1967;

• Americans with Disabilities Act of 1990 and the Rehabilitation Act of 1973;

• Family and Medical Leave Act of 1993;

• Uniformed Services Employment and Reemployment Rights Act of 1994;

• Whistleblower Protection Provision (Guide, Vol. 12, § 220.10.20(c));

• Worker Adjustment and Retraining Notification Act;

• Occupational Safety and Health Act; and

• The Employee Polygraph Protection Act of 1988.

See Guide, Vol. 12, Ch. 2. 

B. Discrimination is an adverse employment action that materially affects the terms,

conditions, or privileges of employment (such as hiring, firing, failing to promote,

or a significant change in benefits) based on the following Protected Categories:

race, color, sex, gender, gender identity, pregnancy, sexual orientation, religion,

national origin, age (40 years and over), or disability.

C. Discriminatory harassment occurs when a workplace is permeated with

discriminatory intimidation, ridicule, and insult that is sufficiently severe or

pervasive to alter the conditions of the employment and create an abusive working

environment. Discriminatory harassment includes sexual harassment.

Examples of conduct that may give rise to discriminatory harassment: racial slurs;

derogatory comments about a person’s ethnicity, culture, or foreign accent; or jokes

about a person’s age, disability, or sexual orientation.

Examples of conduct that may give rise to sexual harassment: suggestive or obscene

notes, emails, text messages, or other types of communications; sexually degrading

comments; display of sexually suggestive objects or images; unwelcome or

inappropriate touching or physical contact; unwelcome sexual advances or

propositions; inappropriate remarks of a sexual nature or about physical appearance;

or employment action affected by submission to, or rejection of, sexual advances.

D. Abusive Conduct is a pattern of demonstrably egregious and hostile conduct not

based on a Protected Category that unreasonably interferes with an Employee’s

work and creates an abusive working environment. Abusive conduct is threatening,

oppressive, or intimidating.

Abusive conduct does not include communications and actions reasonably related

to performance management, including but not limited to: instruction, corrective
3

criticism, and evaluation; performance improvement plans; duty assignments and

changes to duty assignments; office organization; progressive discipline; and

adverse action.

E. Retaliation is a materially adverse action taken against an Employee for reporting

wrongful conduct; for assisting in the defense of rights protected by this Plan; or for

opposing wrongful conduct. Retaliation against a person who reveals or reports

wrongful conduct is itself wrongful conduct.

III. REPORTING WRONGFUL CONDUCT

The Judiciary, including FPDOs, encourages early reporting and action on wrongful

conduct. Employees who experience, observe, or learn of reliable evidence of sexual,

racial, or other discriminatory harassment or abusive conduct are strongly encouraged to

take appropriate action, including reporting it to a supervisor, human resources

professional, FPD, Circuit Executive, COA or FPDO Employment Dispute Resolution

(“EDR”) Coordinator, Chief Circuit Judge, Circuit Director of Workplace Relations

(DWR), or to the national Office of Judicial Integrity. See Code of Conduct for Federal

Public Defender Employees, Canon 3(C). Employees are also encouraged to report

wrongful conduct in the workplace by non-Employees. Confidentiality requirements do

not prevent any Employee from revealing or reporting wrongful conduct. See Plan §§

IV(B)(2) and (3).

IV. OPTIONS FOR RESOLUTION 

The goal of the Judiciary and FPDO is to address wrongful conduct as soon as possible and

to provide multiple, flexible options for doing so. An Employee is always free to address

a conduct issue directly with the person who allegedly committed wrongful conduct or to

contact a colleague, supervisor, FPD, or other individual to discuss or address the 

situation. This Plan provides the following additional options, and Employees may 

choose the option(s) that best fit their needs and comfort level.

A. Plan Options. This Plan provides three options to address wrongful conduct, as

explained in detail below:

1. Informal Advice

2. Assisted Resolution

3. Formal Complaint

B. General Rights. All options for resolution are intended to respect the privacy of all

involved to the greatest extent possible, and to protect the fairness and

thoroughness of the process by which allegations of wrongful conduct are initiated,

investigated, and ultimatelyresolved.

1. Confidentiality. All individuals involved in the processes under this Plan

must protect the confidentiality of the allegations of wrongful conduct.
4

Information will be shared only to the extent necessary and only with those

whose involvement is necessary to address the situation. An assurance of

confidentiality must yield when there is reliable information of wrongful

conduct that threatens the safety or security of any person or that is serious

or egregious such that it threatens the integrity of the Judiciary and of the

FPDO and its obligations to clients.

Confidentiality obligations in the Code of Conduct for Federal Public

Defender Employees concerning use or disclosure of confidential

information received in the course of official duties, including attorney-client

and work-product privileged information, do not prevent nor should they

discourage Employees from reporting or disclosing wrongful conduct,

including sexual, racial, or other forms of discriminatory harassment by the

FPD, a Judge, a supervisor, or other person.

Supervisors, FPDs, and Circuit Executives must take appropriate action 

when they learn of reliable information of wrongful conduct, such as 

sexual, racial, or other discriminatory harassment, which may include 

informing the appropriate Chief Circuit Judge.

