Obvious Important News For New Clerks
Some of you might remember that there is a presidential election going on. Turnout is expected to be high and many voters will be participating for the first time.
However, if you are a federal clerk you had better keep your political opinions to yourself. Free speech does not exist for you. One of our readers pointed out:
I just accepted a position as a federal law clerk for the 2009-10 term. I also have an Obama sticker on my bumper and an Obama sign in my yard. According to Ethics for Federal Judicial Law Clerks (p.20), I would be violating Canon 5 of the Code of Conduct for Judicial Employees if I were currently clerking.
Pretty much. The scope of political activity is curtailed not just by the canons of judicial ethics, but also by the Hatch Act. As a clerk, you are discouraged from giving money, attending events, you’re not even allowed to wear a campaign button to work.
We’re all for judicial impartiality, but making clerks say “I don’t know nothin about birthin’ no babies” seems a bit undemocratic (small “d”) to us. Federal clerks participate in some of the most important decisions about how we live, and we expect them to be able to weigh both sides without passion or prejudice. But a bumper sticker removes the veil of ignorance and reduces clerks to partisan hacks? A legal fiction is one thing, this is a legal farce.
Luckily for new clerks like our reader, this is not a problem for 2009-2010 clerks. They can go nuts until they are “official” federal employees. But current clerks can attest to the exact moment where free speech falls to the illusion of impartiality.
Update: If you’re interested in learning more about clerkships, and if you’ll be in Washington on Saturday, October, 4, this free event may be of interest to you.
Earlier: Prior ATL coverage of clerkships
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These pretzels are making me FIRSTY!
Jimmny Pop is first.
Having an Obama sign not only shows you are not qualified to be a clerk, but you should also be disqualified from all but the hottest and noisiest jobs
Elie Mystal - left wing hack.
Wow, Elie, you complain a lot.
This rule for clerks has been around for a long time and is well known. In 2004, I had to say "no" even to invitations to partisan "debate parties." It's not as if you can't vote. It's really not that big of a deal.
Nice try Jimmy Pop.
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It was worse last year. I knew a clerk who wasn't allowed to attend a secret caucus because it would indicate which party he preferred simply by walking into the caucus room.
Why haven't any clerks contested this "rule" preemptively?
I have an Obama tattoo across my forehead. Do I need to paper-bag myself every day while at work?
Wow, Elie, you complain a lot.
This rule for clerks has been around for a long time and is well known. In 2004, I had to say "no" even to invitations to partisan "debate parties." It's not as if you can't vote. It's really not that big of a deal.
"Some of us might remember that there is a presidential election going on?"
Yeah, I must've totally forgotten that, since I forgot that I live under a rock in the Congo instead of the United States of America. You fail again, MysTTTal.
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"Some of us might remember that there is a presidential election going on?"
Yeah, I must've totally forgotten that, since I forgot that I live under a rock in the Congo instead of the United States of America. You fail again, MysTTTal.
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Has anyone ever heard of a judge revoking an offer for participating in a political campaign? I can't imagine most judges probably have any idea what the clerks they hire do until they show up for the job.
8 -- a plastic bag would be better.
Who cares about the election this year anyway? It's probably the most boring one I can remember, and I remember Bush/Dukakis.
I remember the Cleveland/Harrison election and by my recollection this one here is very similar. Very similar indeed.
You can NOT go nuts. Do NOT make any public comments, publish any articles, or write on any blogs about issues that might come before your judge. I wouldn't have my name on any political websites / campaign websites that might become part of the google cache. The last thing you want is for some party coming before your judge to find that. Certainly if you're not a current clerk there are things you can do without worry--no one expects you not to donate to candidates or volunteer on campaigns--but be careful.
Three words for you, Elie: Appearance of Impropriety. Emphasis on "Appearance."
Elie, I'm liking you less and less because you are sounding dumber and dumber.
Best,
a left-wing judicial clerk
Not that I really care, but I just wanted to be the first grammar troll to state that it is actually "when," not "where."
