On Thursday, the Third Circuit announced that it is adopting for at least one year the new hiring plan for law clerks, as I posted here. Here are some more details:
- The new hiring plan makes two main improvements: (1) hiring would start after law students’ second year, not their first, and (2) it bars exploding offers.
- The new plan was first announced in February by Chief Judges Katzmann of the Second Circuit, Wood of the Seventh Circuit, Thomas of the Ninth Circuit, and Garland of the D.C. Circuit. It was issued after over 100 law school deans sent the judiciary a letter last year urging reform of clerk-hiring practices.
- So by adopting the plan, the Third Circuit joins its neighbors to the north (Second) and south (D.C.).
- I learned that the Third Circuit adopted the plan after receiving a second letter from the deans of law schools within the Third Circuit urging them to do so.
- The court’s announcement was issued the day after its en banc sitting, which suggests the judges met to discuss and vote on it in person.
- Law professor Aaron Nielson pointed out to me on Twitter that the Third Circuit’s announcement refers to “[p]articipating judges,” which could mean that one or more Third Circuit judges are not participating. He noted that the Ninth Circuit’s announcement used the same phrase while stating that the “great majority” of its judges will follow the new plan. My initial reaction was that I read the Third Circuit’s announcement to mean that all the court’s judges are following the plan for a year, but on reflection I believe Professor Nielson may be right, and if I learn more I will update this post.
- Also last week, as reported by Marcia Coyle in the National Law Journal, Justice Ginsberg spoke in favor of the law plan, and Justice Kagan said she will take into account judges’ and schools’ compliance with the plan in her own clerk hiring.