TBA Law Blog


Posted by: Azya Thornton on Mar 12, 2025

The U.S. Judicial Conference's Committee on Codes of Conduct last week relaxed ethics guidance issued six months ago. The committee had advised federal judges to restrict their law clerks from seeking post-clerkship employment with political organizations to make clear judges retain "broad discretion" to decide whether to do so on a case-by-case basis, Reuters reports. In the revised advisory, the committee acknowledged that while such employment "may pose a risk" in certain circumstances, judges are now granted broader discretion to assess the situation on a case-by-case basis. This adjustment emphasizes that judges, as appointing authorities, should consider all relevant facts before imposing any restrictions. Additionally, the committee clarified that law clerks may accept stipends for living expenses from law firms if the offer is extended equally to other incoming associates, provided the clerk is not required to work at the firm post-clerkship unless they choose to.