VERY interesting! Who might the clerk be? Also, it's reminiscent of the Justice Kennedy situation with Gorsuch & now possibly Kavanaugh/Kethledge - encourage a judge to retire by nominating a former clerk of his. #SCOTUS #appellatetwitterhttps://twitter.com/ZoeTillman/status/1014159482178473984 …
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Explicit negotiations that condition retirement on the identity of one's replacement seems to me to go to a whole different level, though. Nothing in the code of judicial ethics applicable to this?
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Timing one's retirement is not picking one's successor.
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I agree it’s troubling - I’m not aware of any applicable canon, but I’m not an ethicist. Posner would hate it; he talks about this kind of thing in Reflections on Judging.
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Find anything on point?
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Not really. I'll post the ones that come closest imo.
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"3(B)(3) A judge should exercise the power of appointment fairly and only on the basis of merit, avoiding unnecessary appointments, nepotism, and favoritism." The judge doesn't hold the appt power here, but he's arguably influencing that "power based on favoritism"
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2(B): "A judge should not allow family, social, political, financial, or other relationships to influence judicial conduct or judgment." He's arguably allowing his personal relationship with the former clerk influence the timing of his retirement
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