Chambers Handbook for Judges - Federal Judicial Center

More documents

Recommendations

Info

B. Suggested Supplementary Reading for Law Clerks Bruce A. Ackerman, In Memoriam: Henry J. Friendly, 99 Harv. L. Rev. 1709 (1986) Ruggero J. Aldisert, Super Chief: Earl Warren and His Supreme Court, 72 Ca. L. Rev. 275 (1984) (reviewing Bernard Schwartz, Super Chief: Earl Warren and His Supreme Court, a Judicial Biography (1983)) Paul R. Baier, The Law Clerks: Profile of an Institution, 26 Vand. L. Rev. 1125 (1973) George D. Braden, The Value of Law Clerks, 24 Miss. L.J. 295 (1953) Victor Brudney & Richard F. Wolfson, Mr. Justice Rutledge—Law Clerk’s Reflections, 25 Ind. L.J. 455 (1950) David Crump, How Judges Use Their Law Clerks, N.Y. St. B.J. 43 (May 1986) Norman Dorsen, Law Clerks in Appellate Courts in the United States, 26 Mod. L. Rev. 265 (1963) Arthur F. Fite III, Law Clerkships—Three Inside Views, 33 Ala. L. Rev. 155 (1972) Nicholas Johnson, What Do Law Clerks Do?, 22 Tex. B.J. 229 (1959) Judicial Clerkships: A Symposium on the Institution, 26 Vand. L. Rev. 1123 (1973) Philip B. Kurland, Jerome N. Frank, Some Reflections and Recollections of a Law Clerk, 24 U. Chi. L. Rev. 661 (1957) Earl D. Leach, Recollections of a Holmes Secretary, 1941 Harv. L. Sch. Bull. 12 Chief Judge T. John Lesinski, Judicial Research Assistants: The Michigan Experience, 10 Judges’ J. 54 (1971) Alfred McCormack, A Law Clerk’s Recollections, 46 Colum. L. Rev. 710 (1946) John B. Oakley & Robert S. Thompson, Law Clerks and the Judicial Process, Perceptions of the Qualities and Functions of Law Clerks in American Courts (1980) C. Special Preparation for Secretaries Secretaries should become familiar with the Guide to Judiciary Policies and Procedures, published by the Administrative Office of the U.S. Courts. The Administrative Office also distributes helpful directories, includ- 6 Chambers Handbook for Judges’ Law Clerks and Secretaries
ing the United States Court Directory, the Directory of United States Probation and Pretrial Services Offices, and the Telephone Directory. The Telephone Directory lists the telephone numbers and shows the organizational structure of the Administrative Office, the Federal Judicial Center, the Judicial Panel on Multidistrict Litigation, and the U.S. Sentencing Commission. For secretaries unfamiliar with the federal court system, Federal Courts and What They Do, a Federal Judicial Center publication, may be helpful. § 1-5. Orientation and Continuing Education Many courts provide orientation programs for law clerks and secretaries, and some provide various kinds of local educational programs for court personnel generally or for the bar. Newly appointed law clerks and secretaries should ask whether the court has any such programs that are open to them. Typically, a personnel specialist in the office of the clerk of court can explain the government-wide and judiciary-wide policies and options. New law clerks and secretaries should become familiar with the details of employee benefits (such as health insurance), policy regarding leave, and other particulars. On some matters, such as office hours and leave policy, the new employee should also learn the particular preferences of the judge. Some courts have other specific practices, such as awarding certificates of completion at the end of a law clerk’s term. Most court units have designated a training specialist who identifies local training needs and develops programs to meet those needs. District, bankruptcy, and appellate clerks’ offices, probation and pretrial services offices, and circuit executives’ offices usually have such a specialist. A secretary interested in obtaining more information on local training or continuing education should contact the clerk of court. The Federal Judicial Center provides technical assistance in the design and development of court training programs, including programs for judges’ secretaries, and funding to supplement court funds. Although the Federal Judicial Center provides continuing education and training for judges and permanent court employees, the Board of the Center has determined, because of the temporary nature of law Introduction 7
Page 1 and 2: Chambers Handbook for Judges’ Law
Page 3 and 4: Contents Preface xi Chapter 1. Intr
Page 5 and 6: P. Trial 42 Q. Post-Trial Motions a
Page 7 and 8: B. Federal Judicial Center 88 C. Un
Page 9 and 10: Chapter 7. Legal Research and Writi
Page 11 and 12: Preface In 1977, the Federal Judici
Page 13 and 14: Chapter 1. Introduction § 1-1. Fun
Page 15 and 16: practice was continued by his succe
Page 17: mation about case management and th
Page 21 and 22: Chapter 2. Conduct, Ethics, and Pro
Page 23 and 24: Moreover, the Judicial Conference o