2. Attorney-Client and Work-Product Obligations. All individuals involved

in the processes under this Plan must protect attorney-client and workproduct privileged communications. See Code of Conduct for Federal Public

Defender Employees, Canon 3(D).

3. Impartiality. All investigations, hearings, and other processes under this

Plan must be conducted in a thorough, fair, and impartial manner. The COA

or FPDO EDR Coordinator, the Circuit DWR, and the Presiding Judicial

Officer must be impartial and may not act as an advocate for either Party.

The EDR Coordinators, Circuit DWR, or Presiding Judicial Officer must

recuse if he or she participated in, witnessed, or was otherwise involved with

the conduct or employment action giving rise to the claim. Recusal of these

individuals is also required if the matter creates an actual conflict or the

appearance of a conflict.

4. Right to representation. Both the Employee and the FPDO responsible for

providing any remedy have the right to be represented by an attorney or other

person of their choice at their own expense. Another Employee may assist

the Employee or FPDO if doing so will not constitute a conflict of interest or

unduly interfere with his or her duties, as determined by the assisting

Employee’s appointing officer.

5. Interim Relief. An Employee who pursues any of the options under this

Plan may request transfer, an alternative work arrangement, or administrative

leave if the Employee alleges egregious conduct by a supervisor or the FPD
5

that makes it untenable to continue working for that person. Any such request

must be made to the FPD (or Chief Circuit Judge, if the FPD is the subject

of the allegations) to determine appropriate interim relief, if any, taking into

consideration the impact on the FPDO.

6. Allegations Involving a Third Party. An Employee alleging that a third

party, including a Judge, Clerk of Court, or other Court Employee, has

engaged in wrongful conduct and who reports the wrongful conduct to the

FPDO, may—if the FPDO fails to take appropriate action— use any of the

options for resolution from an FPDO as set forth in Section C. An FPDO is

obligated to take appropriate action when an Employee alleges wrongful

conduct by anyone, including a Judge.

An FPD may file a complaint regarding wrongful conduct by a Judge with

the Chief Circuit Judge, in accordance with the COA’s EDR Plan. See Plan,

fn 1.

An Employee or FPD may also file a complaint under the Judicial Conduct

and Disability Act, 28 U.S.C. §§ 351-364. 

C. Specific Options

1. Informal Advice. An Employee may contact a COA or FPDO EDR

Coordinator, Circuit DWR, or the national Office of Judicial Integrity for

confidential advice and guidance (see § IV.B.1) about a range of topics

including:

• the rights and protections afforded under this Plan, the Judicial

Conduct and Disability Act, and any other processes;

• ways to respond to wrongful conduct as it is happening; and/or

• options for addressing the conduct, such as informal resolution,

participating in Assisted Resolution, or pursuing a Formal Complaint

under this Plan, the Judicial Conduct and Disability Act, or any other

processes.

2. Assisted Resolution. Assisted Resolution is an interactive, flexible process

that may include:

• discussing the matter with the person whose behavior is of concern;

• conducting a preliminary investigation, including interviewing

persons alleged to have violated rights under this Plan and witnesses

to the conduct;

• engaging in voluntary mediation between the persons involved;

and/or
6

• resolving the matter by agreement.

a. To pursue this option, an Employee must contact a COA or FPDO

EDR Coordinator or Circuit DWR and complete a “Request for Assisted

Resolution” (Appendix 2). The Judiciary and FPDO encourage early reporting and

action on wrongful conduct and strongly encourage Employees alleging claims

under the EDR Plan to first use Assisted Resolution before filing a Formal

Complaint. An Employee asserting any claim of abusive conduct must first use

Assisted Resolution before filing a Formal Complaint. Filing a Request for Assisted

Resolution does not toll (extend) the time for filing a Formal Complaint under § 

IV.C.3 unless one of the Parties requests, and the Chief Circuit Judge or Presiding

Judicial Officer grants, an extension of time for good cause, as permitted in §

IV.C.3.a.

b. If the allegations concern the conduct of a Judge and the Employee

seeks assistance from the FPDO, the Chief Circuit Judge must be notified and will

be responsible for coordinating any Assisted Resolution and/or taking any other

action required or appropriate under the circumstances, including notice to the Chief

District Judge. See, e.g., Rules for Judicial-Conduct and Judicial-Disability

Proceedings.

c. If the allegations concern the conduct of an Employee (not the FPD),

the COA or FPDO EDR Coordinator or Circuit DWR will coordinate Assisted

Resolution and must notify the FPD. The FPD is responsible for assessing the

allegation(s) and taking appropriate steps to resolve the matter. If the allegations

concern the conduct of the FPD, the COA or FPDO EDR Coordinator or Circuit

DWR must notify the Chief Circuit Judge, who is responsible for assessing the

allegation(s) and addressing the matter as appropriate.

d. Consistent with an FPDO employee’s ethical obligation to protect

attorney-client and work product privileged information, he or she shall redact

privileged information and clients’ personal identification information including

case numbers from all communications during the request and process of Assisted

Resolution.

e. The FPD (or Chief Circuit Judge) responsible for assessing the

allegations, as indicated in (b) and (c) above, may deny the Request for Assisted

Resolution at any time if he or she concludes it is frivolous; it does not allege

violations of the rights or protections in this Plan; the alleged conduct arises out of

the same facts and circumstances, and was resolved by, a previous EDR Complaint

or other claim process or procedure; or on other appropriate grounds.

f. If Assisted Resolution is successful in resolving the matter, the Parties

will so acknowledge in writing.
7

g. The Parties by mutual assent, or the COA or FPDO EDR Coordinator

or Circuit DWR in his or her discretion, will determine when to conclude the

Assisted Resolution process. If Assisted Resolution is not successful in resolving

the matter, the COA or FPDO EDR Coordinator or Circuit DWR will advise the

Employee of his or her rights to file a Formal Complaint under this Plan and/or

pursue action under the Judicial Conduct and Disability Act, if applicable, or any

other processes.

