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.
Professor Fogel’s Spring 2024 Class: Colloquium: Courts & Judicial Process
Jeremy D Fogel is not teaching any Law courses in Spring 2024.
The ‘Appeal to Heaven’ flag evolves from Revolutionary War symbol to banner of the far right
“Displaying those particular flags creates the appearance at least that the justice is signifying agreement with those viewpoints at a time when there are cases before the court where those viewpoints are relevant,” said Jeremy Fogel, executive director of the Berkeley Judicial Institute at the University of California, Berkeley Law School.
At Justice Alito’s House, a ‘Stop the Steal’ Symbol on Display
“You always want to be proactive about the appearance of impartiality,” Jeremy Fogel, a former federal judge and the director of the Berkeley Judicial Institute, said in an interview. “The best practice would be to make sure that nothing like that is in front of your house.”
Supreme Court to decide contentious issues amid ongoing criticism
Jeremy Fogel, the executive director of the Berkeley Judicial Institute, said it’s “unfortunate” that Supreme Court ethics have become such a partisan issue, which has prevented the country from having a real discussion about how to handle the behavior of the justices.
Trump defends Judge Cannon in fight over classified documents trial
Former federal judge Jeremy Fogel, who now runs the Berkeley Judicial Institute, said the timing of Trump’s statement is as significant as what he said, because it could create the impression that when Cannon rules, she is responding in part to what the former president has said.
‘Very, very troubling’: Judges, lawyers flummoxed by Judge Cannon
“In my 30 years as a trial judge, I have never seen an order like this,” said Jeremy Fogel, who served on the federal bench in California and now runs the Berkeley Judicial Institute.
Judge Newman’s Upheld Suspension Has Some Questioning Ethics Law
Jeremy Fogel, a retired federal judge who has also worked extensively on the issues of judicial ethics and mental health, said the situation surrounding Newman’s suspension illustrates broader problems with how the federal judiciary deals with aging in its ranks. Fogel said a protocol to assess judges’ cognitive function on a regular basis, implemented by the judiciary in consultation with experts, could reduce the kinds of confrontations that can emerge when a particular judge appears to show signs of decline.
Berkeley Judicial Institute Study Yields ‘Rich and Candid Insights’ on Clerkship Hiring
The groundbreaking empirical research features interviews with 50 federal judges and teases out trends and potential new practices for hiring a wider mix of clerks.
Can the Supreme Court rely on an ‘honor system’ for ethics? These 3 proposals go further
Former U.S. District Judge Jeremey Fogel who is currently executive director of the Berkeley Judicial Institute discusses ethics at the Supreme Court.
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.