Page 25 and 26: to political parties, but may not m
Page 27 and 28: ers. This court is a family, and th
Page 29 and 30: appellate argument, law clerks must
Page 31 and 32: In addition, the Judicial Conferenc
Page 33 and 34: Judges who want their law clerks to
Page 35 and 36: Chapter 3. Basic Analysis of Litiga
Page 37 and 38: number 1). The prefix “Cr.” or
Page 39 and 40: A plaintiff electing to serve a sum
Page 41 and 42: • Draft, for the judge’s approv
Page 43 and 44: tinuance of the argument on motions
Page 45 and 46: with the judge to determine when th
Page 47 and 48: cept the decision, the case is term
Page 49 and 50: The Civil Justice Reform Act of 199
Page 51 and 52: 2. Summary Judgment and Amended Ple
Page 53 and 54: N. Pretrial Orders In civil cases o
Page 55 and 56: nient alternative is for the court
Page 57 and 58: is called) is final and may be appe
Page 59 and 60: • Issuance of summons (Fed. R. Cr
Page 61 and 62: prosecution reduce the charge, dism
Page 63 and 64: tence. If the defendant is not in c
Page 65 and 66: • Knowingly make a materially fal
Page 67 and 68: lower than the mandatory minimum, t
Page 69 and 70:
it is illegal, except that the gove
Page 71 and 72:
the United States Code Annotated fo
Page 73 and 74:
and simpler books on bankruptcy are
Page 75 and 76:
added). As the phrase itself implie
Page 77 and 78:
discharge of all dischargeable debt
Page 79 and 80:
Law clerks and secretaries for bank
Page 81 and 82:
§ 3-4. Appeals A. Processing Appea
Page 83 and 84:
ecord on appeal to be filed. The re
Page 85 and 86:
F. Oral Argument If the court does
Page 87 and 88:
number of cases and the burden of w
Page 89 and 90:
after judgment is entered unless a
Page 91 and 92:
§ 3-5. Special Courts The law cler
Page 93 and 94:
declaratory judgments related to th
Page 95 and 96:
Chapter 4. Court Governance and Adm
Page 97 and 98:
arises from its statutory responsib
Page 99 and 100:
temporary assistance from additiona
Page 101 and 102:
agency. The Center and the Administ
Page 103 and 104:
the federal judiciary’s annual re
Page 105 and 106:
Chapter 5. Chambers and Case Manage
Page 107 and 108:
number to be the same. Long-distanc
Page 109 and 110:
abbreviation “cc”) shown at the
Page 111 and 112:
• Case files; • Trial schedules
Page 113 and 114:
With the agreement of a repository,
Page 115 and 116:
assignments and hearing dates. The
Page 117 and 118:
internal operating procedures (IOPs
Page 119 and 120:
B. Calendaring Systems In multijudg
Page 121 and 122:
e one-half of 1% of the number on t
Page 123 and 124:
the judge to probe. In some courts,
Page 125 and 126:
to the Bureau of National Affairs;
Page 127 and 128:
• Try persons accused of, and sen
Page 129 and 130:
decides that oral argument is not n
Page 131 and 132:
The senior active judge on the pane
Page 133 and 134:
Chapter 6. Relations with Other Cou
Page 135 and 136:
The docket clerk (sometimes called
Page 137 and 138:
§ 6-7. Other Law Clerks and Secret
Page 139 and 140:
the legal issues, prepares a memora
Page 141 and 142:
with the parties and counsel in att
Page 143 and 144:
In addition to the usual responsibi
Page 145 and 146:
their designees. The chief pretrial
Page 147 and 148:
terest to chambers’ staff, provid
Page 149 and 150:
• Drug Enforcement Agency (DEA)
Page 151 and 152:
Chapter 7. Legal Research and Writi
Page 153 and 154:
• Read the opinions in full. Care
Page 155 and 156:
the court, as well as other decisio
Page 157 and 158:
• Write succinctly, clearly, and
Page 159 and 160:
Richard C. Wydick, Plain English fo
Page 161 and 162:
learn about the issues, and researc
Page 163 and 164:
• The type of memo, or a short su
Page 165 and 166:
tain these files on computer disk,
Page 167 and 168:
as they often surface first during
Page 169 and 170:
nonjury case, announced from the be
Page 171 and 172:
- Outline the opinion. In opinions,
Page 173 and 174:
judges, however, direct their law c
Page 175 and 176:
sentence without clearly articulati
Page 177 and 178:
offenders may seek the same relief
Page 179 and 180:
form, the clerk of court opens a re
Page 181 and 182:
• Check the formal elements - Com
Page 183 and 184:
Appendix Code of Conduct for Judici
Page 185 and 186:
Canon 1 A judicial employee should
Page 187 and 188:
• 18 U.S.C. § 646 (court officer
Page 189 and 190:
(iv) he or she, a spouse, or a pers
Page 191 and 192:
either the staff member or the judg
Page 193 and 194:
(3) A judicial employee should repo
Page 195 and 196:
A judicial employee should make and
Page 197 and 198:
The Federal Judicial Center Board T
show all

Chambers Handbook for Judges - Federal Judicial Center

You also want an ePaper? Increase the reach of your titles

Delete template?

Save as template?