3. Filing a Formal Complaint. An Employee may file a Formal Complaint

(“Complaint”) with any of the COA EDR Coordinators to address a claim of

wrongful conduct.

a. To file a Complaint, an Employee must submit a “Formal Complaint”

(Appendix 3) to any of the COA EDR Coordinators within 180 days of the alleged

wrongful conduct or within 180 days of the time the Employee becomes aware or

reasonably should have become aware of such wrongful conduct. Use of the

Informal Advice or Assisted Resolution options does not toll (extend) this 180-day

deadline unless the Chief Circuit Judge or the Presiding Judicial Officer grants an

extension of time for good cause.

b. An Employee asserting any claim of abusive conduct must first use

Assisted Resolution before filing a Formal Complaint.

c. The Employee filing the Complaint is called the Complainant. The

Party responding to the Complaint is the FPDO that is responsible for providing any

appropriate remedy and is called the Respondent. The Complaint is not filed against

any specific individual(s) but against the FPDO.

d. Complaint Regarding a Judge. An Employee alleging that a Judge

has engaged in abusive conduct or harassment may file a Complaint under this Plan

to seek a remedy from the FPDO, only if the FPDO failed to reasonably try to

prevent and promptly correct the abusive conduct or harassment. Otherwise, there

is no recognized remedy against the FPDO under this Plan for wrongful conduct by

a Judge. The EDR Coordinator must immediately provide a copy of the Complaint

to the Chief Circuit Judge (or the next most-senior active Circuit Judge, if the

allegation is against the Chief Circuit Judge), who will oversee the EDR Complaint

process. If a District, Magistrate, or Bankruptcy Judge is the subject of the

Complaint, the EDR Coordinator must also provide a copy of the Complaint to the

Chief District Judge (unless the Chief District Judge is the subject of the Complaint,

in which case the Complaint will be given only to the Chief Circuit Judge).

If a Judge becomes the subject of both a Complaint under this Plan and a complaint

under the Judicial Conduct and Disability Act, the Chief Circuit Judge will

determine the appropriate procedure for addressing both, which may include

holding the EDR claim in abeyance and determining how best to find any common
8

issues of fact, subject to all requirements of the Judicial Conduct and Disability Act,

the Rules for Judicial-Conduct and Judicial-Disability Proceedings, and, as

practicable, this EDR Plan. Regardless of whether there is a formal complaint under

the Judicial Conduct and Disability Act, the Chief Circuit Judge should consider the

need for any necessary or appropriate interim relief.

e. Consistent with a Complainant’s ethical obligation to protect

attorney-client and work-product privileged information, Complainant shall file a

Complaint that is redacted to protect privileged information and clients’ personal

identification information including case numbers.

f. Formal Complaint Procedures and Procedural Rights

i. Appointment of Presiding Judicial Officer. Upon receipt of a

Complaint, the COA EDR Coordinator will immediately send a copy of the

Complaint to the Chief Circuit Judge, who will appoint a Presiding Judicial

Officer. The Presiding Judicial Officer will be a Judge in the circuit Court

of Appeals or, when appropriate, a Judge from another court1F

2 other than the 

district court where the FPDO is located (with the consent of the respective

Chief Judge of that court).

ii. Presiding Judicial Officer. The Presiding Judicial Officer

oversees the Complaint proceeding. The Presiding Judicial Officer will

provide a copy of the Complaint to the FPD against whose FPDO the

Complaint has been filed (Respondent), except when the Presiding Judicial

Officer determines for good cause that the circumstances dictate otherwise.

The Presiding Judicial Officer must provide the individual alleged to have

violated rights under this Plan notice that a Complaint has been filed and the

nature and substance of the Complaint allegations.

The Presiding Judicial Officer will provide for appropriate investigation and

discovery, allow for settlement discussions, determine any written

submissions to be provided by the Parties, determine if a hearing is needed,

determine the time, date, and place of the hearing, issue a written decision,

and, if warranted, order remedies.

iii. Disqualification and Replacement. Either Party may seek

disqualification of the COA EDR Coordinator or the Presiding Judicial

Officer by written request to the Chief Circuit Judge, explaining why the

individual should be disqualified.