7 - I would guess that given the short duration of both clerkships and presidential campaigns, ripeness & mootness issues would present considerable challenges. As would not giving a damn and concern for ass-covering--who is going to be willing to file a suit that's unlikely to be resolved in time to help that clerk, at the same time risking alienation of the judge you're working for, or, worse yet, have yet to begin working for?
A judge I clerked for fired a clerk for participating in the political process. It was more than just bumper stickers though. Be careful. If you can't control yourself for 1 year, find a different job.
Quit your whining... you are a servant of the public if you work for the government and some of those people don't care for your political leanings. If you don't like it... don't clerk. In this case, the right of the parties for a fair and impartial hearing out weighs your desire to spout off. Get over yourself. It's not about you... it's about fairness of the system.
If I was a federal court law clerk, I would be precluded from pointing out that during Barack Obama’s visit to Iraq, he met with Iraqi Foreign Minister Hoshyar Zebari and demanded that Iraq not negotiate with the Bush Administration on the withdrawal of American troops. Instead, he asked that they delay such negotiations until after the presidential handover at the end of January.
Sources:
http://www.nypost.com/seven/09152008/postopinion/opedcolumnists/obama_tried_to_stall_gis_iraq_withdrawal_129150.htm
http://www.spectator.org/dsp_article.asp?art_id=13897
If I was a federal court law clerk, I would be precluded from pointing out that in November, 2007, Barack Obama pledged, IN WRITING, pledge to accept only the $85 million in public campaign finance money in the general election if McCain would so agree. Or, that John McCain accepted that pledge, and (in spite of Obama’s breach of the pledge) kept his.
Source:
http://www.usnews.com/blogs/erbe/2008/04/11/obamas-public-finance-flip-flop.html
If I was a federal court law clerk, I would be precluded from pointing out that Barack Obama has abandoned the legitimacy of his campaign (no more politics as usual, hope-change) by (initially) crawling into the mud with Hillary Clinton, then appointing a political-hack-semi-corrupt 35 year veteran senator as VEEP, then attacking Sarah Palin, then questioning John McCain’s honor.
If I was a federal court law clerk, I would be precluded from pointing out that Barack Obama has flip-flopped on every issue pertinent to this campaign—even his most recent pledge to raise taxes on the rich, because of the polls of the moment.
If I was a federal court law clerk, I would be precluded from pointing out that Barack Obama is just another politician trying to get elected in another close presidential contest.
But I am not, therefore I can, therefore I shall and do hereby.
Terribly inaccurate use of the term "veil of ignorance". John Rawls must be spinning in his grave.
7 -- Perhaps because federal clerks think the experience, prestige, and lucrative career options that clerkships entail outweigh their being prevented from wearing their political convictions on their sleeves. Just a guess ...
I'm a clerk this year, and had to remove my bumper sticker. It wasn't pleasant.
That said, I fully endorse the Hatch Act and any ethical canons for judicial clerks attendant thereto.
Elie, probably 95% of people, if not more, agree with the Hatch Act. You complain that it shouldn't apply to judicial clerks. But it applies even to postmen. Doesn't it make more sense for a judicial clerk to exercise political restraint than for a postman to do so, especially since the Judiciary is particularly in need of appearing independent? Are you really that much of a zealot to have a problem with this?
Also, another poorly written post.
On the upside, it provides a great excuse when approached for donations/volunteering. In fact, I recommend embracing the limitations and applying it to other areas. I decline to give beggars change, as handouts could suggest a liberal bias.
But definitely slapping a bumper sticker on my car when the clerkship is done and I'm heading out of town.
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A couple of clerks in my building completely ignored these rules during the primary season. Attended rallies with the candidate, had signs in yards, kept their swag in the office, talked about it all the time. No repercussions. It did make their co-clerks uncomfortable, though.
Twenty-third!
14, wow, Dukakis. The "Willie Horton" thing has taken on a new angle this time, with Mcain's adds showing Obama with white women like Britney Spears and Paris Hilton.
Who's the tool who keeps on writing Elie MysTTTal all the time?
