Ep. 23 - We Don’t Talk About Law Clerks with Prof. Eric Segall

Do you think Judges who hate Black people should be allowed to decide cases? What about Judges who hire law clerks who–allegedly– “hate black people”; is that okay? The U.S. Judicial Conference reopened investigations into Judges William Pryor and Corey Maize regarding the hiring of Crystal Clanton, who purportedly sent a text message that said she “hates black people.” 

I bet you never thought about the influence law clerks have over the cases that come before the Judges they serve. It is time to break the unwritten lawyer code of not talking about the power and influence of Judicial Law Clerks.

Georgia State University Law Professor and author Eric Segall joins host Mary Whiteside to peek behind the bench and talk about what law clerks really do and how much silent power they wield. 

Find the podcast on Twitter @courtpod or drop an email at mayitdispleasethecourt@gmail.com. We would also love to rate and review the show. It helps others find the program.

Sources Cited

• Supreme Myths Podcast https://podcasts.apple.com/ie/podcast/supreme-myths/id1523903890 

• Supreme Myths - Why the Supreme Court is not a Court and its Justices are not Judges https://www.indiebound.org/book/9780313396878 

• https://blog.harvardlawreview.org/author/ericsegall/

• https://www.law.com/dailyreportonline/2021/10/15/law-professor-calls-for-mea-culpa-from-judge-and-law-clerk-over-racist-rant/?slreturn=20220012161752

• https://www.ajc.com/news/georgia-news/judge-pryor-cleared-of-allegations-involving-hiring-of-controversial-clerk/X3JAHI2TQBCUBMTQ5MDHO56FU4/ 

• https://www.washingtonpost.com/opinions/2021/10/08/crystal-clanton-racist-comments-william-pryor-clerkship/ 

• https://www.washingtonpost.com/opinions/2022/01/18/clerk-texts-appeals-court-clanton/ 

• https://www.reuters.com/legal/transactional/federal-judges-cleared-misconduct-after-hiring-clerk-accused-racism-2022-01-14/ 
• https://www.reuters.com/legal/government/us-judicial-panel-orders-probe-into-hiring-clerk-accused-racism-2022-07-08/