If the Presiding Judicial Officer is disqualified, the Chief Circuit Judge will

2 Court of Appeals, district court, bankruptcy court, Court of Federal Claims and Court of International Trade, or any

court created by an Act of Congress in a territory invested with any jurisdiction of a district court of the United States.
9

designate another Judge to serve as Presiding Judicial Officer pursuant to

subsection (f)(i). If the COA EDR Coordinator is disqualified, the Chief

Circuit Judge will appoint one of the alternate COA EDR Coordinators or, if

available, an EDR Coordinator from another court (with the consent of the

respective Chief Judge of that court).

iv. Response. The Respondent may file a Response to the

Complaint with the COA EDR Coordinator within 30 days of receiving the

Complaint. The Respondent must protect attorney-client and work-product

privilege in any Response. The COA EDR Coordinator must immediately

send the Response to the Presiding Judicial Officer and to the Complainant.

v. Investigation and Discovery. The Presiding Judicial Officer

will ensure that the allegations are thoroughly, impartially, and fairly

investigated, and may use outside trained investigators if warranted. The

investigation may include interviews with persons alleged to have violated

rights under this Plan and witnesses, review of relevant records, and

collecting documents or other records. The Presiding Judicial Officer will

provide for such discovery to the Complainant and Respondent as is

necessary and appropriate. The Presiding Judicial Officer will also determine

what evidence and written arguments, if any, are necessary for a fair and

complete assessment of the allegations and response.

vi. Case preparation. The Complainant may use official time to

prepare his or her case, so long as it does not unduly interfere with the

performance of duties.

vii. Extensions of time. Any request for an extension of time must

be in writing. The Presiding Judicial Officer may extend any of the deadlines

set forth in this EDR Plan for good cause, except for the deadline to issue a

written decision, which may only be extended by the Chief Circuit Judge.

viii. Established Precedent. In reaching a decision, the Presiding

Judicial Officer should be guided by judicial and administrative decisions

under relevant rules and statutes, as appropriate. The Federal Rules of

Evidence and any federal procedural rules do not apply.

ix. Notice of Written Decision. The COA EDR Coordinator or

Presiding Judicial Officer will immediately send a copy of the written

decision to the Parties, the Chief Circuit Judge, and to any individual alleged

to have violated rights protected by this Plan. The COA EDR Coordinator

will inform the Parties of appeal rights, procedures, and deadlines.

g. Resolution of Complaint Without a Hearing. After notifying the

Parties and giving them an opportunity to respond, the Presiding Judicial Officer
10

may resolve the matter without a hearing.

i. The Presiding Judicial Officer may dismiss a Complaint and

issue a written decision at any time in the proceedings on the grounds that: it

is untimely filed, is frivolous, fails to state a claim, or does not allege

violations of the rights or protections in this Plan; the alleged conduct arises

out of the same facts and circumstances, and was resolved by, a previous

EDR Complaint or other claim process or procedure; or on other appropriate

grounds.

ii. After completion of investigation and discovery, the Presiding

Judicial Officer may, on his or her own initiative or at the request of either

Party, issue a written decision if the Presiding Judicial Officer determines

that no relevant facts are in dispute and that one of the Parties is entitled toa

favorable decision on the undisputed facts.

iii. The Parties may enter into an agreed written settlement if

approved in writing by the Presiding Judicial Officer and the Chief Circuit

Judge.

h. Resolution of Complaint With a Hearing. If the Complaint is not

resolved in its entirety by dismissal, Assisted Resolution, decision without a

hearing, or settlement, the Presiding Judicial Officer will order a hearing on the

merits of the Complaint.

i. Hearing. The hearing will be held no later than 60 days after

the filing of the Complaint unless the Presiding Judicial Officer extends the

deadline for good cause. The Presiding Judicial Officer will determine the

place and manner of the hearing.

ii. Notice. The Presiding Judicial Officer must provide reasonable

notice of the hearing date, time, and place to the Complainant, the

Respondent, and any individual(s) alleged to have violated the

Complainant’s rights.

iii. Right to Present Evidence. The Complainant and Respondent

have the right to present witnesses and documentary evidence and to examine

adverse witnesses.

iv. Record of Proceedings. A verbatim record of the hearing must

be made and will be the official record of the proceeding. This may be a

digital recording or a transcript.

v. Written Decision. The Presiding Judicial Officer will make

findings of fact and conclusions of law and issue a written decision no later

than 60 days after the conclusion of the hearing, unless an extension for good
11

2

3

cause is granted by the Chief Circuit Judge.

i. Remedies. When the Presiding Judicial Officer finds that the

Complainant has established by a preponderance of the evidence (more likely than

not) that a substantive right protected by this Plan has been violated, the Presiding

Judicial Officer may direct the FPDO to provide remedies for the Complainant. The

remedies are limited to providing relief to the Complainant, should be tailored as

closely as possible to the specific violation(s) found, and take into consideration the

impact on the FPDO. The Chief Circuit Judge and/or FPDO (Respondent) must

take appropriate action to carry out the remedies ordered in the written decision,

subject to any applicable policies or procedures.

i. Allowable Remedies may include:

• placement of the Complainant in a position previously denied;

• placement of the Complainant in a comparable alternative position;

• reinstatement to a position from which the Complainant was previously

removed;

• prospective promotion of the Complainant;

• priority consideration of the Complainant for a future promotion or

position;

• back pay and associated benefits, when the statutory criteria of the Back

Pay Act are satisfied3

; 

• records modification and/or expungement;

• granting of family and medical leave;

• any reasonable accommodation(s); and

• any other appropriate remedy to address the wrongful conduct. 4

3 Back Pay Act. Remedies under the Back Pay Act, including attorney’s fees, may be ordered only when the statutory

criteria of the Back Pay Act are satisfied, which include: (1) a finding of an unjustified or unwarranted personnel action;

(2) by an appropriate authority; (3) which resulted in the withdrawal or reduction of all or part of the Employee’s pay,

allowances, or differentials. An order of back pay is subject to review and approval by the Director of the Administrative

Office of the United States Courts. See 5 U.S.C. § 5596(b)(1) and Guide, Vol. 12, § 690.

