Protecting the Court’s Integrity: A Staff Attorney’s Role

Protecting the Court’s Integrity: A Staff Attorney’s Role Presented by Amy Schumacher June 2, 2010 Texas Association of Appellate Court Attorneys

Context for an Ethics Discussion • Special relationship between the law clerk & Court • Serves as the Court’s & Judge’s attorney • Provides legal advice • Provides detailed knowledge of record • May have direct input into a judicial decision • May observe/participate in debate with Court members • Serves as an ambassador of the Court—and not just during office hours • The Court & your Judge depend on you!

Education of Ethical Responsibilities: Early & Often • During Interviews • Upon Acceptance of Offer • Other Communications Prior to Start Date • Initial Orientation • Before First Argument • Follow-up Sessions (mid-year review) • After Any Possible Infractions

Staff Attorney as Ethics Facilitator • Introduce a Variety of Ethical Educators • Judges/Justices • Staff Attorneys • Other Staff Members • Former Law Clerks • Fellow Law Clerks • The Codes/Canons/Statutes

Pick a Mantra • Protect the Integrity & Independence of the Court • Avoid all Impropriety or Appearance of Impropriety • W W [your initials] D?

Orientation Format: RICO Rule: Present a general rule or canon Illustration: Give a practical example the staffer might actually encounter Consequence: Describe how the rule protects the integrity of the court or effect an infraction has on the court or staffer Open for Discussion: Try to engage the group—encourage “what ifs”

Confidentiality • Inadvertent disclosure • Law clerk happy hour on Congress Avenue during legislative session • General description of legal issues on memo/opinion • Oral argument behavior/attendance • Post-clerkship war stories • Personal email accounts & computers

Conflicts of Interest • Direct: law clerk worked on the case during employment • Employer: case before the Court was pending in a court during law clerk’s employment • Prospective employer: Law clerk’s prospective employer/spouse’s employer is counsel on the case • Family/financial interest

Conflicts of Interest • Conflicts Worksheet & Interview • Summary of Conflicts to Staff & Judge • Responsibility of Law Clerk to: • Always check the briefs! • Update conflicts (interview season) • Clean personal computer files/emails • Manage conflicts as part of ongoing professional obligation

Prospective Employers & Recruiting • Accept nothing that may be perceived as intending to influence • Accept no monetary benefits during clerkship (reimbursements, bonuses, moving expenses) • Accept no bonuses prior to clerkship • Reasonable meals, travel to prospective place of employment are OK

Outside Interests/Activities • Does the Activity • Detract from the dignity of the office? • Interfere with performance of Court duties? • Exploit the position with the Court? • Sensitive Issues • Political involvement • Writing on issues pending before the Court

Ethical Judicial Writing • Stress importance of proper citation and attribution—Judge’s reputation at stake • Clear & accurate recitation of facts as supported by the record • Not influenced by personal bias or experience

After the Clerkship • Mandatory Ethics Follow-Up at Term’s End • List of Pending Matters • Writing Samples

Special Issues with Interns • Limit electronic access • Limit file access • Limit physical access • Ensure cleaning of electronic files on personal computer & emails containing Court material • Enlist law clerks to help supervise confidentiality & conflicts

Sources of Ethics for Judicial Legal Staff • Texas Code of Judicial Conduct • Code of Conduct for Law Clerks & Staff Attorneys of the Supreme Court of Texas www.supreme.courts.state.tx.us/rules/rules.asp • Texas Ethics Commission • Statutes • Your Judge/Court

Sources of Ethics for Judicial Legal Staff • Code of Conduct for United States Judges • Code of Conduct for Judicial Employees www.uscourts.gov/RulesAndPolicies/CodesOfConduct.aspx • “Maintaining the Public Trust—Ethics for Federal Judicial Law Clerks,” Federal Judicial Center 2002 ftp.resource.org/courts.gov/fjc/ethics01.pdf

Discussion? Thank you!

Protecting the Court’s Integrity: A Staff Attorney’s Role