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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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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I think this could be applicable; we’d have to analyze what constitutes “judicial conduct” - case-focused, or also things like retirement.
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I like it! The rest of that paragraph makes clear that it applies to things other than the judge's own case work, by proscribing using the prestige of the office to help friends in other proceedings, or voluntarily serving as a character witness
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The comment on that section includes an explicit reference to involvement in judicial selection, although presumably they didn't mean for one's own replacement. And his communications may not have fit within that safe harbor, if he did more than "respond to official inquiries"pic.twitter.com/o8XGZ4V3AZ
End of conversation
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