4

 The issue in an EDR Complaint is whether the FPDO is responsible for the alleged conduct; it is not an action against

any individual. The Presiding Judicial Officer lacks authority to impose disciplinary or similar action against an

individual. When there has been a finding of wrongful conduct in an EDR proceeding, an appointing official, or

official with delegated authority, should separately assess whether further action, in accordance with any applicable

policies and procedures, is necessary to correct and prevent wrongful conduct and promote appropriate workplace

behavior, such as:

• requiring counseling or training;

• ordering no contact with the Complainant;

• reassigning or transferring an Employee;

• reprimanding the Employee who engaged in wrongful conduct;

• issuing a suspension, probation, or demotion of the Employee who engaged in wrongful conduct; and/or

• terminating employment for the Employee who engaged in wrongful conduct.
12

ii. Unavailable Remedies. Other than under the Back Pay Act,

monetary damages are not available. The Presiding Judicial Officer may

award attorney’s fees only if the statutory requirements under the Back Pay

Act are satisfied.

j. Review of Decision (Appeal). The Complainant and/or the

Respondent may appeal the decision to the judicial council of the circuit by

submitting in writing a Request for Review of Decision setting forth the grounds for

appeal within 30 days of the date of the decision under procedures established by

that judicial council (Appendix 4). The COA EDR Coordinator will inform the

Parties of the procedures for seeking review. The decision will be reviewed based

on the record created by the Presiding Judicial Officer and will be affirmed if

supported by substantial evidence and the proper application of legal principles.

V. FEDERAL PUBLIC DEFENDER ORGANIZATION OBLIGATIONS

To ensure that Employees are aware of the options provided by this Plan, and that the Plan

is effectively implemented, FPDOs must adhere to the following:

A. Adopt and Implement EDR Plan. All FPDOs must adopt and implement an EDR

Plan based on this Model EDR Plan, if authorized by the Court of Appeals. Any

modification of this Model EDR Plan (1) may expand, but should not diminish or

curtail, any of the rights or remedies afforded Employees under this Model EDR

Plan, and (2) must be approved by the judicial council of its circuit. A copy of

each EDR Plan and any subsequent modifications must be filed with the Court of

Appeals and with the Administrative Office.

B. Records. At the conclusion of informal or formal proceedings under this Plan, all

papers, files, and reports will be filed with the FPDO EDR Coordinator. No papers,

files, or reports relating to an EDR matter will be filed in an Employee’s personnel

folder, except as necessary to implement an official personnel action.

Final decisions under this Plan will be made available to the public, appropriately

redacted, in accordance with procedures established by the judicial council of the

circuit, to include redaction of attorney-client and work-product privileged

information.

C. EDR Coordinators. The FPDO will designate both a primary FPDO EDR

Coordinator and at least one alternate FPDO EDR Coordinator for the FPDO. An

FPDO may use an EDR Coordinator from another FPDO, or may use the Circuit

Director of Workplace Relations as an alternate FPDO EDR Coordinator, if

necessary, with the approval of the appropriate FPDO or the Chief Circuit Judge,

respectively. In addition, any EDR Coordinators appointed to serve the COA under

the COA’s EDR Plan are also available to the FPD and FPDO Employees. An

Employee may choose the COA or FPDO EDR Coordinator with whom he or she
13

wishes to seek Informal Advice or request Assisted Resolution. An Employee may

only file a Formal Complaint with a COA EDR Coordinator.

An FPDO EDR Coordinator must be an FPDO Employee. An FPD may not be an

EDR Coordinator. All EDR Coordinators must be trained and certified as set forth

in the EDR Interpretive Guide and Handbook. 

D. Advising Employees of their Rights. Courts and FPDOs must:

1. prominently post on their internal and external main homepages a direct

link, labeled “Your Employee Rights and How to Report Wrongful

Conduct,” to:

• the entire EDR Plan with all Appendices and relevant contact information;

• the Judicial Conduct and Disability Act, the Rules for Judicial-Conduct

and Judicial-Disability Proceedings, and the Judicial Conduct and

Disability Complaint form; and

• contact information for all of the COA and FPDO EDR Coordinators,

Circuit DWR, and the national Office of Judicial Integrity.

