Washington Law Review


Kevin D. Swan


This Comment examines the relationship among judges, law clerks, and the requirements placed on both to maintain the appearance of impartiality. It also addresses current standards applied to this problem and evaluates those standards based on the policies behind the cases and rules governing conflicts of interest. It analyzes what circumstances mandate removal of clerks from cases, as well as what circumstances mandate the removal of the clerks' respective judges. Finally, this Comment proposes a rule of professional responsibility for judges and clerks to follow when the clerks are involved in employment negotiations, and suggests the implementation of training and communication practices to avoid altogether many of the problems created when clerks negotiate for employment.

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