On Tuesday, July 16, 2024, the ABA Journal reported that the federal judiciary is considering new ethical guidelines for hiring law clerks in the wake of past controversies.
According to the report, at its March meeting the U.S. Judicial Conference tasked its Committee on Codes of Conduct with evaluating whether additional guidance is needed regarding judges’ ethical duties in the hiring process. The Conference also referred the issue to its Committee on Judicial Conduct and Disability to determine if rule changes are required regarding complaints about potential impropriety.
This review was spurred by an incident in which two judges hired a clerk who had previously been accused of making racist statements. That clerk, Crystal Clanton, subsequently obtained a position with Supreme Court Justice Clarence Thomas. Past reports indicated Clanton had sent text messages stating she hated Black people, though an investigation found evidence the claims were fabricated.
The committees looked into allegations of misconduct against 11th Circuit Chief Judge William Pryor and U.S. District Judge Corey Maze for their handling of Clanton’s hiring. However, the 2nd Circuit Judicial Council dismissed complaints against the judges in January 2022. In November 2023, the 2nd Circuit declined to revisit its initial ruling, with Judges Pryor and Maze arguing the national committee lacked power to override the Judicial Conduct Act.
As the fallout from this case continued over two years, it exposed deficiencies in screening potential employees and handling related complaints. The latest ABA Journal article suggests the judiciary aims to strengthen its policies through the recommendations of these two committees.
Source: ABA Journal