Quit your whining... you are a servant of the public if you work for the government and some of those people don't care for your political leanings. If you don't like it... don't clerk. In this case, the right of the parties to have a fair and impartial hearing outweighs your desire to spout off. Get over yourself. It's not about you... it's about fairness of the system.
I hate the tone of this post. The only reason Elie disagrees with this is because it involves an Obama supporter. Imagine how you would feel if you were involved in an abortion rights case and all the clerks openly supported a Republican candidate. You would agree with the rule then I'm sure.
I hate the tone of this post. The only reason Elie disagrees with this is because it involves an Obama supporter. Imagine how you would feel if you were involved in an abortion rights case and all the clerks openly supported a Republican candidate. You would agree with the rule then I'm sure.
A couple of clerks in my building completely ignored these rules during the primary season. Attended rallies with the candidate, had signs in yards, kept their swag in the office, talked about it all the time. No repercussions. It did make their co-clerks uncomfortable, though.
If Elie was an ice cream flavor he would be Pralines and Illiterate.
Elie, apparently, is a intellectual midget.
On the upside, it provides a great excuse when approached for donations/volunteering. In fact, I recommend embracing the limitations and applying it to other areas. I decline to give beggars change, as handouts could suggest a liberal bias.
But definitely slapping a bumper sticker on my car when the clerkship is done and I'm heading out of town.
Hey Elie,
I think you're doing fine. Anonymous posting allows people to vent the hatred, jealousy, and disgust that permeates their existence as law firm/law student slaves. As a result, most of these comments have as much substance to them as 2's. I bet 99% of these clowns wouldn't have the capacity to say anything negative to your face.
Keep pluggin' away. And remember, the rest of us are either (a) doing really boring work at a law firm, or (b) spending 120K and/or 3 years preparing to do really boring work in a law firm. You're posting articles about toilets and getting paid for it. I'd take that.
Elie,
Since we the readers "hired" you, do you know how we can fire you? I've really had enough of your pointless garbage.
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I think Elie is trying to pick up Lat's style that made this site great, joke a little, complain a little. But the difference is that previous complaints are more justified and jokes actually funny.
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I am pretty sure it is David Lat.
The whole Yale v. Harvard thing. Or someone from AutoAdmit.
"A legal fiction is one thing, this is a legal farce."
1) Ugh. If you don't have a comment on your topic worth posting, just keep quiet. Poorly written exaggerations like these just hurt to read.
2) Use a conjunction or a semicolon. The ability to correctly join two independent clauses should've been part of the vetting process, but it's definitely part of your job description.
WOW!!
Show me where the Hatch Act applies to employees of the federal judiciary!!!
Not only typos but errors on substantive law!!!
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I second the motion. Fire Elie. I think a high school student has more intellect and humor.
Hard to get worked up until someone actually gets nailed for a bumper sticker...
Hard to get worked up until someone gets nailed for a bumper sticker.
Sometime in the 90s or early 00s, there was a 9th Circuit clerk who got a verbal warning for wearing a George McGovern t-shirt to chambers on the weekend.
just when you thought it was safe to read ATL again, Elie strikes with another awful post. At some point, just quit for the day. or forever.
Gallion
is elie a man or woman? was elie really selected by site visitors? what a fateful decision.
Gallion, your next insightful or funny post will be your first.
53 - in this case, gallion speaks for the masses.
25 -- I don't know about that 95% claim. Tolerate the Hatch Act, yes. But "agree with it," no. As a clerk I grudingly accept it. The two clerks I have bothered to ask feel the same way. Granted, small sample size, but I have to believe there are a lot of us out there.
Yard signs and bumper stickers on cars are not prohibited by the Hatch Act. See www.osc.gov for more information.
you're allowed to donate. just can't do it from work and can't fundraise.
36 - great reference.
DH is a current federal district clerk. Can anyone tell me when is the usual time for sending out resumes if he seeks a law firm gig in NY or DC when the clerkship ends in Fall 2009? The couple people we spoke to said maybe starting in November. But wondering if this is usual and if this holds true even in the current economic situation. Also, is a headhunter the way to go?
