Law clerks and the judicial process : perceptions of the qualities and functions of law clerks in American courts / John B. Oakley and Robert S. Thompson.

Format:

Book

Author/Creator:

Oakley, John B. (John Bilyeu), 1947- author.

Thompson, Robert S., author.

Language:

English

Subjects (All):

Judicial process--United States.

Judicial process.

Law clerks--United States.

Law clerks.

Physical Description:

1 online resource (201 pages)

Edition:

First edition.

Place of Publication:

Berkeley, California : University of California Press, [1980]

Summary:

This is the first in-depth empirical and historical study of the use of law clerks by American judges. Although possessing a hundred-year heritage, the institution has been ignored as an important component of the process of judicial decision-making. Law clerks are, in the authors' words, "subordinate, anonymous, but often quite powerful lawyers who function as the non-commissioned officers in the army of the judiciary." American courts are currently altering the traditional use of law clerks through the introduction of important innovations that enhance the ability of judges to dispose of cases rapidly but detract from personal judicial control over individual decisions. The authors investigate the clash of tradition and innovation through interviews with sixty-three judges of federal courts and appellate courts in California. They find distinctly different models of law clerk usage in the state and federal systems, which they analyze on the basis of the judges' own perceptions of the qualitative and quantitive impact on their decision of variations in the character, tenure, and duties of staff assistants. They offer suggestions on how modern courts can cope with the "crisis of volume" without unduly sacrificing traditional standards of judicial autonomy. Because of the confidential nature of judicial deliberations, judges are rarely willing to discuss publicly their use of law clerks. This study employs unconventional techniques for penetrating the secrecy of judicial chambers while respecting the confidentiality and the individuality of its sources. It presents important new information on the internal operating procedures of the courts studies, collating interview data with facts abstracted from pre-existing but often obscure sources, and providing a particularly close look at the inner workings of the Supreme Court of California and the

United States Court of Appeals for the Ninth Circuit. Revealing the significance of public funding of judicial staff in determining patterns of law clerk usage, it should promote further investigation and debate regarding the proper structure and role of staff assistance in the judicial process. This title is part of UC Press's Voices Revived program, which commemorates University of California Press's mission to seek out and cultivate the brightest minds and give them voice, reach, and impact. Drawing on a backlist dating to 1893, Voices Revived makes high-quality, peer-reviewed scholarship accessible once again using print-on-demand technology. This title was originally published in 1980.

Contents:

Cover

Title Page

Copyright

Contents

Preface

I. Introduction

A. Prior Literature

B. The Nature and Purpose of This Study

C. Outline of Presentation of Findings and Comparative Analyses of Law Clerk Usage

II. The Genesis and Development of the Use of Law Clerks

A. Horace Gray and Samuel Williston

B. Proliferation of Law Clerks

C. Corporate Clerks: The Advent of Central Staff

D. Quasi Clerks: The Advent of Extern Programs

E. Career Clerks: A California Trend

III. In Defense of Tradition: The Clerkship Ideal

IV. A Study of Clerkship Practices in California

A. Origin and Methodology

B. Solicitations and Responses

Table of Judges Solicited, Respondents, and Subjects

C. Interview Procedures and Results

V. Profiles of Courts and Composite Judges

A. Courts of Appeal of California

1. jurisdiction and Organization

2. Workload

3. Staff and Internal Procedures

4. CompositeP rofile:JudgAe lpha

B. Supreme Court of California

1. Jurisdiction

3. Staff

4. Internal Procedures

5. Composite Profile: Judge Beta

C. United States Court of Appeals for the Ninth Circuit

1. Jurisdiction and Organization

3. Internal Procedures

4. Staff

5. Composite Profile: Judge Gamma

D. United States District Courts

1. jurisdiction, Organization, Workload, and Staff

2. Composite Profile: judge Delta

VI. Comparative Analyses of Courts and Composites

A. Limiting Considerations

B. Duties of Law Clerks

C. Central Staff

D. Externs

E. Deriving Coefficients of Short-Term Law Clerk Use

1. Caseload Pressures

2. Workloadsp er Law Clerk

3. Clerkship Prestige

4. Perceptionso f Law Clerk Productivity

F. Comparing Coefficients of Short-Term Law Clerk Use

1. Federal District Courts

2. Ninth Circuit.

3. Supreme Court of California

4. California Courts of Appeal

G. Strategies for Fostering Short-Term Law Clerk Usage

1. Federal Courts

2. Supreme Court of California

3. California Courts of Appeal

VII. Conclusion

A. Career Clerks

B. The Fiddlers in the Woof

Appendix

TABLE A: Tenure Preference Independent of Financing

TABLE B: Optimal Number of Personal Clerks

TABLE C: Present Use of Externs

TABLE D: Motivation for Use of Extcrns

TABLE E: Contribution of Externs to Productivity

TABLE F: Law Clerk Preparation of Pre-Argument Memoranda

TABLE G: Form of Pre-Argument Memoranda

TABLE H: Law Clerk Input to Written Opinions

TABLE I: Frequency of Judge-Law Clerk Discussion

TABLE J: Attitude re Central Staff

TABLE K: Academic Bent

Note on the Supreme Court of California's Exercise of Discretionary Appellate Jurisdiction

Note on Funding of Law Clerks at Lower Federal Courts

Bibliography

Table of Cases and Statutes

Index.

Notes:

Description based on publisher supplied metadata and other sources.

Description based on print version record.

ISBN:

9780520378001

0520378008

OCLC:

1438668544