2. prominently display in the workplace:

• the posters set forth in Appendix 5; and

• an Anti-Discrimination and Harassment Notice that: (a) states that

discrimination or harassment based on race, color, sex, gender, gender

identity, pregnancy, sexual orientation, religion, national origin, age (40

years and over), or disability is prohibited; (b) explains that Employees

can report, resolve, and seek remedies for discrimination, harassment, or

other wrongful conduct under the EDR Plan by contacting any of the

COA or FPDO EDR Coordinators and/or the Circuit DWR, and/or the

national Office of Judicial Integrity; (c) identifies the names and contact

information of all COA and FPDO EDR Coordinators, the Circuit

Director of Workplace Relations, and the national Office of Judicial

Integrity; and (d) states where the EDR Plan can be located on the

FPDO’s website.

3. ensure that each new Employee receive an electronic or paper copy of the

EDR Plan and acknowledge in writing that he or she has read the Plan; and

4. conduct training annually for all FPDs and Employees to ensure that they are

aware of the rights and obligations under the EDR Plan and the options

available for reporting wrongful conduct and seeking relief.

E. Reporting. FPDOs will provide annually, to the Administrative Office of the United

States Courts and to the Chief Circuit Judge, data on: (1) the number and types of

alleged violations for which Assisted Resolution was requested, and for each matter,

whether it was resolved or was also the subject of a Complaint under this Plan or
14

other complaint; (2) the number and type of alleged violations for which Complaints

under this Plan were filed; (3) the resolution of each Complaint under this Plan

(dismissed or settled prior to a decision, or decided with or without a hearing); and

(4) the rights under this Plan that were found by decision to have been violated.

FPDOs should also provide any information that may be helpful in identifying the

conditions that may have enabled wrongful conduct or prevented its discovery, and

what precautionary or curative steps should be undertaken to prevent its recurrence.

As to any incident for reporting above which necessarily contains or refers to

attorney-client or work-product privileged information inherently involved in the

Complaint, hearing or resolution process, FPDOs will report the incident asrequired

above, but should redact privileged information where applicable.

F. Case assignment due to potential conflict. An Employee who filed or was the

subject of a Request for Assisted Resolution or Formal Complaint (whether pending

or concluded), and who is assigned to appear before a Judge who assessed and

addressed the Request for Assisted Resolution, who served as Presiding Judicial

Officer for the Formal Complaint, or who was involved with allegations made in a

Request for Assisted Resolution or a Formal Complaint, may request that the FPD

reassign the case to another lawyer. The FPD has full discretion to determine

whether reassignment of the case is appropriate under the circumstances.

G. Appendices Attached:

1. Definitions

2. Request for Assisted Resolution

3. Formal Complaint Form

4. Request for Review of Decision Procedures and Sample Form (each FPDO

to attach its circuit’s Request for Review Procedures)

5. Posters

Effective date: September 28, 2021
DEFINITIONS

APPENDIX 1

Circuit Director of Workplace Relations: A circuit Employee who coordinates

workplace conduct issues and the implementation of all court and FPDO EDR Plans within

the circuit. The scope of duties may vary by circuit, but generally, a Circuit Director of

Workplace Relations may: provide Informal Advice and Assisted Resolution under any

EDR Plan within the circuit; assist in training the EDR Coordinators within the circuit;

provide or arrange for training throughout the circuit on workplace conduct, discrimination,

and sexual harassment; and collect and analyze statistical data and other information

relevant to workplace conduct matters.

EDR Coordinator: A Court of Appeals (COA) EDR Coordinator is an EDR Coordinator

designated by the Chief Circuit Judge under the EDR Plan of the COA. An FPDO EDR

Coordinator is an FPDO Employee, other than the FPD, designated by the FPDO to assist

with Informal Advice and Assisted Resolution matters. The COA and FPDO EDR

Coordinators provide confidential advice and guidance (see § IV.B.1.) if an Employee

seeks Informal Advice and coordinates the Assisted Resolution process, including any

necessary investigation. The COA EDR Coordinator (only) accepts Formal Complaints

under this Plan for filing and assists the Presiding Judicial Officer in the Complaint

proceeding, as directed. The FPDO EDR Coordinator maintains and preserves all court

files pertaining to matters initiated and processed under this EDR Plan. These EDR

Coordinators assist the Court of Appeals and FPDO in meeting their obligations under this

Plan to train and advise employees of their rights under this Plan, and to post the Plan as

directed. Additional information on the EDR Coordinator’s responsibilities may be found

in the EDR Interpretive Guide and Handbook.

Employee: All current and former employees of FPDOs, all FPDO law clerks, paid and

unpaid interns, externs, and other volunteers, and applicants for employment who have

been interviewed.

FPDO/Respondent: The FPDO responsible for providing any appropriate remedy.

Judge: A judge appointed under Article III of the Constitution, a United States bankruptcy

judge, a United States magistrate judge, a judge of the Court of Federal Claims, a judge of

the Court of International Trade, or a judge of any court created by Act of Congress in a

territory that is invested with any jurisdiction of a district court of the United States.

Office of Judicial Integrity: The office of the Administrative Office of the United States

Courts staffed to provide advice and guidance to Employees nationwide about workplace

conduct issues, including sexual, racial, and other discriminatory harassment, abusive

conduct and other wrongful conduct. Contact information for the Office of Judicial

Integrity can be found on JNet and on uscourts.gov.

