Chambers Handbook for Judges - Federal Judicial Center

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canons should be followed in resolving ethical problems. Keep in mind, however, that the canons do not lessen more stringent standards established by law, court order, or the judge for whom the law clerk works. The Committee on the Codes of Conduct has published formal advisory opinions on issues frequently raised or issues of broad application. These opinions can be found in the Guide to Judiciary Policies and Procedures, Vol. II, Chapter IV. Further guidance in interpreting the Code may be sought from the Committee on the Codes of Conduct. C. Committee on the Codes of Conduct The Judicial Conference established a Committee on the Codes of Conduct: Persons covered by one of the codes of conduct adopted by the Conference may telephone or write the committee, through its chairperson, with questions about the applicability of the particular code to a contemplated action. Before contacting the committee, a law clerk should consult with the judge for whom the clerk works—the committee’s guidance is only advisory and a final decision in any ethical situation is that of the staff member, in consultation with the judge. The Committee on the Codes of Conduct should not be confused with another Conference committee, the Committee on Financial Disclosure, which was previously called the Judicial Ethics Committee. This committee receives financial disclosure reports (generally referred to by their form number, AO-10) from federal judges, magistrate judges, and judicial employees compensated in excess of the salary for Grade 16 of the General Schedule. Therefore, law clerks and secretaries are not required to complete this form. D. Nepotism and Favoritism The Code of Conduct for United States Judges, Canon 3B(4), states: A judge should not make unnecessary appointments and should exercise that power only on the basis of merit, avoiding nepotism and favoritism. A judge should not approve compensation of appointees beyond the fair value of services rendered. 10 Chambers Handbook for Judges’ Law Clerks and Secretaries
Moreover, the Judicial Conference of the United States has resolved: No person should be appointed as law clerk or secretary to a circuit or district judge who is related to the judge concerned within the degree of [first cousin]. The U.S. Code also prohibits nepotism or favoritism in hiring and promoting law clerks and secretaries. See 5 U.S.C. § 3110(b), 28 U.S.C. § 458. Thus, a judge clearly may not hire a secretary or law clerk who is related to the judge as a first cousin or closer. In addition, many judges consider themselves prohibited from hiring the children or other relatives of close friends and from prevailing on other judges in the same court to do so. Though these rules may result in denial of a law clerkship or secretarial position to an otherwise qualified applicant, they prevent criticism of the court as an institution run for the personal benefit of a judge and the judge’s family and friends. Inquiries regarding the propriety of hiring a particular individual may be referred to the General Counsel’s Office of the Administrative Office. E. Compensation for Extra-Judicial Activities; Honoraria The Ethics Reform Act of 1989 prohibits a law clerk or secretary from personally receiving any honorarium during his or her tenure with the court. See 5 U.S.C. app. 7 § 501(b). “Honorarium” is “a payment of money or anything of value for an appearance, speech or article.” 5 U.S.C. app. 7 § 505(3). The Judicial Conference has denoted the following not to be honorarium: compensation for approved teaching, compensation for any writing more extensive than an article, and a suitable, nonmonetary memento or token of no commercial value given in connection with an occasion or article. See Regulations of the Judicial Conference of the United States Under Title VI of the Ethics Reform Act of 1989 Concerning Outside Earned Income, Honoraria, and Outside Employment § 4, in Guide to Judiciary Policies and Procedures, Vol. II, Chapter V. Although Canon 6 of the Code of Conduct for Law Clerks states, “A law clerk may receive compensation and reimbursement of expenses for all extra-official activities permitted by this Code” subject to cer- Conduct, Ethics, and Protocol 11
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 and 18: mation about case management and th
Page 19 and 20: ing the United States Court Directo
Page 21: Chapter 2. Conduct, Ethics, and Pro
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
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added). As the phrase itself implie
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discharge of all dischargeable debt
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Law clerks and secretaries for bank
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§ 3-4. Appeals A. Processing Appea
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ecord on appeal to be filed. The re
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F. Oral Argument If the court does
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number of cases and the burden of w
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after judgment is entered unless a
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§ 3-5. Special Courts The law cler
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declaratory judgments related to th
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Chapter 4. Court Governance and Adm
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arises from its statutory responsib
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temporary assistance from additiona
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agency. The Center and the Administ
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the federal judiciary’s annual re
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Chapter 5. Chambers and Case Manage
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number to be the same. Long-distanc
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abbreviation “cc”) shown at the
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• Case files; • Trial schedules
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With the agreement of a repository,
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assignments and hearing dates. The
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internal operating procedures (IOPs
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B. Calendaring Systems In multijudg
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e one-half of 1% of the number on t
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the judge to probe. In some courts,
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to the Bureau of National Affairs;
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• Try persons accused of, and sen
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decides that oral argument is not n
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The senior active judge on the pane
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Chapter 6. Relations with Other Cou
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The docket clerk (sometimes called
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§ 6-7. Other Law Clerks and Secret
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the legal issues, prepares a memora
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with the parties and counsel in att
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In addition to the usual responsibi
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their designees. The chief pretrial
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terest to chambers’ staff, provid
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• Drug Enforcement Agency (DEA)
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Chapter 7. Legal Research and Writi
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• Read the opinions in full. Care
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the court, as well as other decisio
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• Write succinctly, clearly, and
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Richard C. Wydick, Plain English fo
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learn about the issues, and researc
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• The type of memo, or a short su
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tain these files on computer disk,
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as they often surface first during
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nonjury case, announced from the be
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- Outline the opinion. In opinions,
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judges, however, direct their law c
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sentence without clearly articulati
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offenders may seek the same relief
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form, the clerk of court opens a re
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• Check the formal elements - Com
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Appendix Code of Conduct for Judici
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Canon 1 A judicial employee should
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• 18 U.S.C. § 646 (court officer
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(iv) he or she, a spouse, or a pers
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either the staff member or the judg
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(3) A judicial employee should repo
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A judicial employee should make and
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The Federal Judicial Center Board T
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Chambers Handbook for Judges - Federal Judicial Center

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