Md. Admin. Order of 2015-07-02 (Utilization of Law Clerks)

IN THE COURT OF APPEALS OF MARYLAND

ADMINISTRATIVE ORDER ON THE UTILIZATION OF LAW CLERKS

WHEREAS, Each judge of the Court of Appeals and the Court of Special Appeals of

Maryland is provided, through State funding, one or more full-time law clerks each year; and

WHEREAS, Each circuit court judge throughout the State of Maryland is provided,

through State funding, a full-time law clerk each year; and

WHEREAS, Each District Court judge throughout the State of Maryland is provided,

through State funding, with the assistance of shared full-time law clerks each year; and

WHEREAS, The purpose of clerkships is two-fold: to provide judges with the legal

assistance necessary to conduct the work of their chambers and to provide new attorneys with an

intensive introduction to the practice of law, litigation, and observation of clerk and court

procedures; and

WHEREAS, Law clerks in the Maryland Judiciary are eligible to receive State health

insurance benefits; are eligible to participate in supplemental retirement plans (401K and/or 457

Deferred); are eligible for all regular State employee holidays, if the judges’ workloads permit;

and, although they do not accumulate annual, sick, personal, or compensatory leave, are eligible

for eighty (80) hours of paid leave upon completion of their term of service; and

WHEREAS, Law clerks are hired to serve at the pleasure of the judges, who may allow

their clerks to take up to eighty (80) hours of paid leave during the year in lieu of the above; and

WHEREAS, Courts throughout the State utilize retired judges available for recall to

handle pending dockets during judicial absences; and

WHEREAS, Judges who are recalled require the assistance of law clerks to provide the

support upon which judges rely to ensure the efficient administration of justice; and

WHEREAS, Law clerks, as new lawyers, stand to benefit from the experience of working

with more than one judge during their term of service;

NOW, THEREFORE, I, Mary Ellen Barbera, Chief Judge of the Court of Appeals and

administrative head of the Judicial Branch, pursuant to the authority conferred by Article IV, §

18 of the Maryland Constitution, do hereby order this 1st day of July, 2015, that

1. Law clerks shall be entitled to eighty (80) hours of paid leave upon completion of

their term of service, or may, at the discretion of their respective judges, schedule up

to eighty (80) hours of paid leave during the course of their year of employment; but

not both; and

2. Judges who are provided law clerks paid through State funding shall make their law

clerks available, subject to the workloads of their respective chambers, to assist

recalled judges handling Court dockets and other matters, including trials, during the

absence of sitting judges.

/s/ Mary Ellen Barbera

Mary Ellen Barbera

Chief Judge of the Court of Appeals

Filed: July 2, 2015

/s/ Bessie M. Decker

Bessie M. Decker

Clerk

Court of Appeals of Maryland