A Peek Behind the Curtain: The Inner-Workings of the Judiciary, and Why Judges Should Address the Lack of Diversity Among Law Clerks. Experiences from the Appellate Judges Education Institute Summit

• Author: Cheyenne N. Chambers
• Pages: 22-28

Appellate Practice

Winter 2020, Vol. 39 No. 2

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February 18, 2020

A Peek Behind the Curtain: The Inner-

Workings of the Judiciary, and Why Judges

Should Address the Lack of Diversity Among

Law Clerks

By Cheyenne N. Chambers

Last November, I traveled to Washington, DC, to attend my first Appellate Judges Education

Institute Summit. During this four-day conference, I had the unique opportunity to

converse with dozens of appellate judges and practitioners from across the

country. Although each presentation listed on the agenda caught my attention, I was

particularly eager to attend the panel entitled, “A Peek Behind the Curtain: How Judges

Collaborate with Law Clerks and Staff Attorneys.” This panel featured the Honorable

Consuelo M. Callahan of the U.S. Court of Appeals for the Ninth Circuit, the Honorable

Charles Day of the U.S. District Court for the District of Maryland, the Honorable Joseph

Getty of the Court of Appeals of Maryland, and moderator, Stephanie Snow, a former Staff

Attorney for the U.S. Court of Appeals for the Eighth Circuit.

How Judges Collaborate with Law Clerks and Staff Attorneys

For most of the program, each distinguished panelist detailed their behind-the-scenes

interactions with their law clerks and their court’s staff attorneys. Leading the discussion

was Judge Callahan, who described herself and her four law clerks (one career law clerk

and three term law clerks) as a “team.” Because of the Ninth Circuit’s busy docket—

averaging 35 days of oral argument each year for active judges, plus a lively en

banc court—Judge Callahan explained how her constant collaboration with her law clerks

helps maintain a productive chambers.

When a new calendar of cases arrives, Judge Callahan relies on her law clerks to read the

parties’ briefs, examine the record on appeal, reference comprehensive research guides

created by the Office of Staff Attorneys, and prepare a bench memorandum for her

review. These “bench memos” outline the case’s facts, procedural history, issues on appeal,

arguments raised by the parties, and relevant precedents. They also include the law clerk’s

recommendation on how to resolve the matter.

After Judge Callahan reads the bench memo, the parties’ briefs, and key portions of the

record on appeal, she then asks her law clerk to present the case to her. This practice helps