Representing U.S. Judicial Employees in the Security Clearance Process
Our nationwide lawyers represent U.S. Judicial Branch employees in the security clearance process. The Judicial Branch is a separate and co-equal branch of the U.S. government which facilitates the security clearance process for its employees with the assistance of the Executive Branch. Most judicial employees do not require security clearances, but some are required to hold one as part of their position. We represent and advise these individuals in the security clearance process from investigation to appeals. We also advise federal judges and magistrates in the background investigation process.
Judicial Employees and Clearances
Judicial staff and magistrate judges (as opposed to federal judges where the process is different as they are presumed to have access) are required to hold a security clearance in order to obtain access to classified information. This process is explained in 18 USC Appendix 9 of the Classified Information Procedures Act as revised by Chief Justice John Roberts on December 1, 2020. A security clearance for a judicial employee can be evaluated by a third-party Executive Branch agency like the Federal Bureau of Investigation (FBI). These investigations are generally subject to court review and/or input.
As a rule, judiciary employees are only given access to classified information when that individual has received a security clearance and such access is necessary for an official function. One example where a judicial employee might need a security clearance is where they are employed by the Foreign Intelligence Service Court or need access to classified information associated with a particular case in a U.S. District Court. There are a number of other examples.
Initiation of the Security Clearance Process for Judicial Employees
When access to classified information is needed, the court informs their security officer the name of the individual that needs such access. The Department of Justice security officer is then contacted to initiate the security clearance process under the same general procedures applicable to employees in the Executive Branch. The security clearance process and completion of relevant security clearance forms will then begin. Following the completion of security clearance forms, the investigation (often conducted by the FBI) is initiated. The investigation will include background checks and possible interviews. If security clearance issues develop, they will be reviewed.
Contact Us
If you are a judiciary employee and need advice or representation on security clearance issues, please contact our office at 703-668-0070 or at www.berrylegal.com to schedule a consultation.
