Ethics

David Weiden of Indiana University is conducting a research study of current and former law clerks of the Supreme Court of Canada.  Unlike (as I understand it) USSC clerks, SCC clerks are not the subject of much public discussion, and their role is not well understood.  Professor Weiden's survey asks a variety of questions about the role that the clerks played and also about their impression of the decision-making processes of the judges for whom they worked.  In my view it has the potential to help open up the clerk's role for discussion.  Unfortunately, in an e-mail sent out today the SCC has told former clerks that responding to Professor Weiden's survey would violate their legal obligations:

"The current Justices of the Supreme Court of Canada have declined to participate in interviews for Professor Weiden?s project. Current law clerks have been advised not to participate in the survey, as doing so would violate their confidentiality obligations. The Court takes the view that participation in the survey by former clerks would also violate confidentiality obligations. The Court takes the view that confidentiality obligations of current and former law clerks are not limited to information about cases, but also extend to internal processes of each Justice?s chambers."

I have asked the Court to explain the basis and nature of these asserted obligations, and also to advise which questions, if any, of Professor Weiden's survey can be answered.  In the meantime, I would be interested in the view taken on the confidentiality obligations of law clerks in the US.