On September 17, 2018, Judge Jeremy Fogel became the first Executive Director of the Berkeley Judicial Institute, a center at Berkeley Law School whose mission is to build bridges between judges and academics and to promote an ethical, resilient and independent judiciary. Prior to his appointment at Berkeley, he served as Director of the Federal Judicial Center in Washington, DC (2011-2018), as a United States District Judge for the Northern District of California (1998-2011), and as a judge of the Santa Clara County Superior (1986-1998) and Municipal (1981-1986) Courts. He was the founding Directing Attorney of the Mental Health Advocacy Project from 1978 to 1981.
Judge Fogel has served as a faculty member for the Federal Judicial Center since 2002 and was a lecturer at Stanford Law School from 2003 until his relocation to Washington. He taught for the California Continuing Judicial Studies Program and California Judicial College from 1987 to 2010 and has served as a faculty member for legal exchanges approximately twenty foreign countries. He received his B.A. from Stanford University in 1971 and his J.D. from Harvard Law School in 1974.
Judge Fogel has received numerous accolades, including the President’s Award for Outstanding Service to the California Judiciary from the California Judges Association, the Vanguard Award for notable contributions to intellectual property law from the State Bar of California, and, most recently, the Samuel E. Gates Litigation Award from the American College of Trial Lawyers, which is given from time to time to recognize “a lawyer who epitomizes ethical conduct, integrity, collegiality, and professionalism.”
Among his major areas of interest are judicial ethics, judicial administration, judicial decision making (including effective ways to teach judges about unconscious bias and the impact of emotion), and judicial wellness.
Judge Jeremy D. Fogel is not teaching any Law courses in Fall 2023.
Supreme Court’s New Code of Ethics Unlikely to Change Justices’ Practices
The code’s value “will depend in large part on whether and to what extent individual justices are involved in future ethical controversies,” said former federal judge Jeremy Fogel, director of the Berkeley Judicial Institute at Berkeley Law. “My impression is that the process of getting to this point has made the justices more intentional about public trust and confidence and the impact of ethical issues.”
How the Supreme Court settled on an ethics code — and what it left out
Retired U.S. District Judge and Director of the Berkeley Judicial Institute Jeremy Fogel said the careful wording of the ethics code and its introductory statement suggest the justices, led by Roberts, approached it as if they were crafting an opinion.
US Supreme Court prepares for new term under ethics cloud
“The usual inquiry at the beginning of a term is, ‘What are the big cases and how is the court likely to rule on those cases?'” retired federal judge Jeremy Fogel, who heads the Berkeley Judicial Institute at the University of California, Berkeley School of Law, said in an interview. “But the question about the court’s administration of its own business – I don’t remember ever seeing that at the beginning of a term.”
Clarence Thomas’ 38 Vacations: The Other Billionaires Who Have Treated the Supreme Court Justice to Luxury Travel
“In my career I don’t remember ever seeing this degree of largesse given to anybody,” said Jeremy Fogel, a former federal judge who served for years on the judicial committee that reviews judges’ financial disclosures and executive director of the Berkeley Judicial Institute.
Trump documents case judge made multiple errors in earlier trial
Jeremy Fogel, a former federal judge who leads the Berkeley Judicial Institute in California, said Cannon made “two fairly significant mistakes” during jury selection in the June trial, but said it’s hard to gauge their consequences because the trial did not move forward.
Judging the Supreme Court
Judge Jeremy Fogel, executive director of the Berkeley Judicial Institute discusses ethics at the Supreme Court.
Opinion: A former judge explains how to fix the Supreme Court’s ethics problem
Jeremy Fogel, executive director of the Berkeley Judicial institute discusses ethics at the Supreme Court with Washington Post columnist Ruth Marcus.
‘Build trust’: Berkeley Judicial Institute discusses courtroom media portrayals with judges, journalists
“There’s a desire in both professions to get at the truth and figure out what the evidence points to and that kind of thing, but I think journalists and judges go about it differently,” said Judge Jeremy Fogel, Executive Director of the Berkeley Judicial Institute.
