Chambers Handbook for Judges - Federal Judicial Center

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tain restrictions, the stricter proscriptions of the Ethics Reform Act govern. Because the Conference has delegated its administrative authority over Supreme Court employees under the Ethics Reform Act to the Chief Justice, before accepting honoraria, Supreme Court law clerks and secretaries should look to Court regulations for guidance. F. Gifts The Ethics Reform Act of 1989 proscribes the giving, solicitation, or acceptance of certain gifts by judicial branch officers and employees. See 5 U.S.C. §§ 7351, 7353. For example, a law clerk or secretary may not accept a gift in return for being influenced in the performance of any official act. 5 U.S.C. § 7353(b)(2)(B). Section C(2) of Canon 5 of the Code of Conduct for Law Clerks also restricts the types of gifts any law clerk may accept. The Judicial Conference has issued a set of regulations entitled Regulations of the Judicial Conference of the United States Under Title III of the Ethics Reform Act of 1989 Concerning Gifts to administer the Act. Again, because the Conference has delegated its administrative authority over Supreme Court employees under the Ethics Reform Act to the Chief Justice, Supreme Court law clerks and secretaries should become familiar with regulations promulgated by the Chief Justice concerning gifts. G. Political Activity A September 1943 Judicial Conference resolution states that judicial branch employees should not participate in the kind of political activity forbidden to executive branch employees by the Hatch Political Activity Act as codified in Titles 5 and 18 of the U.S. Code. In general terms, the act prohibits federal government employees from actively participating in political campaigns in partisan elections. In 1993, Congress eased some of the Hatch Act restrictions, but, like the original act, these amendments do not apply officially to judicial branch employees. Under the Hatch Act, government employees may express their views, wear candidates’ buttons, contribute to campaigns, and belong 12 Chambers Handbook for Judges’ Law Clerks and Secretaries
to political parties, but may not make campaign speeches, solicit campaign contributions, or otherwise work on campaigns, organize political meetings, or serve as an officer of a political organization. These prohibitions do not apply to elections in which candidates do not run as representatives of the national political parties (such as many school board elections). Canon 7 of the Code of Conduct for Law Clerks reads as follows: A law clerk should refrain from political activity; a law clerk should not act as a leader or hold office in a political organization; a law clerk should not make speeches for or publicly endorse a political organization or candidate; a law clerk should not solicit funds for or contribute to a political organization, candidate, or event; a law clerk should not become a candidate for political or public office; a law clerk should not otherwise engage in political activities. Where the canon is stricter than the Act, the canon provides the applicable standard for law clerks. Thus, although the Act would permit it, law clerks may not wear campaign buttons or contribute funds to a political organization. Law clerks and secretaries should never, even in private conversation, attribute to the judge any position on any legal or political issue. When asked about the judge’s opinion on such a matter, law clerks and secretaries must indicate that they are not in a position to comment (unless the judge clearly does not object to such discussion). If judges wish to publicize their thoughts, they know how to do so. H. Conflicts of Interest and Restrictions on the Practice of Law Law clerks and secretaries may not ask for or receive compensation for “services rendered” in relation to any proceeding, determination, ruling, or matter in which the government has an interest. 18 U.S.C. § 203. Further, they must not act on behalf of individuals as attorneys or agents in matters affecting the government. 18 U.S.C. § 205. Section 205 prohibits, for example, a law clerk or secretary from acting as representative for an individual prosecuting a claim against the United States. Conduct, Ethics, and Protocol 13
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 and 22: Chapter 2. Conduct, Ethics, and Pro
Page 23: Moreover, the Judicial Conference o
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
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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
Page 97 and 98:
arises from its statutory responsib
Page 99 and 100:
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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