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Applying to clerk for a judge with an active matter you are working on

Posted: Sat Nov 14, 2020 1:33 pm
by Anonymous User
Hello,

I am applying for clerkships and one of the judges I would like to apply to is also overseeing a matter that I am currently staffed on. Can this present any conflict issues? For example, would I need to let my firm know that I have applied to that judge and be removed from the matter?

Thanks

Re: Applying to clerk for a judge with an active matter you are working on

Posted: Sat Nov 14, 2020 7:46 pm
by Anonymous User
I don't think applying is going to be an issue. However, if you are offered and accept the clerkship, let your supervisors know and remove yourself from the matter.

Re: Applying to clerk for a judge with an active matter you are working on

Posted: Mon Nov 16, 2020 10:29 am
by Anonymous User
Anonymous User wrote:
Sat Nov 14, 2020 7:46 pm
I don't think applying is going to be an issue. However, if you are offered and accept the clerkship, let your supervisors know and remove yourself from the matter.
You will also have to tell your judge after accepting the offer. I had to be totally walled-off from that matter when I joined the clerkship.

I’d also double check whether the particular judge had made clear he or she wants a unconflicted applicant. Certain judges may bring in clerks for a particular mega-litigation (think crazy bankruptcy or the opioid litigation) and will be upset if you then can’t participate in the litigation because you had some link.

Re: Applying to clerk for a judge with an active matter you are working on

Posted: Thu Nov 19, 2020 6:42 am
by GoneSouth
I agree no harm in applying but I might about taking yourself off if you get to the interview stage. It’s possible the case could come up in the interview, especially if it’s a significant one for the judge and he/she knows that your firm is on it, and I’d be skittish about anything that could be considered an ex parte contact. Plus, if you’re able to tell the judge at the time of the interview that you’ve already been walled off (I wouldn’t raise it myself, but if it comes up), it may assuage any concerns he/she has that hiring you would show favoritism toward the party your firm represents