How Judges Handle Offers of Free Dinners, Trips and NBA Tickets
The Honorable Jeremy Fogel, Executive Director of Berkeley Law’s Berkeley Judicial Institute comments on controversies over perks accepted by Supreme Court justices.
‘People Think Courts Are Like Judge Judy’: Jurists Say Media Relations Key to Informing Public
“I’ve always marveled at the fact that a lot of people think that courts are like ‘Judge Judy,’ or that [they are like] some other show they see on TV,” said Judge Jeremy Fogel, executive director of the Berkeley Judicial Institute. “When I was a young lawyer, they expected you to do what Perry Mason did: produce the guilty person.”
Federal Judges Say More Of Them Should Speak To The Press
Retired U.S. District Judge Jeremy Fogel, who presided in the Northern District of California, said judges are “uniquely situated” to educate the public as neutral parties. And they’re encouraged by most codes of conduct to do so, said Fogel, who now serves as executive director of the Berkeley Judicial Institute.
Berkeley Judicial Institute Series Aims to Improve Communication Between Media and the Courts
All three “Judges and the Press” sessions are free and open to anyone, with a target audience of judges, court administrators, and journalists.
Could D.A. Brooke Jenkins’ earlier statements on Walgreens shooting case come back to haunt her?
“If charges are filed, defense counsel will ask for discovery of all evidence known to the D.A. at the time that she expressed her initial opinion, on the basis that the evidence is reasonably likely to be exculpatory,” said Jeremy Fogel, a former federal judge and now executive director of the Berkeley Judicial Institute at UC Berkeley Law School
The Supreme Court rejects ethics oversight. Can anything change that?
The erosion of the court’s public esteem is not due entirely to the tenor of its recent decisions, UC Berkeley law professor Jeremy Fogel, a former federal and California state judge and currently executive director of the Berkeley Judicial Institute, told the committee. Among other important factors, Fogel mentioned “a persistently hyperpartisan political environment … and the pervasiveness of social media as a source of misinformation and disinformation about the law, the judicial process and the judges and justices to whom that process is entrusted.”
Deep divide at Supreme Court ethics hearing, despite some GOP calls for action
Former federal judge Jeremy Fogel, now executive director of the Berkeley Judicial Institute at UC-Berkeley Law School, said in prepared remarks it was “awkward” for him to testify because he admires Roberts and understands the complications of adopting a code of ethics for the justices.
Prominent Retired Judge Calls for Ethics Rules for Supreme Court Justices
Coverage of the hearing on Supreme Court Ethics in which The Honorable Jeremy Fogel, Berkeley Judicial Institute Executive Director participated.
Senate Hearing Underscores Divide On High Court Ethics
Jeremy Fogel, a former federal district judge and the executive director of the Berkeley Judicial Institute at the University of California, Berkeley Law School, said other federal judges on the lower courts would benefit alongside the public from the Supreme Court’s taking a more active stance on ethics.
Court cases in California have plummeted. Here’s why the state’s chief justice says it’s a very troubling sign
“The system is not set up to deal with the underlying problems. It’s set up to deal with the legal problems,” said Jeremy Fogel, a former federal judge in San Jose who now heads the Berkeley Judicial Institute at UC Berkeley School of Law. “The system is in some ways rigid and inflexible.”
50 Judges Open Up About Law Clerk Selection And Diversity
“The judges we interviewed were thoughtful, sincere, and serious about their commitment to law clerk diversity as each of them defines it,” said the study’s co-author, former California federal Judge and head of the Berkeley Judicial Institute at UC Berkeley School of Law Jeremy Fogel. “The challenge for many of them is translating that commitment into specific practices that actually achieve the outcomes they seek.”
Here’s how federal judges think about diversity in hiring law clerks
The Berkeley Judicial Institute’s new study on law clerk diversity is featured.