§ 15.6 Judicial Clerks and Judicial Ethics

LibraryThe Ethical Oregon Lawyer (OSBar) (2015 Ed.)
§ 15.6 JUDICIAL CLERKS AND JUDICIAL ETHICS

Although judges' clerks are not subject directly to discipline under the Oregon Code of Judicial Conduct (2013 rev) (OCJC) (see § 15.2-1), they are subject to the Oregon Judicial Department's personnel rules, certain pertinent statutes, and, if bar members, to the Oregon Rules of Professional Conduct. In nearly all clerkships, the clerk's conduct will be attributed to, and will reflect on, the judge. Thus, judicial clerks should observe the provisions of the OCJC just as if the clerk him- or herself could be disciplined for any violation.

PRACTICE TIP: An excellent resource is Maintaining the Public Trust: Ethics for Federal Judicial Law Clerks, Federal Judicial Center (4th ed 2013), available at < www.fjc.gov/library/fjc_catalog.nsf >.

§ 15.6-1 Ex Parte Contacts

A clerk working for a trial-court judge nearly always has significant contact with lawyers in cases pending before the judge, both in the courtroom and by telephone. As the judge's representative and a conduit to the judge, the clerk should adhere to the same rules regarding ex parte contacts and public comments that apply to the judge. Oregon Code of Judicial Conduct (2013 rev) (OCJC) Rule 3.9(A); OCJC Rule 3.9(A)(1); OCJC Rule 3.3(C). See Oregon RPC 3.5(b) (prohibiting ex parte communications "on the merits of a cause").

As a general matter, the clerk should not converse with the lawyers in the courtroom until both or all lawyers and parties (particularly if unrepresented) are present. The clerk must report any ex parte communication with a lawyer or party to the judge to ensure that an opportunity to respond is provided to opposing parties. This duty includes reporting even telephone...

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