Law Clerks And The Judicial Process

This is the first in-depth empirical and historical study of the use of law clerks by American judges. Although possessing a hundred-year heritage, the institution has been ignored as an important component of the process of judicial decision-making. Law clerks are, in the authors' words, "subordinate, anonymous, but often quite powerful lawyers who function as the non-commissioned officers in the army of the judiciary." American courts are currently altering the traditional use of law clerks through the introduction of important innovations that enhance the ability of judges to dispose of cases rapidly but detract from personal judicial control over individual decisions. The authors investigate the clash of tradition and innovation through interviews with sixty-three judges of federal courts and appellate courts in California. They find distinctly different models of law clerk usage in the state and federal systems, which they analyze on the basis of the judges' own perceptions of the qualitative and quantitive impact on their decision of variations in the character, tenure, and duties of staff assistants. They offer suggestions on how modern courts can cope with the "crisis of volume" without unduly sacrificing traditional standards of judicial autonomy. Because of the confidential nature of judicial deliberations, judges are rarely willing to discuss publicly their use of law clerks. This study employs unconventional techniques for penetrating the secrecy of judicial chambers while respecting the confidentiality and the individuality of its sources. It presents important new information on the internal operating procedures of the courts studies, collating interview data with facts abstracted from pre-existing but often obscure sources, and providing a particularly close look at the inner workings of the Supreme Court of California and the United States Court of Appeals for the Ninth Circuit. Revealing the significance of public funding of judicial staff in determining patterns of law clerk usage, it should promote further investigation and debate regarding the proper structure and role of staff assistance in the judicial process. This title is part of UC Press's Voices Revived program, which commemorates University of California Press’s mission to seek out and cultivate the brightest minds and give them voice, reach, and impact. Drawing on a backlist dating to 1893, Voices Revived makes high-quality, peer-reviewed scholarship accessible once again using print-on-demand technology. This title was originally published in 1980.

New law clerks: welcome to the federal court system. Career clerks: thank you for your continued service. During your clerkship, you will provide valuable assistance as your judge resolves disputes that are of great importance to the parties, and often to the public. The parties and the public accept judges' rulings because they trust the system to be fair and impartial. Maintaining this trust is crucial to the continued success of our courts. That's why, although you have many responsibilities that demand your attention, you must never lose sight of your ethical obligations. You need to become familiar with the Code of Conduct for Judicial Employees, which has five canons. In brief, the canons provide that you should - uphold the independence and integrity of the judiciary and of your office - avoid impropriety and the appearance of impropriety in all activities - adhere to appropriate standards in performing your duties; - avoid conflict with official duties and the appearance of impropriety in all outside activities - refrain from inappropriate political activities Scrupulously follow these canons and the other rules that govern your conduct. Do not assume that good intentions are enough. It is not enough to simply learn and follow the Code of Conduct and other related ethics rules, however. You also need to familiarize yourself with and follow your judge's ethical guidelines. These guidelines may differ from chambers to chambers. Your judge may impose restrictions that go beyond the Code. Although many of your obligations are the same as those of other federal judicial employees, certain restrictions are more stringent because of your special position in relation to the judge.

Praise for In Chambers: "This new collection of essays, including some by former clerks, takes readers inside justices’ chambers for a look at clerkship life.... [T]he best parts of the book are the behind-the-scenes descriptions of life at the court."— Associated Press "An excellent book... It’s interesting for many different reasons, not the least of which as a reminder of how much of a bastion of elitism the Court has always been."— Atlantic Monthly In his earlier books, In Chambers and Of Courtiers and Kings, Todd C. Peppers provided an insider’s view of the Supreme Court from the perspective of the clerks who worked closely with some of its most important justices. With Of Courtiers and Princes, he concludes the trilogy by examining the understudied yet equally fascinating role of lower court clerks—encompassing pioneering women and minorities. Drawing on contributions from former law clerks and judicial scholars—including an essay by Ruth Bader Ginsburg—the book provides an inside look at the professional and personal bonds that form between lower court judges and their clerks. While the individual essays often focus on a single judge and his or her corps of law clerks, including their selection process, contributions, and even influence, the book as a whole provides a macro-level view of the law clerk’s role in the rapidly changing world of lower federal and state courts, thereby offering an unusual yet crucial perspective on the inner workings of our judicial system.

Looking at judges and lawyers in civil and criminal courts at the state and federal levels, the authors discuss variables affecting the judicial process, and contend that all judges engage in public policy-making. This edition covers recent changes and trends, including the impact of Clinton appointments.

In Chambers is a refreshingly brief and focused book that addresses the key concepts and basic skills clerks and externs need to have on day one. It explains rudimentary tasks, such as reading a docket sheet and working with a case file, and offers detailed instructions on drafting jury instructions. Sources of authority commonly relied upon by the courts are identified for specific topics, and a helpful note-taking system is provided. Standards of review are covered in detail, including the standard for mixed questions of fact and law. Useful checklists are provided as well for drafting documents. Exercises at the end of chapters evaluate the reader’s comprehension and application of the materials. The text of In Chambers is informed by the author's own experience as a judicial clerk as well as her involvement with the externship programs at Appalachian School of Law and Mercer University School of Law. Features: Addresses key concepts and basic skills that clerks and externs need to have on day one Explains rudimentary tasks reading a docket sheet working with a case file Offers detailed instructions on drafting jury instructions Identifies sources of authority commonly relied upon by the courts in specific areas Provides a helpful note-taking system Explains standards of review in detail includes standard for mixed questions of fact and law Includes checklists for drafting documents Features chapter-ending exercises evaluate the reader's comprehension apply materials to real situations Informed by author's experience served as a judicial clerk involved in the externship programs at Appalachian School of Law and Mercer University School of Law

Click here to read an interview with Gunnar Grendstad and Jørn Øyrehagen Sunde about the book in Juristen; a Norwegian journal. Norway's Supreme Court is one of the most powerful Supreme Courts in Europe. This position is in large parts due to the role and expansion of the law clerks on the Court. Beginning in 1957 with a single clerk, the number of law clerks has increased dramatically. Today, the clerks outnumber the justices, and their tasks have expanded considerably. In 1957 the task was to prepare civil appeals. Today, clerks assist in most stages of the Court's decisional process, including the writing of the final decision. The expansion and institutionalisation of the clerk unit have enabled the justices to commence on policymaking and on developing the law. The law clerks have been key in the development of a more proactive and powerful Norwegian Supreme Court. This book is the first comprehensive study of law clerks in a European Supreme Court. It will be valuable to lawyers, historians and political scientists who care about the expanding role of courts and the impact of courts on politics, society, and the legal system.