Chambers Handbook for Judges - Federal Judicial Center

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opinions or judgments that are already in the public record. 2. Rules Regarding the Media in Court Guidelines for allowing cameras and electronic reproduction equipment in the courtroom are published in the Guide to Judiciary Policies and Procedures, Vol. I, Chapter III, Part E. This policy was previously published as Canon 3A(7) in the Code of Conduct for U.S. Judges, but in September 1990, the Judicial Conference struck the canon and revised the policy, extending the permissible use of cameras and electronic reproduction equipment in the courtroom. Under the revised policy, a judge may authorize broadcasting, televising, recording, or taking photographs in the courtroom during ceremonial proceedings for any purpose. For nonceremonial proceedings, such activities in the courtroom may be allowed for presenting evidence, perpetuating a record of the proceedings, and for security or judicial administration purposes. (Canon 3A(7) limited nonceremonial use to “presentation of evidence” and “perpetuation of the record.”) Except for courts participating in a pilot program (see below), the policy does not authorize contemporaneous broadcasting of nonceremonial proceedings from the courtroom to the public. The policy also does not authorize audiotaping or videotaping in the courtroom for subsequent dissemination to the public; the public has access to the official written record. Federal Rule of Criminal Procedure 53 prohibits photographing and radio broadcasting of criminal proceedings. In 1990, the Judicial Conference authorized a three-year experiment permitting photographing, recording, and broadcasting of civil proceedings and appeals pursuant to special guidelines. The Federal Judicial Center is monitoring and evaluating the pilot. The participating courts are the Courts of Appeals for the Second and Ninth Circuits, the Southern District of Indiana, the District of Massachusetts, the Eastern District of Michigan, the Southern District of New York, the Eastern District of Pennsylvania, and the Western District of Washington. 18 Chambers Handbook for Judges’ Law Clerks and Secretaries
In addition, the Judicial Conference gave the circuit judicial councils supervisory authority over the use of cameras in the courtroom in accordance with its guidelines, and some circuit councils have adopted specific instructions. Many district and appellate courts have local rules or standing orders regarding the relationship between the courts and the media. Law clerks and secretaries should review and be familiar with any local rule of the district or circuit relating to this topic and should assist in the enforcement of that rule. Although local rules restrict the means by which news may be reported (e.g., no cameras or broadcasting from the courtroom or environs), “there is nothing that proscribes the press from reporting events that transpire in the courtroom.” Sheppard v. Maxwell, 384 U.S. 333, 362–63 (1966). See also Nebraska Press Association v. Stuart, 427 U.S. 539 (1976). The Constitution creates a presumption that trials will be open. Press-Enterprise Co. v. Superior Court, 464 U.S. 501 (1984). This does not necessarily apply to pretrial proceedings (Waller v. Georgia, 467 U.S. 39 (1984)), but it does apply to argument of cases in both trial and appellate courts. I. The Attorneys Chambers staff should be friendly, courteous, and helpful to lawyers. At the same time, law clerks and secretaries should always keep in mind that they work for and are responsible to the judge, not to lawyers. Law clerks and secretaries must be firm in resisting any effort by lawyers to gain improper advantage, to win favor, or to enlist sympathy. Nothing should be revealed to an attorney that could not be revealed to the general public. A few lawyers, perhaps because of their instincts as advocates, may attempt to gain information from chambers staff or to make a plea about the equity or justice of the result the lawyer is seeking. Law clerks and secretaries should not engage in any discussion with an attorney about a pending case or a decision that has been reached by the judge. Whatever the attorney has to say about a case should be set forth in a written pleading, memorandum, or letter, or by oral argument. Opposing counsel should receive copies of written materials or be present for oral argument. Ex parte communica- Conduct, Ethics, and Protocol 19
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 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: appellate argument, law clerks must
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
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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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