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5. Technology C. Remedying Issues with the Judicial Law Clerk

The COVID-19 pandemic demonstrated the value of information technology in providing court In a perfect world, the clerkship will run smoothly. However, this is not always the case. This section
services to tribal communities. Information technology has gone far beyond word-processing intends to help judges solve problems that can arise when working with a judicial law clerk. The most
software. The judicial law clerk can research software and other technological solutions to enable the crucial action for the judge is to document the problems. Each document should specify the problem,
court to improve services to the tribal community in areas such as: the judge’s feedback, the clerk’s response, and whether the problem was solved.

ᆤ Video conferencing;
1. Work Product
ᆤ Case management;
Work product becomes a problem if the judicial law clerk does not submit an assignment as
ᆤ GPS monitoring and drug/alcohol monitoring; instructed by the judge on or before the deadline. The judge’s written feedback with clear instructions
gives the clerk a concrete reference as they work on an assignment. The judge may need to break the
ᆤ Management of child custody matters;
assignment into smaller parts and set clear deadlines on each part to keep the clerk on track.
ᆤ Social media and evidentiary rules; and
2. Inappropriate Conduct
ᆤ Crime, domestic violence, and family wellness matters.

The judge should specify expectations about the judicial law clerk’s on-duty conduct. The clerk’s
6. Cultural and Community Values problematic conduct may involve poor appearance, offensive language, lack of professionalism,
and/or inappropriate behavior. If the clerk presents conduct issues, then the judge should address
them immediately by specifying the conduct and concerns raised, and describing the required
“Tribes are sovereign nations with their own rules, customs, and traditions.” The judge should train
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the judicial law clerk on the tribe’s history and constitution. The clerk needs to be familiarized with improvement.
the tribal laws, unwritten traditions, and customs. Additionally, the judge should teach the clerk the
distinctive aspects of working in Indian Country.
3. Confidentiality
Many tribal reservations have unwritten customs. “Some tribes may close their doors for reasons that
are not common to the Anglo-American system.” For example, a tribal court may postpone hearings Maintaining confidentiality is essential to the court’s credibility. A judge must counsel a judicial law
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for a death in the community or tribal holiday. These customs might be completely foreign to a new clerk who fails to exercise the appropriate discretion. The judge must act quickly to minimize any
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clerk. Therefore, the judge should advise the clerk to be sensitive to local customs and respect them. potential damage. If the breach violates the terms of employment or applicable law, or if it affects a
pending matter before the court, then the judge should consider terminating the clerk. The judge may
Lastly, the judge should train the clerk on cultural sensitivity. “A critical aspect of cross-cultural
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interaction is the attitude one projects. Arrogance is not an admirable trait.” Many judges and court need to consult with the HR department if the clerk is a direct employee. If a clerk is a student intern
or extern, the judge should contact the law school.
staff are not law-trained, so it is important for the clerk to respect everyone in the tribal court system.
A clerk should not behave as if they write better or are more knowledgeable of the law than other In all cases, if the judge determines that a breach has significantly harmed the court’s credibility, the
tribal court staff. The clerk should be gracious and humble in the tribal court and community. The tribal community or government, or another affected party or entity, then ending the clerkship early
judge and court staff should give the clerk advice and direction on these matters. may be appropriate. It is important, however, to follow any applicable law or policy and work with the
HR department or a pertinent official to determine whether termination is an option, and whether
other steps must be taken first.

120 Id. at 31.
121 Id. at 32.
122 Id.
123 Id. at 31.
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