Judicial Council Upholds Judges’ Boycott of Columbia Law School Clerks as Lawful Hiring Discretion

In a recent decision, the Judicial Council upheld the dismissal of a complaint against judges who had chosen to boycott the hiring of law clerks from Columbia Law School. The complaint arose after some judges publicly stated they would not hire clerks from the institution, purportedly as a means to exercise their hiring discretion. Though some jurists might question the efficacy or morality of such a method, the decision concluded that the judges did not engage in misconduct. Chief Judge Priscilla Richman of the U.S. Court of Appeals for the Fifth Circuit noted, “While reasonable jurists may disagree about the effectiveness of their method and whether it is justified, the judges have not engaged in misconduct.”

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