The Judicial Conference of the United States has authorized its Committee on Codes of Conduct to publish formal advisory opinions on ethical issues that are frequently raised or have broad application. These opinions provide ethical guidance for judges and judicial employees and assist in the interpretation of the codes of conduct and ethics regulations that apply to the judiciary. The Conference has released Advisory Opinion No. 119: Law Firm Payments to Volunteer Interns and Externs Working in Chambers.
Many judges appoint volunteer interns or externs to assist with the work of the courts as part of their legal education. One common scenario involves a law student volunteering to serve in chambers and assist the judge and law clerks by researching, writing, or performing similar tasks. Although unpaid, the student obtains valuable work experience, a better understanding of the courts, and mentorship. The student may also receive academic credit. This opinion addresses whether the intern or extern may additionally receive a payment from a future law firm employer. Read the opinion.