The impact has been felt across the circuit.
The post Federal Judge Hires Just ONE Woman Law Clerk In 30+ Years… Insists THERE’S NOTHING TO SEE HERE appeared first on Above the Law.

You’d think that over the course of 30 years and hiring more than 70 law school graduates to serve as your law clerk that you’d have a wide variety of folks from all manner of different (though still elite, natch) backgrounds. Well, let me introduce you to D.C. Circuit Judge Karen L. Henderson.

Since being elevated to the appellate court in 1990 by George H. W. Bush (prior to that she was on the district court of South Carolina), Judge Henderson has only hired one female law clerk. Yes, women have outnumbered men in law school classrooms since 2016. Yes, in 2020 13 of the top 20 law schools had more female attendees than male attendees. And yet despite these increases in representation at law schools, Judge Karen has cultivated a reputation for only hiring male law clerks (she hasn’t hired a woman for the role in 20 years).

This hiring pattern was revealed as part of a confidential workplace survey conducted in the D.C. district and circuit courts, a copy of which was obtained by the Washington Post. Chief Judge Sri Srinivasan said the survey — which was completed by more than 400 current and former court employees — was conducted as part of an effort to ensure all employees are treated with dignity and respect. And yet, what the survey revealed was allegations of discrimination and bullying.

Many respondents said they were hesitant to file formal complaints against judges — a refrain we’ve heard before — as they feared retaliation or that their concerns would not be taken seriously by the other judges reviewing them. And Henderson’s well known hiring practices played a role in creating this culture, according to several respondents:

Four people stated in their survey responses that it is widely known that D.C. Circuit Judge Karen L. Henderson hires only men among the three or four people she selects each year for clerkships, yet court leaders have not acted. “Why would they act on reports of other discrimination?” one respondent asked.

Henderson provided the following statement on the issue:

“I give equal treatment and consideration to all applicants and hire law clerks based only on their credentials. To the extent any contrary impression exists, I regret that such impression exists and I will use my best efforts to address it.”

According to Judge David S. Tatel, the court has opened up an investigation into Henderson’s hiring. Tatel said there was “an informal resolution” that involves “among other things, a reporting mechanism for all hiring decisions.”

Clerkships — particularly on the prestigious D.C. Circuit — are highly sought after and play an important role in taking a legal career to the next level. This kind of gatekeeping is truly troubling.

Kathryn Rubino is a Senior Editor at Above the Law, host of The Jabot podcast, and co-host of Thinking Like A Lawyer. AtL tipsters are the best, so please connect with her. Feel free to email her with any tips, questions, or comments and follow her on Twitter (@Kathryn1).