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2. Ethics 3. Confidentiality

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Judicial law clerks need clear training from the judge on the requirements they must strictly meet Confidentiality and conflict-of-interest rules apply to judicial law clerks, so they must be cautious
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during the clerkship. On day one, the judge should require the clerk to carefully read important about discussing their work with non-employees of the tribal court. Judges rely on their clerks to
documents such as standards of conduct, codes of ethics and professional responsibility, rules of keep confidences when conversing with other judges and other court staff.
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judicial conduct, court rules of employee conduct, and any general tribal government employee
manual. If the court does not have written ethics rules, the judge can require the clerk to review Confidentiality might be more challenging if the judicial law clerk works remotely. The clerk may
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the Federal Judicial Center’s publication Maintaining the Public Trust: Ethics for Federal Judicial Law need to include a confidentiality statement in all e-mail correspondence. If the clerk participates in
Clerks. 94 video meetings and hearings, then the judge should ensure that no third parties are with the clerk at
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their remote worksite. Additionally, the clerk may need to keep electronic files stored in a secured
“Tribal judges are held to the highest ethical standards,” and their clerks are, too. The ethics rules location. Sending files over the internet may require additional software to ensure confidentiality.
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ensure that a judicial law clerk acts honestly and is loyal toward the tribunal. These ethics rules apply The court may require the clerk to delete electronic files once the clerkship has ended. The judge
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outside the court and in the tribal community. The clerk represents the tribal court and must be may need to remind the clerk that the confidentiality rules are life-long and that the clerk may not
mindful of that responsibility by restricting their behavior outside the courtroom. For example, some disclose work-derived information after the clerkship ends. 108
tribal courts hear cases involving the tribe’s gaming enterprise, so the tribal court may prohibit judges
and clerks from gambling at tribal facilities to avoid the appearance of impartiality. In addition, the
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judge may restrict the clerk from socializing with the tribal community. Prohibiting the clerk from 4. Other Tribal Court Materials
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using alcohol and legal recreational drugs helps to avoid any appearance of impropriety. The clerk
may be a tribal court liaison with outside entities, which could risk the tribal court’s appearance of The judge should give the judicial law clerk relevant materials to promote the clerk’s success. It is
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impartiality. In addition, the clerk should be mindful of the postings on their public social media unlikely that the clerk will have an in-depth knowledge of a particular tribal court. Because many
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accounts. tribes do not publish their tribal constitution, code, or court opinions, the judge must give the clerk
access to this body of law and to the tribal law library. Giving the clerk a brief history of the tribe to
The ethics rules also apply to cultural matters. Some ethics rules are unique to tribal courts. For read and briefing the clerk on tribal customs and traditions will provide helpful context.
example, if gift-giving is a custom or tradition, it will be problematic if a party in a pending tribal court
case presents a gift to the clerk. Accepting unsolicited gifts may pose an ethical concern about out-
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of-court communications and the appearance of impropriety and undue influence.

93 Id. at 33. 101 Id. at 34.
94 Fed. Jud. Ctr., Maintaining the Public Trust: Ethics for Federal Judicial Law Clerks (accessed Aug. 9, 2021), https:// 102 Id.
www.fjc.gov/sites/default/files/materials/24/Maintaining_the_Public_Trust_Revised_4th_Edition_2019.pdf. 103 Id.
95 Case & Tompkins, supra note 1, at 33. 104 Id.
96 Id. at 35. 105 Id.
97 Id. 106 Id.
98 Id. 107 Id.
99 Id. 108 Id.
100 Id. 109 Id. at 47.
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