Clerk Rule Change Unlikely To Trigger Judicial Ethics Probes

 LAP’s President and Founder Aliza Shatzman spoke with Law360 about a recent Judicial Conference rules change to the Rules for Judicial Conduct & Disability Proceedings encouraging chief district judges to report information to chief circuit judges when law clerks are reassigned due to mistreatment.

Shatzman called the change “window dressing” and predicted chief circuit judges are "just going to sit on any information they receive about clerk reassignments."

"I think the rules change should specify not just that the chief district judge must report to the chief circuit judge, but that the chief circuit judge should also open an investigation," said Shatzman.

Shatzman added, “what would make more of a difference would be disclosing whenever a clerk leaves their clerkship before the end of their scheduled clerkship period. That would be more significant because many do," and this should be a red flag for both clerkship applicants and the judiciary, Shatzman said.

What Shatzman would like to see is a rule that obligates chief circuit judges to open an investigation and to inform Congress and the public when clerks are reassigned due to misconduct allegations against a judge. Even if judges' names are not disclosed, the judiciary could cite clerk reassignments in broad terms in an annual report, Shatzman explained.

"This rules change is certainly progress. We do like the judiciary to share information, because they've been notoriously unwilling to," Shatzman said. "But at the end of the day, the goal is not for a chief district judge to share information with the chief circuit judge. The goal is for the judiciary to share information with the public and with Congress."