Parties: The FPDO and the Employee who has filed a request for Assisted Resolution or

a Formal Complaint.
2

Protected Category: Race, color, sex, gender, gender identity, pregnancy, sexual

orientation, religion, national origin, age (40 years and over), or disability.
REQUEST FOR ASSISTED RESOLUTION

APPENDIX 2 

*USE OF ASSISTED RESOLUTION DOES NOT EXTEND THE 180-DAY

DEADLINE TO FILE A FORMAL COMPLAINT UNLESS THE DEADLINE IS

EXTENDED UNDER EDR PLAN § IV.C.3.a*

Submitted under the Procedures of the Federal Public Defender Organization

Employment Dispute Resolution Plan

District: 

Full name of person submitting the form: 

Your mailing address:

Your email address: 

Your phone number(s):

Office in which you are employed or applied to:

Name and address of FPDO from which you seek assistance:

Your job title/job title applied for:

Date of interview (for interviewed applicants only):

Date(s) of alleged incident(s) for which you seek Assisted Resolution:

Summary of the actions or occurrences for which you seek Assisted Resolution (attach

additional pages as needed):
2

Names and contact information of any witnesses to the actions or occurrences for which

you seek Assisted Resolution:

Describe the assistance or corrective action you seek:

Alleged Wrongful Conduct for which you seek Assisted Resolution (check all that apply):

□ Discrimination based on (check all

that apply):

□ Race

□ Color

□ Sex

□ Gender

□ Gender identity

□ Pregnancy

□ Sexual orientation

□ Religion

□ National origin

□ Age

□ Disability

□ Harassment based on (check all that

apply):

□ Race

□ Color

□ Sex

□ Gender

□ Gender identity

□ Pregnancy

□ Sexual orientation

□ Religion

□ National origin

□ Age

□ Disability

□ Abusive Conduct

□ Retaliation

□ Whistleblower

Protection

□ Family and Medical

Leave

□ Uniform Services

Employment and

Reemployment

Rights

□ Worker Adjustment

and Retraining

□ Occupational Safety

and Health

□ Polygraph Protection

□ Other (describe)
3

Do you have an attorney or other person who represents you?

□ Yes

Please provide name, mailing address, email address, and phone number(s):

□ No

I acknowledge that this Request will be kept confidential to the extent possible, but

information may be shared to the extent necessary and with those whose involvement is

necessary to resolve this matter, as explained in the EDR Plan (see EDR Plan § IV.B.1).

Your signature

Date submitted

Request for Assisted Resolution reviewed by EDR Coordinator/Circuit Director of

Workplace Relations on 

EDR Coordinator/Circuit Director of Workplace Relations name

EDR Coordinator/Circuit Director of Workplace Relations signature

Local Court Claim ID (Court Initials–AR–YY–Sequential Number):
FORMAL COMPLAINT FORM

APPENDIX 3 

Submitted under the Procedures of the Federal Public Defender Organization

Employment Dispute Resolution Plan

District: _ 

Full name of person submitting the form (Complainant): 

Your mailing address:

Your email address: 

Your phone number(s):

Office in which you are employed or applied to:

Name and address of FPDO from which you seek a remedy:

Your job title/job title applied for:

Date of interview (for interviewed applicants only):

Date(s) of alleged incident(s) for which you seek a remedy:

Summary of the actions or occurrences giving rise to the Complaint (attach additional

pages as needed):
Describe the remedy or corrective action you seek (attach additional pages as needed):

Identify, and provide contact information for, any persons who were involved in this

matter, who were witnesses to the actions or occurrences, or who can provide relevant

information concerning the Complaint (attach additional pages as needed):

Identify the Wrongful Conduct that you believe occurred (check all that apply):

□ Discrimination based on (check all

that apply):

□ Race

□ Color

□ Sex

□ Gender

□ Gender identity

□ Pregnancy

□ Sexual orientation

□ Religion

□ National origin

□ Age

□ Disability

□ Harassment based on (check all that

apply):

□ Race

□ Color

□ Sex

□ Gender

□ Gender identity

□ Pregnancy

□ Sexual orientation

□ Religion

□ National origin

□ Age

□ Disability

□ Abusive Conduct

□ I have already sought Assisted Resolution for this Abusive Conduct claim.

Provide date Request for Assisted Resolution submitted and concluded, and describe the

resolution, if any:

□ Retaliation

□ Whistleblower

Protection

□ Family and Medical

Leave

□ Uniform Services

Employment and

Reemployment

Rights

□ Worker Adjustment

and Retraining

□ Occupational Safety

and Health

□ Polygraph Protection

□ Other (describe)

2
Do you have an attorney or other person who represents you?

□ Yes

Please provide name, mailing address, email address, and phone number(s):

□ No

□ I have attached copy(ies) of any documents that relate to my Complaint (such as emails,

notices of discipline or termination, job application, etc.)

I acknowledge that this Complaint will be kept confidential to the extent possible, but

information may be shared to the extent necessary and with those whose involvement is

necessary to resolve this matter, as explained in the EDR Plan (see EDR Plan § IV.B.1).

