Federal judges should prevent their law clerks from seeking employment with political organizations while they remain part of the court system to protect the judiciary’s independence, according to new ethical guidance.
The U.S. Judicial Conference’s Committee on Codes of Conduct issued the guidance on Thursday, offering an election-year update to an advisory opinion on permissible and prohibited political activities for judicial employees.
The code of conduct already advises judges to avoid political activities, and previous guidance barred employees from participating in activities like joining partisan political organizations.
The new guidance extends this by urging judges to stop clerks from pursuing jobs with political parties, partisan groups, or organizations focused on campaigning against candidates or parties in elections.
The advisory opinion stated, “A law clerk who applies for a job with a political organization risks linking the judge’s chambers to political activity, which could compromise the independence of the judiciary.”
This revised ethical opinion emerged as the judiciary continues considering whether to provide new guidance on the ethical responsibilities of judges when hiring law clerks.
This issue gained attention following concerns about two judges hiring a clerk accused of racist conduct while working for a conservative advocacy group.
The clerk later secured a prestigious position with U.S. Supreme Court Justice Clarence Thomas. Questions have also surfaced about the ethical propriety of recent announcements by several conservative judges, who declared they would refuse to hire clerks from certain law schools, including Columbia, due to protests and disruptions on their campuses.
