Chambers Handbook for Judges - Federal Judicial Center

Indeed, some judges forbid their law clerks to discuss pending cases
even with other law clerks.
Many district courts have rules forbidding court personnel to divulge
information about pending cases. The duty to keep information
confidential is grave; for example, willful violations of the Judicial Council
of the District of Columbia’s Confidentiality Rule may result in disciplinary
action, dismissal, and prosecution for criminal contempt. If
friends, representatives of news media, or others inquire concerning
any proceeding, the law clerk or secretary may refer them to the official
record in the office of the clerk of court.
D. Informing the Judge of Information Received
Informally
The judge should be apprised of informal communications to law clerks
and secretaries regarding pending cases. For example, an attorney may
call to state that there is no objection to a pending motion, or that
both attorneys jointly request the continuance of a hearing. Because of
the impact of these events on docket management, the judge may wish
to take some action. For example, the judge may wish to call a conference
of counsel, or devote increased attention to another matter for
which immediate preparation is necessary. Informal information can
save the judge and the staff wasted effort.
A dilemma arises when the law clerk or secretary receives specific
information about the progress of settlement negotiations in a case in
which the judge is to be the trier of fact. Settlement proposals or discussions
are ordinarily inadmissible at trial, and therefore some judges
shield themselves from knowledge of settlement negotiations that might
affect their judgment. Other judges either like to, or are willing to,
have such information and are confident that they will not be
influenced by it. Chambers staff must be guided by the policy of the
individual judge in this regard.
E. Courtroom Demeanor
The law clerk, like the judge, is required to be impartial. During a jury
trial, physical cues within view of the jurors may compromise impartiality
and unfairly influence the jury. Even during a bench trial or
16 Chambers Handbook for Judges’ Law Clerks and Secretaries