NCJ Number
196378
Date Published
2002
Length
26 pages
Annotation
This brochure reviews ethical obligations for law clerks.
Abstract
There are several issues identified by the Judicial Conference Committee on the Codes of Conduct in which ethical issues most often arise for law clerks: confidentiality; conflicts of interest; outside legal activities; dealings with prospective employers; outside professional, social, and community activities; receipt of gifts and honoraria; and political activity. Law clerks should review a copy of Volume II of the Guide to Judiciary Policies and Procedures, which contains information used by the judiciary in its day-to-day operations. Volume II focuses on The Code of Conduct for Judicial Employees, the Ethics Reform Act of 1989, published advisory opinions of the Codes of Conduct Committee, the Compendium of Selected Opinions of the Codes of Conduct Committee, and a new Compendium of Selected Employee Opinions. When evaluating a particular course of conduct, a law clerk must look at all the relevant canons and statutes. Some rules are more restrictive for law clerks than for other court employees. Employees should not disclose confidential information or comment on the merits of a pending or impending action. Conflicts of interest arise when a law clerk knows that he or she might be so personally or financially affected by a matter that a reasonable person would question the ability to perform official duties impartially. Outside legal activities must ensure that an employee’s activities do not interfere with official duties or reflect poorly on the court. Applying for employment, interviewing, and negotiating for a position can each present ethical issues, including confidentiality, benefits, conflicts, and post-clerkship considerations. Important restrictions in outside activities include using the prestige of office to solicit funds; soliciting funds from subordinates and other court personnel; and soliciting funds from attorneys. Exceptions to the general prohibition on receipt of gifts include ordinary social hospitality; gifts from relatives and friends on special occasions; and scholarships or fellowships on standard terms. A law clerk is barred from participating in partisan and non-partisan political activity, including running for office and publicly endorsing candidates.