How to handle terrible JA Forum

[Anonymous User]

Keeping it vague to avoid outing myself. I'm clerking right now and the JA is just awful. Horrible to work with (nothing illegal). Would love some advice on how to deal with the situation for the remainder of my clerkship. I'm really wary of confrontation or going to the judge for obvious professional reputation reasons.

[Anonymous User]

Awful as in incompetent or nasty personality-wise?

[Anonymous User]

Awful as in incompetent or nasty personality-wise?

Both, but mainly the latter.

[Anonymous User]

Awful as in incompetent or nasty personality-wise?

Both, but mainly the latter.

I’m sorry that you’re dealing with that. That’s a really difficult position to be in. I only dealt with an incompetent JA, who was very pleasant as a person. That was a little easier because you just had to get used to handling things yourself/being patient with everything. It was still frustrating, but it didn’t cast a pall over the clerkship in the end.

With a nasty JA, it depends on the judge. The judge might know about this sort of behavior and appreciate the opportunity to correct it, although you’re understandably worried about being outed/downstream collateral consequences. Your judge should ultimately want to keep things harmonious in chambers, and talking it over may give them a chance to show that they support you. But you know your judge best in that context.

If things are really dire, there’s the anonymous conflict resolution process with the judiciary, “the nuclear option.” But I don’t have any experience with that and can’t say how effective that would be. (I only assume it applies to conflicts with chambers staff and not judges only.)

The standard advice is to buckle in for the year and try to keep your head down because it’s only temporary. You’re getting the credential and the experience you need to have a stellar career. But I understand how that’s cold comfort if this JA is particularly hostile.

Do you know if your co-clerk/courtroom deputy/chambers staff are also feeling the same way? Or any past clerks that you could reach out to? It might give you at least a sense of camaraderie to know that everyone else is on the same page. And, if things are bad enough, you might be able to go the judge together (but, again, that’s going to depend on how comfortable you would feel bringing this up to the judge).

I’ve also known of JAs who report to the Clerk’s Office as combo courtroom deputies to be reprimanded by the Clerk for a bad attitude. But idk if that is applicable here, since the JA might not report to the Clerk and may only report to the judge.

Again, I am sorry you’re dealing with this. I hope someone else on here with particular experience on this issue can offer some better advice.

[Anonymous User]

If it makes you feel better my JA was also awful. Petty, lazy, bad at their job, bitchy to the judge (to the point where the judge had to tell them to quit it multiple times) it's ridiculous. Didn't know what to do because the judge was clearly aware of it but wouldn't fire them for some reason. So I just kept my head down. I also figured that the fact that the judge hadn't fired them was indicative of some sort of clout i was missing and not worth getting into it (and potentially losing).

[lavarman84]

I agree with the advice that you should talk to your co-clerk and previous clerks, assuming you have a good relationship with your co-clerk. I'd be careful in how you broach the topic. I might lead in by talking about having challenges in working with the JA and acknowledge they might be on your end to protect yourself. Ask about how you can better work with the JA and strategies they used to maintain a good working relationship.

They might well know the secret to getting the JA to warm up to you and make your life easier. Or they may agree the JA is terrible, advise you the judge won't let them go or do anything about it, and that you just have to avoid the JA as much as possible and bear it for a year.

I was fortunate to have JAs I got along with who were good at their jobs. People who clerked in the same building at one of my clerkships had a really difficult JA. But their judge was never going to let this JA go and wanted no part of mediating disputes. So they just kept their distance from the JA and worked around them to the maximum extent possible.

However, it's also possible you'll find out from past clerks that the judge does care and will intervene if the JA is being difficult. In that scenario, that can be useful information. The key is getting a sense of whether this is a you issue or the JA being impossible for everyone and whether this is something worth taking to the judge before you do anything.

[Anonymous User]

OOP here--thanks for the responses. I don't feel comfortable giving more info about my situation at the risk of outing myself. I do hope that future clerks in similar situations find this thread useful.

It seems that the best course of action is to distance myself from the JA and do nothing. If I have a conversation with the JA or the Judge and it goes poorly, there could be significant negative implications for my career. Trauma bonding with a trusted coclerk seems to be the best one can get in this scenario.

[Anonymous User]

OOP here--thanks for the responses. I don't feel comfortable giving more info about my situation at the risk of outing myself. I do hope that future clerks in similar situations find this thread useful.

It seems that the best course of action is to distance myself from the JA and do nothing. If I have a conversation with the JA or the Judge and it goes poorly, there could be significant negative implications for my career. Trauma bonding with a trusted coclerk seems to be the best one can get in this scenario.

Sorry that you’re in this situation. As someone who has dealt with shitty personalities in chambers, just know that you’re going to make it through this and have a great career ahead of you.