Monday, September 28, 2020

Judicial clerkships in the time of coronavirus--uneven compliance with the pilot hiring plan, and post-clerkship connections

 An article in the UC Davis Law Review Online discusses the hiring of law clerks by U.S. judges, during the current pandemic,  with reference to the  Federal Law Clerk Hiring (Pilot) Plan which is in its second year this year. (The plan calls for judges to delay hiring second year law students until June, and to leave offers open for at least 48 hours.)

The Federal Law Clerk Hiring Pilot and the Coronavirus Pandemic  by Carl Tobias, UC Davis Law Review Online, 2020,54, 1-20.

The article says that compliance with the plan is uneven, but that "numerous jurists who support the nascent pilot are Democratic Presidents' confirmees ... while copious judges who seem to oppose the pilot  in turn are GOP chief executives' appointees..." (p9).

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An article in the NY Times talks about why clerkships are so valuable to clerks:

Law Firms Pay Supreme Court Clerks $400,000 Bonuses. What Are They Buying?   Inside information and influence with the clerks’ former bosses may figure in the transactions, a new study suggests     by Adam Liptak

"Supreme Court justices make $265,600 a year. The chief justice gets $277,700.

"Their law clerks do a lot better. After a year of service at the court, they are routinely offered signing bonuses of $400,000 from law firms, on top of healthy salaries of more than $200,000."

The article goes on to talk about the influence that clerks have later in their careers, when arguing cases before their former bosses. It's based on this article

The Influence of Personalized Knowledge at the Supreme Court: How (Some) Former Law Clerks Have the Inside Track by Ryan C. Black1 and Ryan J. Owens, Political Research Quarterly, 2020.

Abstract: When arguing at the U.S. Supreme Court, former High Court law clerks enjoy significant influence over their former justices. Our analysis of forty years of judicial votes reveals that an attorney who formerly clerked for a justice is 16 percent more likely to capture that justice’s vote than an otherwise identical attorney who never clerked. What is more, an attorney who formerly clerked for a justice is 14 to 16 percent more likely to capture that justice’s vote than an otherwise identical attorney who previously clerked for a different justice. Former clerk influence is substantial, targeted, and appears to come from clerks’ personalized information about their justices. These results answer an important empirical question about the role of attorneys while raising normative concerns over  fairness in litigation.

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