About that highly experienced Supreme Court law clerk.

A few days ago, we were talking about Justice Alito's new law clerk Adam G. Ciongoli, an experienced lawyer who worked closely with Attorney General John Ashcroft on Bush Administration policies that addressed theh 9/11 attacks. Today, Adam Liptak rounds up some opinion:

"We don't normally contemplate a high-level Justice Department official becoming a Supreme Court clerk," said Ronald D. Rotunda, a specialist in legal ethics at George Mason University School of Law. "It's just asking for problems that are unnecessary." Most Supreme Court law clerks, who prepare memorandums and draft decisions for the justices, have little of note on their résumés beyond superior grades at a top law school and a clerkship with a federal appeals court judge.

"They're like legal Doogie Howsers — child prodigies of the law," said David Lat, a former federal prosecutor whose blog "Underneath Their Robes" reports on the hiring of Supreme Court clerks. "Yet they're influencing decisions that affect millions."...

"It really indicates a lapse in judgment," Deborah L. Rhode, who teaches legal ethics at Stanford, said of Justice Alito's decision. "I just don't think it helps your reputation for nonpartisanship, particularly after such partisan confirmation hearings, to start out by hiring someone who is perceived to have an ideological agenda."...

"He cannot work for the justice on any cases that come before the court if he worked on those matters at Time Warner or the government," said Stephen M. Gillers, who teaches legal ethics at New York University. "You don't want him to the judge [sic] the quality of his own work."

Of course, it will never be possible to know what sort of casual conversations may take place in Justice Alito's chambers, said Monroe H. Freedman, who teaches legal ethics at Hofstra University. "No one is ever going to be able to police that," Professor Freedman said.

But, he added, "There is also a presumption that the justice can think for himself regardless of anyone he gets advice or counsel from."...

In all, Justice Alito's decision to hire Mr. Ciongoli was smart, said Steven Lubet, who teaches legal ethics at Northwestern. "Somebody with some real experience can provide better work than someone who's green," Professor Lubet said. "It's a terrific idea."

I'm surprised the opinion is as positive as it is. I would have expected a flood of comments like Rhode's, especially since so many lawprofs opposed Alito anyway. But maybe lawprofs like the idea that mature persons with a depth of experience working closely with Supreme Court Justices. Ciongoli aside, we see a potential trend. Maybe people like us -- and not our students -- should have these jobs. Hey, take me!