56 is right, the Hatch Act doesn't prevent you from half of the things mentioned in the article. Judicial ethics do.
Federal employees can have bumper stickers, yard signs, and so on and so forth...
The Hatch Act does not apply to employees of the federal judiciary, but under the Code of Conduct for federal judiciary employees, law clerks and other employees of the judiciary cannot wear buttons inside or outside of the workplace; they cannot put bumper stickers on their cars or signs in their yards; and they may not attend political rallies or partisan political events or make campaign contributions.
60: regular federal employees can do almost anything except fundraise for political candidates, or run for partisan political office.
yeah, this post really needs to be corrected. Elie is just way off base saying that 1) the Hatch Act applies to judicial clerks; and 2) the Hatch Act prohibits the actions mentioned above.
Constitution trumps canons. Free speech (especially political speech) would win.
"As a clerk, you are discouraged from giving money, attending events, you're not even allowed to wear a campaign button to work. "
I called my little sister. She checked her seventh grade math book and declared this sentence to be structurally incorrect.
yeah, this post really needs to be corrected. Elie is just way off base saying that 1) the Hatch Act applies to judicial clerks; and 2) the Hatch Act prohibits the actions mentioned above.
i think you're awesome, elie! ignore the losers saying otherwise.
ATL has fallen into the Pit of Carkoon, home of the mighty Sarlacc, where it will be digested for 1,000 years.
ATL has fallen into the Pit of Carkoon, home of the mighty Sarlacc, where it will be digested for 1,000 years.
22 (Gwen Stefani)-
If I "was" you, I would learn how to use the subjunctive properly.
From the BBC News site "learning English" (sorry, 1st thing that popped out of Google):
1. If I was… is a colloquial alternative to If I were….
So there you have it. On the one hand there is you, a prissy, formal jerk, and on the other hand not only the BBC, but STUPENDOUS Gwen Stefani!
Which will I chose which will I chose...
71 - hmmmmmmm...if I were you, I would choose to drink a pint of drain-o.
67= Elie trying to make himself feel better
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It's colloquial in the same way that "irregardless" is colloquial.
Also, $100 bucks says that BBC News wasn't the first hit.
Re: "Federal clerks participate in some of the most important decisions about how we live, and we expect them to be able to weigh both sides without passion or prejudice. But a bumper sticker removes the veil of ignorance and reduces clerks to partisan hacks? A legal fiction is one thing, this is a legal farce."
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Are you kidding? You miss the point entirely about those rules. Recall that many judicial ethics rules revolve around preventing PERCEPTIONS of impropriety, not reality. Not everyone is intelligent enough to see or accept the difference, thus the reasoning behind the rules.
And, I'm done with ATL...I just had a "talking" ad. WTF? I don't come to ATL to have some Walmart ad unexpectedly (and loudly) exclaim, "Congratulations, you've just been selected to get some free crap from our crap-tastic store, if you can ever bring your non-welfare-receiving self to come on down!!!"
Give me a break. I don't need everyone within earshot to know I'm surfing the web.
Oh, and F#@% you ATL (you've crossed the tipping point to irrelevance anyway, soon to become the Lehman of legal sites).
Since this blog is obviously no longer worth reading, how about we talk about things that truly matter? Like why Harvard is so much better than Yale...
OBAMA 08?
HOPE = JOKE
71/74
If you were mine, I'd take you on a trip around the wooorrrrlld
If you were mine, I'd buy you diaaamonds aaaand peaarls.
/Ukrew
Elie MysTTTal! HAHAHA!!! They should re-name this blog ATTTL! HAHA! I'm soooooooo going to stop reading this blog if Elie stays on as EIC!!!!!!!! Elie is governed by the HACK Act!!! HAHAHA
Some people don't know how to use the subjunctive properly!! What IDIOTS! They must have gone to TTT law schools!!! HAHAHAHAHA!!! I'm soooo much smarter than them and waaaayyy too good for this blog!!!