Promoting Judicial Clerk Transparency: A Proposal That Balances Hiring Prerogative and Public Accountability

Document Type

Article

Publication Date

8-2024

Journal Title

The Judge's Journal

ISSN

2162-9749

Abstract

To provide context on the role of clerks, this article briefly discusses the influence of judicial clerks and the value of disclosing the identity of judicial clerks. After outlining data currently available on clerks and calls for more transparency related to clerks, the article discusses how the lack of information on clerks can be addressed through simple disclosure of clerks’ names on the web pages of federal courts and state appellate courts. It also examines possible consequences associated with making such information publicly available and how disclosing clerks’ identities can promote transparency and public confidence in the judiciary while preserving judges’ autonomy in selecting their clerks.

Publisher

American Bar Association

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