May D.C. judicial clerks publicly take sides on controversial issues or attend protests?
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Plain-English summary
The Advisory Committee addressed what D.C. judicial law clerks and interns may say or do publicly about controversial causes. It based its advice on the ethical guidelines for law clerks in Appendix A to the D.C. Code of Judicial Conduct. The memorandum says a clerk or intern should not publicly take a position on a controversial issue, whether or not that issue is likely to reach the court.
The committee distinguishes public support for the principles of equality and nondiscrimination from a statement that reasonably appears to take a side in a particular public controversy. It says clerks and interns may affirm those core principles, but should not express them in a way that reasonably calls their ability to address facts and law impartially into question. The public-statement restriction includes social media, even when the speaker does not identify court employment.
The memorandum advises against attending rallies or protests on intensely debated issues because attendance can be understood as endorsement of the event's messages. Membership or financial support for an organization engaged in political advocacy requires a case-by-case assessment of the organization's overall activities and how that support would be perceived. The public-position restriction lasts during court employment; the obligation to protect confidential court information continues afterward.
In practice
The committee's memorandum addresses public conduct by law clerks and interns during their D.C. court employment. It leaves private conversations with close family and friends outside its public-position restriction, on the stated understanding that the personal views will not be shared publicly.
Common questions
Q: May a judicial clerk publicly affirm equality and nondiscrimination?
A: Yes. The memorandum says clerks and interns may affirm those core principles, while avoiding statements that reasonably cast doubt on their ability to decide specific factual or legal issues impartially.
Q: Does the guidance reach a social-media post that does not name the court?
A: Yes. The committee says the rule applies to speech available to the public, including social media, even if the clerk or intern does not identify their court role.
Q: What does it say about attending a protest?
A: The memorandum advises clerks and interns not to attend rallies or protests about issues that have become the subject of intense public debate.
Q: Does every donation to an organization that takes a public position violate the guidance?
A: No. The committee says membership and contributions require a case-by-case assessment; an organization's single statement does not necessarily bar support, but public endorsement of substantial political or controversial advocacy may.
Background and rules framework
The memorandum applies Appendix A's ethical guidelines for law clerks to public speech, protests, and financial support. It cites D.C. Code of Judicial Conduct Rule 2.3, which requires judicial duties without bias or prejudice, and Rule 2.6, which protects the right to be heard according to law, to explain why a public affirmation of nondiscrimination is permissible.
Citations and references
D.C. Code of Judicial Conduct:
- Appendix A, ethical guidelines for law clerks.
- Rule 2.3, performance of duties without bias or prejudice.
- Rule 2.6, right to be heard according to law.
See also
Source
- Landing page: D.C. Code of Judicial Conduct and advisory opinions
- Original PDF: Committee memorandum indexed as Opinion No. 14
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