COVID & the Courts Forum

[basileus59]

I'm starting a district court clerkship in fall '21, and idly curious to hear from current clerks how their work situation has changed due to COVID. Have you gone fully remote? If you're working in-person, what sorts of safety precautions are chambers taking?

Additionally, how likely is it that court employees will get the vaccine on the earlier side of the distribution timeline?

[Anonymous User]

Most court staff are fully remote. It's up to the judge if they want their JAs/clerks in the office. Anecdotally, most are fully remote and I haven't heard of any judges requiring clerks to come in if they aren't comfortable with it.

[Anonymous User]

I’d be surprised if judicial clerks got moved ahead in line for the vaccine. The marshals and CSOs would be first, then probably the clerk’s office (and personally I’d say the janitors should be up there too). If your judge had a jury trial going, maybe, although in the courthouses I’m familiar with clerks usually watch via CC video.

[Anonymous User]

Additionally, how likely is it that court employees will get the vaccine on the earlier side of the distribution timeline?

Court employees will not be considered among essential/at-risk groups just because they work at a courthouse. The priority is going to be healthcare workers, people in nursing homes, and people with severe health issues that put them at a significantly higher risk for COVID. Although court employees (particularly security) are considered essential employees in many places, they're not in the same risk category as those I listed. Also keep in mind that distribution schedules will likely be set at the state level, so the distribution process is going to come down to governors.

[ExperssioUnius]

Court employees will not be considered among essential/at-risk groups just because they work at a courthouse. The priority is going to be healthcare workers, people in nursing homes, and people with severe health issues that put them at a significantly higher risk for COVID. Although court employees (particularly security) are considered essential employees in many places, they're not in the same risk category as those I listed. Also keep in mind that distribution schedules will likely be set at the state level, so the distribution process is going to come down to governors.

Yes, this is what will almost certainly happen. Yes, states will play a major role in how vaccines are distributed. Yes, I know the word "essential" might have different meanings in different contexts, so no need to reply with that obvious point.

It will, however, be rather ironic if in mid-December there is a government shutdown and law clerks are told they are 'essential' and to prepare to work without timely pay if the judiciary runs out of internal funding from court fees and then, two months later, law clerks are told they aren't 'essential' and have to get in line for a vaccine behind the criminal defendant just convicted of three counts of possession of child pornography and the SSDI claimant who, pandemic or no pandemic, is primarily staying at home because of back pain and two other medical conditions that place the person in a high-risk group.

Why haven't law clerks unionized yet? (That's actually a serious question given everything over the last several years).

[nixy]

Yes, this is what will almost certainly happen. Yes, states will play a major role in how vaccines are distributed. Yes, I know the word "essential" might have different meanings in different contexts, so no need to reply with that obvious point.

It will, however, be rather ironic if in mid-December there is a government shutdown and law clerks are told they are 'essential' and to prepare to work without timely pay if the judiciary runs out of internal funding from court fees and then, two months later, law clerks are told they aren't 'essential' and have to get in line for a vaccine behind the criminal defendant just convicted of three counts of possession of child pornography and the SSDI claimant who, pandemic or no pandemic, is primarily staying at home because of back pain and two other medical conditions that place the person in a high-risk group.

Why haven't law clerks unionized yet? (That's actually a serious question given everything over the last several years).

This seems pretty classist, honestly. Law clerks can continue to do their "essential" work from home, and being essential for that purpose doesn't have anything to do with covid risk factors, which aren't about "value" to society (which is what you seem to imply) (which is to say, yes, I'm replying with your obvious point because your argument for irony fails given that the obvious point is true). Convicted felons are hardly a group that gets a lot of special treatment in this country, and if the CP defendant is vaccinated before the law clerk, it will be because they're spending a long time in confined conditions that pose really serious risk of becoming covid hot spots. The SSDI claimant you describe probably wouldn't be vaccinated before someone with risk factors who can't stay home (but should be vaccinated before someone without risk factors who, like law clerks, can stay home).

As for unionization - generally I'm all for it, but it's hard to see how you could organize a union movement among people who do the job, for the most part, for 1-2 years tops, for bosses who have life tenure, and whose goodwill remains valuable long after. I also have a hard time seeing how a law clerk union would actually work and prevent abuses (but fully recognize I could just lack imagination).

[Anonymous User]

I am generally aware of plans to provide vaccines to some folks in federal agencies pretty quickly, so it is possible there will be federal rollouts for the judges and their crews sooner than the states might provide them. Who knows.

[Anonymous User]

Some judges are requiring in-chambers work and/or not following safety measures. I know of at least 2 outbreaks.

[Anonymous User]

Not sure about other states, but in Maryland, at least, clerks have been getting vaccinated

[Anonymous User]

Not sure about other states, but in Maryland, at least, clerks have been getting vaccinated

My chambers in the midwest has also gotten vaccinated.

[Chokenhauer]

I’m curious to know how things will be with work in the fall. I’m told to expect that jury trials will start up right around the time that I start, since there have been a lot of continuances. In fact, I’m told that I’ll be really busy by that time because so many things have been postponed. Is that accurate?

[Anonymous User]

My entire courthouse was offered the vaccine and almost everyone I talked to opted to take it.

[Anonymous User]

I wouldn't want to be forced to take a vaccine, but note that, depending on your judge, you could work remotely for your entire year.

[Anonymous User]

I’m curious to know how things will be with work in the fall. I’m told to expect that jury trials will start up right around the time that I start, since there have been a lot of continuances. In fact, I’m told that I’ll be really busy by that time because so many things have been postponed. Is that accurate?

I’m not clerking, but this is definitely going to be the case in my district. We’re starting up jury trials again soon but will only be having one in the courthouse at any given time (to limit numbers in the building) so I expect us to have fairly constant trials for a while. I know I have like 5 waiting to go.

[Chokenhauer]

I’m curious to know how things will be with work in the fall. I’m told to expect that jury trials will start up right around the time that I start, since there have been a lot of continuances. In fact, I’m told that I’ll be really busy by that time because so many things have been postponed. Is that accurate?

I’m not clerking, but this is definitely going to be the case in my district. We’re starting up jury trials again soon but will only be having one in the courthouse at any given time (to limit numbers in the building) so I expect us to have fairly constant trials for a while. I know I have like 5 waiting to go.

Good to know. I was hoping to get to help with a lot of trials for mine. It seems like I’ll get that opportunity.

[Anonymous User]

I'm starting a district court clerkship in fall '21, and idly curious to hear from current clerks how their work situation has changed due to COVID. Have you gone fully remote? If you're working in-person, what sorts of safety precautions are chambers taking?

Additionally, how likely is it that court employees will get the vaccine on the earlier side of the distribution timeline?

Current district court clerk. Working from home all of the time, though before the pre-Thanksgiving spike in cases, we'd go in occasionally for TROs/other hearings. However, even though we're fully remote, the judge doesn't want us to work just from anywhere; we still have to be in the city.

I know some circuit court judges in my courthouse are having their clerks come in.

Whether court employees will get the vaccine on the earlier side depends on how the state in which the court sits is distributing vaccines. I know my state IS putting judicial employees, including clerks, in the next tranche of vaccines.