The News: The American Bar Association (ABA) removed two racial quotas from its Judicial Clerkship Program following a Title VI complaint and a judicial misconduct complaint filed by WILL earlier this year. Previously, each law school was required to “send (and underwrite the costs for) four to six law students who are from underrepresented communities of color.” Similarly, judges selected to participate were “asked to make a commitment to strive to hire at least two minority judicial law clerks over the next five years.” Both quotas are now gone.

Many law schools have partnered with the ABA to put on the clerkship program and the ABA touts their relationship and access with various “Article III judges” (federal judges) and “state supreme court justices.”

The Quotes: WILL Associate Counsel, Skylar Croy, stated, “All law students deserve an equal shot to compete for prestigious post-law school employment. No one should assess them based on the color of their skin—especially not the ABA and especially not judges. Instead, they should be considered based on their individual talents and knowledge of the law. We will continue to challenge race-based programs to reach WILL’s goal of complete race neutrality.” 

Additional Background: Most judges hire a recent graduate as a “law clerk.” These jobs are often considered a golden ticket to a successful legal career. For example, six of nine current U.S. Supreme Court justices once clerked for the Court.  

Since at least 2001, the ABA’s Judicial Clerkship Program has helped some law students secure clerkships. The program is essentially a job fair where law students can meet judges, including federal judges and state supreme court justices. At least 15 law schools contract with the ABA to send their students to the program, which a little over 50 students attend each year. This year, the program was sponsored by legal research giant LexisNexis. 

Previously, the ABA employed two explicit racial quotas. Following the complaints, the ABA removed them (see below). WILL initially filed a Title VI complaint against the ABA and three participating universities—South Texas College of Law Houston, the University of the Pacific, and Willamette University—all receive federal funds. Title VI prohibits federal fund recipients from discriminating on the grounds of race, color, or national origin. WILL also filed a judicial misconduct complaint against Magistrate Judge Leo I. Brisbois, a federal judge in the District of Minnesota, for his involvement. 

WILL remains concerned that race may still play a role in the selection of law students and will continue to pursue its Title VI complaint. However, the elimination of two racial quotas marks a significant step in the right direction. 

Read More:

• Press Release for Complaint and Judicial Misconduct, May 2024