COMMITTEE ON CODES OF CONDUCT
ADVISORY OPINION NO. 74
Law Clerk's Future Employer.
Judges have inquired about appropriate procedures when it is contemplated
that a law clerk may accept employment with a lawyer or law firm in a pending
case.
The Committee advises that that circumstance does not in itself
mandate disqualification of the judge. In such circumstances, however,
the law clerk should have no involvement whatsoever in pending matters
handled by the prospective employer. See Federal Judicial Center,
Chambers Handbook for Judges' Law Clerks and Secretaries (1994).
It is the view of the Committee that the need to exclude the law clerk
from involvement in pending matters handled by the prospective employer
arises whenever an offer of employment has been extended to the law clerk
and either has been, or may be, accepted by the law clerk; the formalities
are not crucial.
The occasion for these precautionary measures does not arise merely
because the law clerk has submitted an application for employment, but
there may be situations in which, because of the nature of the litigation,
or the likelihood that a future employment relationship with the clerk
will develop, the judge may feel it advisable to take these precautionary
measures even at a preliminary stage of the employment discussions.
To deal appropriately with this problem, the judge should take reasonable
steps to require that law clerks keep the judge informed of their future
employment plans and prospects. See,
generally, Canon 4C(4)
of the Code of Conduct for Judicial Employees.
In appropriate circumstances, the judge may elect to inform counsel
that the law clerk may have a prospective employment relation with counsel
and that the foregoing policy is being followed.
October 26, 1984
Revised January 16, 1998