I affirm that the information provided in this Complaint is true and correct to the best of

my knowledge:

Complainant signature

Date submitted

Complaint reviewed by EDR Coordinator on 

EDR Coordinator name

EDR Coordinator signature

Local Court Claim ID (Court Initials–FC–YY–Sequential Number):

3 
REQUEST FOR REVIEW OF DECISION (APPEAL)

APPENDIX 4 

Submitted under the Procedures of the Federal Public Defender Organization

Employment Dispute Resolution Plan

[To be drafted by each Circuit and attached here by each FPDO]

SAMPLE FORM

Name of Requesting Party 

Address

Phone Number(s) 

Email Address

Name of Court in Which Presiding Judicial Officer’s Decision Was Issued

, Requesting Party v.

, Responding Party

Request for Review of Decision on Formal Complaint

Notice is hereby given that , (Requesting Party) in the

above named case, hereby requests review by the Judicial Council for the 

Circuit from the decision by Judge entered in this matter on the

day of , 20 . 

□ Attached to this request is a copy of the Presiding Judicial Officer’s decision.

State the reason(s) you contend that the Presiding Judicial Officer’s decision was in

error (attach additional pages if necessary):

Submitted this day of , 20 . 

Signature of Requesting Party

Signature of Counsel, if any

Approved by the Circuit Judicial Council on . 
POSTERS

APPENDIX 5
INFORMAL ADVICE

To request advice about a workplace concern,

contact your Employment Dispute Resolution

(EDR) coordinator, Circuit Director of Workplace

Relations, or the Office of Judicial Integrity.

They can provide you with advice and guidance

on how to address the issue including:

• Your rights under the EDR Plan

• Advice on handling discriminatory,

harassing, or abusive conduct

• Options for addressing the conduct

ASSISTED RESOLUTION

Contact an EDR Coordinator or Circuit

Director of Workplace Relations to request

Assisted Resolution. This interactive,

flexible process may include:

• Discussions with the source of the

conduct

• Preliminary investigation, including

interviewing witnesses

• Resolving the matter by agreement

FORMAL COMPLAINT

Contact an EDR coordinator to file a formal complaint.

The Complaint must be filed within 180 days of the

alleged violation or the discovery of the violation.

This formal process includes:

• Appointment of Presiding Judicial Officer

• An investigation and/or hearing if appropriate

• Written decision

• Appeal rights

Confidentiality

All options for resolution are intended to respect

privacy of all involved to the greatest extent

possible, and to protect the fairness and

thoroughness of the process by which allegations

of wrongful conduct are initiated, investigated, and

ultimately resolved.

Contact Information:

Local EDR Coordinator

First Name, Last Name

Phone

Email

Circuit Director of Workplace Relations

First Name, Last Name,

Phone

Email

National Office of Judicial Integrity

Judicial Integrity Officer

202-502-1603 

AO_OJI@ao.uscourts.gov

Effective date: September 17, 2019

Employees of the Federal Judiciary are protected by the employment rights listed below, as described in Guide to

Judiciary Policy, Vol. 12, Ch. 2.

Employees have options for resolution, including Informal Advice, Assisted Resolution, and filing a Formal Complaint.

Formal Complaints must be filed within 180 days of when the Employee knew or should have known of the alleged violation.

More information, including a list of court EDR Coordinators, can be found on JNet.

Employees may confidentially report workplace discrimination, harassment, abusive behavior, or retaliation to an EDR

Coordinator, Circuit Director of Workplace Relations, or the Judicial Integrity Officer (202-502-1603).

Protection from Unlawful

Discrimination

Prohibits discrimination in personnel

actions based on race, color, sex,

gender, gender identity, pregnancy,

sexual orientation, religion, national

origin, age (40+), or disability.

Protection from Harassment

Prohibits sexual harassment,

discriminatory harassment, and

abusive conduct.

Protection for Exercising

Workplace Rights

Prohibits intimidation, retaliation, or

discrimination against employees

who exercise their employment rights

or report or oppose wrongful conduct,

including whistleblower protection.

Family and Medical Leave

Provides rights and protections for

employees needing leave for

specified family and medical reasons.

Protection for Veterans and

Members of the Uniformed

Services

Protects employees performing

service in the uniformed services

from discrimination and provides

certain benefits and reemployment

rights.

Notification of Office Closings

and Mass Layoffs

Under certain circumstances,

requires that employees be notified of

an office closing or of a mass layoff at

least 60 days in advance of the event.

Hazard-Free Workspaces

Requires employing offices to comply

with occupational safety and health

standards, and provide workplaces

free of recognized hazards.

Polygraph Testing Prohibition

Restricts the use and the results of

polygraph testing.

Effective date: September 17, 2019

These rights are fully explained in Guide to Judiciary Policy, Vol. 12, Ch. 2.
File a

Complaint

File a complaint with

an EDR coordinator

within 180 days of the

conduct (or discovery

of the conduct). Gather

Information

The Presiding Judicial

Officer decides what

investigation and

discovery are needed

and if written

arguments are needed.

Hearing

The Presiding

Judicial Officer

determines if a

hearing is needed.

RIGHTS

DECISION

• An impartial investigation and/or hearing, if appropriate.

• Both parties may use a representative or attorney (at

own expense).

• Both parties may present witnesses and examine

adverse witnesses.

• A prompt written decision by a Presiding JudicialOfficer.

• Appeal.

Effective date: September 17, 2019

APPEAL

Parties have the right to appeal to the circuit

judicial council within 30 days of a decision.