US judiciary relaxes ethics standard on clerks seeking political jobs

By Nate Raymond

March 7 (Reuters) - A U.S. judicial panel on Friday relaxed ethics guidance it issued just six months ago advising federal judges to restrict their law clerks from seeking post-clerkship employment with political organizations to make clear judges retain "broad discretion" to decide whether to do so on a case-by-case basis.

The U.S. Judicial Conference's Committee on Codes of Conduct modified advisory opinions it had updated in September addressing what types of political activities are permissible or prohibited by judicial employees and ethics issues concerning future employment by law clerks.

The guidance issued in September had gone further than past opinions the committee had issued by advising judges to restrict their clerks from seeking post-clerkship jobs with political parties, partisan groups or organizations focused on advocating against candidates or parties in elections.

It said that judges should do so because a law clerk who applies for jobs with political organizations "risks linking the judge's chambers to political activity, which could compromise the independence of the judiciary."

But on Friday, the committee, which is tasked with providing judges and judicial employees guidance on ethical issues, took a less strict view of such employment, saying it only "may pose such a risk" under "some circumstances."

"Ultimately, the appointing judge retains discretion to assess this risk and to impose restrictions or limitations, if any," the new ethics guidance advised.

The committee said that assessments of those risks should now be made on a "case-by-case basis in full consideration of all the facts, circumstances, and potential risks involved, underscoring the importance that the judge, as the law clerk’s appointing authority, should be completely informed."

Law clerks should before discussing an employment opportunity with a political organization inform their judges, who retain discretion to limit or restrict a clerk from pursuing such a job, an advisory opinion says.

The committee on Friday separately revised a different advisory opinion to clarify that a prospective law clerk may accept from a law firm a bonus or stipend for living expenses while studying for a bar exam that must be repaid if the clerk ultimately decides not to work at the firm post-clerkship.

The committee said a clerk may do so as long as the law firm makes the same offer to other incoming associates. The panel made the change in response to an inquiry from an undisclosed party, according to the judiciary.

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