Office Politics: Hiring and Firing Government Lawyers

The Public Lawyer, Vol. 18, No. 1, Winter 2010, pp. 7-9.

4 Pages Posted: 24 Oct 2014

See all articles by Gilda Daniels

Gilda Daniels

University of Baltimore - School of Law

Date Written: Winter 2010

Abstract

In September of 2009, the U.S. Department of Justice (DOJ) announced that it would not prosecute former DOJ Civil Rights Division official Bradley Schlozman for alleged false statements made during his congressional testimony about personnel actions at DOJ. As many government lawyers will remember, a July 2, 2008, report of the DOJ Office of Professional Responsibility and Office of the Inspector General (hereinafter, the IG's report) found that Schlozman had violated the Civil Service Reform Act when he "considered political and ideological affiliations in hiring career attorneys and other personnel actions affecting career attorneys in the Civil Rights Division."

Often after the transition to a new administration, government lawyers wonder if their new boss will be overtly political or if they will be transferred or fired. Most government lawyers inherently understand that while consideration of partisanship is appropriate when hiring for political positions, it is entirely inappropriate for career positions.

The experiences of lawyers in the Civil Rights Division should serve as a powerful lesson to governmental agencies across the country about when it is permissible to consider political patronage for employment purposes.

Keywords: U.S. Department of Justice, Civil Rights Division, DOJ, government lawyers, government attorneys, partisanship, career positions, political positions, Civil Service Reform Act, political affiliation, politically motivated dismissals, First Amendment, Fourteenth Amendment, employment law

JEL Classification: K19, K29, K39, K49, H11, J71, J78

Suggested Citation

Daniels, Gilda, Office Politics: Hiring and Firing Government Lawyers (Winter 2010). The Public Lawyer, Vol. 18, No. 1, Winter 2010, pp. 7-9., Available at SSRN: https://ssrn.com/abstract=2514018

Gilda Daniels (Contact Author)

University of Baltimore - School of Law ( email )

1420 N. Charles Street
Baltimore, MD 21218
United States

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