Important
Posted on | May 24, 2009 | 8 Comments
Who hires the clerks of the Supreme Court? From where are their salaries allocated?
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8 Responses to “Important”
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May 24th, 2009 @ 12:17 pm
Which clerks are you talking about?
May 24th, 2009 @ 2:09 pm
clerks of the Supreme Court
May 24th, 2009 @ 8:33 pm
It depends on which “clerks” you are asking about. Each Justice has two or three “law clerks,” who are typically hired (and the competition is extreme for those positions, among top graduates of top law schools, most of whom have already served as a “law clerk” to justices in the highest state courts, or to judges in the federal courts (district and circuit)) for a “term” (October through May, but the job is for 10-12 months). The shortterm, one-session “law clerks” are hired by each individual SCOTUS Justice. One of the not-so-secret clues to the fact that Justice Souter would be announcing his retirement was the fact that he had not interviewed and hired any personal law clerks for the 2009 session; every other SCOTUS Justice had done so (as they do every year) by April or early May, and the plum assignments had already been announced. Anyone who watches SCOTUS knew a month before Souter announced his retirement that it was going to happen.
In addition, the SCOTUS employs a few hundred attorneys and legal professionals, plus administrative professionals in career positions (some have been there for more than 30 years). Not a lot of employment turnover at SCOTUS. Many of these positions are also called “clerks.” Hiring is done via the judicial division/SCOTUS office of the federal OPM. These couple of hundred positions are civil service and unaffected by any change in administration; they are not federal “appointees.” Some of the SCOTUS “clerks” have been there through the past 6 administrations; some of them will be there through the next 6 administrations.
Even the tour guides at SCOTUS seem to stick around. It’s an excellent place to work. 🙂
May 24th, 2009 @ 8:52 pm
Their salaries are “allocated” as a part of the federal budget, which is determined each year by Congress, administered by the OMB. Each year’s federal budget provides a certain funding to the judicial branch (miniscule by comparison to the total federal budget). The annual judicial branch funding includes everything from judicial and staff salaries, to facility maintenance and upgrading, to records administration, to amortized equipment purchases/retirement. Many of the SCOTUS staff salaries are determined by the civil service pay grade scales, which apply to all branches of government employees.
May 25th, 2009 @ 1:29 am
separation of powers-that is where I am going. Who pays their salaries, can I schedule an appointment with the chief clerk?
May 25th, 2009 @ 5:46 am
Luce told how it is. There are two general classes of clerks at SCOTUS: the regularly employed “court clerks”, and the “law clerks” each of whom serve an individual justice at that justice’s pleasure.
The court clerks enjoy great trust, but their duties are ministerial. They make technical calls, not judgment calls.
The law clerks assess whether the technically-valid applications merit the attention of the justices. The U.S. Supreme Court receives far too many applications for the justices to personally examine, so they on their law clerks bring the interesting ones to their attention. The justices have sole power to review the performance of their law clerks.
The judicial branch pays both kinds of clerks from an operating budget appropriated by congress. Court clerk is a salaried professional position, while law clerk is a job for a intern, albeit in the case of SCOTUS the absolute top internship which will command great respect in the intern’s future in the legal profession.
May 25th, 2009 @ 9:45 am
Dr. Taitz,
The Supreme Court Rule 1.1 which I have posted several times gives the SCOTUS clerk the power to reject your filing when you do not follow SCOTUS rules. What part of that do you not understand. This is why they included a copy of SCOTUS rules with the letter to you.
May 25th, 2009 @ 12:43 pm
Will I be thrown off this site for my opinion of Sue’s posts?
Every other post to you regarding the above was by knowledgeable, and very smart people concerned with answering you question.
Two people who posted here who did not contribute anything regarding
your question were myself and SUE.
You can never be paid or given thanks enough for what you are doing.
Thank you.