New ethical guidance advises US federal judges to restrict law clerks from political job searches

The US Judicial Conference's Committee on Codes of Conduct has issued updated ethical guidance advising federal judges to restrict their law clerks from seeking post-clerkship employment with political organizations, Reuters reported.

The move aims to safeguard the judiciary's independence and prevent any perception of political bias in the court system.

The new advisory opinion provides election-year updates to existing guidance on permissible and prohibited political activities for judicial employees. While the code of conduct for judges has long prohibited judges from engaging in political activities, this latest guidance goes further, advising judges to limit their clerks' job-seeking activities with politically partisan groups.

According to the advisory opinion, "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.” The concern is that such affiliations could undermine public confidence in the court's impartiality.

Previously, judicial employees were barred from various political activities, including belonging to partisan political organizations. The new guidance extends this by advising judges to prevent clerks from pursuing employment with political parties, partisan groups, or organizations that advocate for or against political candidates during elections.

According to Reuters, the update comes as the judiciary considers issuing broader guidance on the ethical responsibilities judges have in hiring law clerks. The issue gained attention after two judges hired a clerk accused of engaging in racist conduct while working for a conservative advocacy group. That individual later secured a clerkship with US Supreme Court Justice Clarence Thomas, prompting further scrutiny of the judicial hiring process.

Additionally, questions have arisen over recent decisions by conservative judges to boycott hiring clerks from certain law schools, including Columbia, following protests and disruptions on their campuses. These instances have added to the debate over how judges should navigate hiring practices in light of political sensitivities.