Judicial Clerkships

JUDICIAL CLERKSHIPS
A judicial clerkship is a post-graduate position with a judge or a court, in which the law clerk works closely with the judge as an assistant in handling his or her caseload. Most clerkships are temporary in nature, lasting for a term of one or two years. In some cases, the clerkship continues for a longer period of time, typically in the category of a “career” or “permanent” clerk.

Types of Clerkships
In traditional judicial law clerkships, sometimes called “elbow” clerkships, the clerk is hired by and works for an individual judge. The precise kind of work these clerks perform depends upon the court and the judge’s individual preferences. Typically, a clerk who works for a trial judge will become closely involved in the actual details of litigation. The clerk may assist the trial judge in all facets of a case, from pre-trial conferences and motions through the trial itself. In addition, the clerk is likely to have considerable contact with lawyers for the parties to arrange scheduling conferences and other administrative matters. A clerkship with a trial judge provides a valuable practical education in the litigation process.

In contrast, judicial law clerks for appellate judges work nearly exclusively with completed trial court records. Thus, their work involves only the application of the law – not fact finding as in the trial courts. As a result, appellate clerks do not work with discovery management or parties, and they have less contact with practicing attorneys than do trial court clerks. Rather, they are expected to consider in a scholarly yet practical way the issues of law raised by the trial court record.

Regardless of whether a judicial law clerk works in a trial or appellate court, the exact nature of the clerk’s work depends chiefly upon the needs and practices of the judge. Some judges discuss questions with their clerks before reaching a decision. Some judges prefer oral briefings; others prefer written memoranda. Some judges expect their clerks to compose draft opinions or jury instructions; others ask their clerks only to provide written memoranda to the judge that summarize the legal issues and sometimes recommend a particular action (“bench memos”).

In staff attorney positions or clerkships for the entire court (as contrasted with clerkships for an individual judge), the graduate works for the court as a whole. These clerkships also vary considerably from court to court. Some positions are specialized and the clerk/staff attorney works only with a particular group of cases (e.g. pro se law clerkships or habeas clerkships). Other positions are general, and the clerk/staff attorney researches and prepares written memoranda or draft opinions on any and all matters assigned to them by the court.

Benefits of Clerking
• Clerkships are viewed by many potential employers as one of the best training opportunities a new lawyer can obtain
• The positions provide unique insight into the process by which judicial decisions are made • Judicial law clerks provide crucial assistance in the judicial process through researching and analyzing the important matters pending before the court
• Clerks see many dimensions of the legal system and gain an appreciation of both its strengths and weaknesses
• Clerks see the work product and style of many lawyers practicing before the court, providing a vantage point from which to fashion their own standards
• Clerkships can provide the ideal foundation for an outstanding mentor relationship with a judge • Clerks are able to assess what types of law practice might be the best fit
• Clerkships provide an opportunity to learn new areas of law, thus enhancing a clerk’s law school education
• Research, writing and oral communication skills are greatly improved
• Clerkships provide valuable contacts with judges, attorneys and other clerks
• A clerkship carries significant resume value

DECIDING WHERE TO APPLY
(1) Type of Court
Federal court clerkships are often the most competitive. While many federal judges consider only students with strong academic credentials, others may look beyond a student’s grade point average for other unique qualities, skills, or experiences. Strong legal writing experience is also a very important factor for many federal judges, as evidenced by participation in a law journal or other publication experience. State court judges are sometimes more flexible in terms of qualifications, although their clerkships are often as competitive as the federal courts. You are encouraged to speak to the Director of Career Services or a member of the Faculty Judicial Clerkship Committee to determine the kind of clerkship that will serve you best.

Clerkship opportunities exist at various court levels:
• Federal appellate courts (U.S. Supreme Court and U.S. Courts of Appeals): The United States Supreme Court is the highest court in the federal court system. Each year this court reviews a limited number of cases from lower federal courts and the highest state courts. These cases usually involve important questions about the Constitution or federal law. In almost all cases, judicial law clerks at the U.S. Supreme Court have first served as a judicial law clerk in a lower federal court, usually with a U.S. Court of Appeals.

The U.S. Courts of Appeals (circuit courts) are the intermediate appellate courts in the federal judiciary. The judicial districts are organized into 12 regional circuits, each of which has a U.S. Court of Appeals (First – Eleventh and D.C. Circuit). These courts hear appeals from the district courts within each circuit, as well as appeals from decisions of federal administrative agencies. Most judges in active service on each of the federal circuit courts have judicial law clerks who work directly for the judge. Some of these clerkships are “career clerkships,” but many are one or two-year “term clerkships” that are perfect for new graduates. In addition to the judicial law clerks at the federal appellate level, circuit courts also have central staffs of permanent staff attorneys.

The U.S. Court of Appeals for the Federal Circuit is an intermediate appellate court that has nationwide jurisdiction in specialized cases, such as those involving patent laws arising from the district courts. This court also has jurisdiction over appeals from the Court of International Trade, U.S. Court of Federal Claims, U.S. Court of Veteran Appeals, International Trade Commission, Board of Contracts, Patent and Trademark Office, and Merit Systems Protection Board.

• State appellate courts: Every state has a highest appellate court (usually a “supreme court”), and many have one or more intermediate appellate courts. Most state supreme court justices and many intermediate appellate court judges have one or more judicial law clerks.

• Federal trial courts (U.S. District Courts): There are over 1,000 active district judges in the federal system. These are general trial courts of the federal court system with jurisdiction to hear nearly all categories of federal cases, including both civil and criminal matters. There are 94 federal judicial districts, including at least one district in each state, the District of Columbia, and Puerto Rico. Three territories of the United States (the Virgin Islands, Guam, and the Northern Mariana Islands) have district courts that hear federal cases as well. Most have an average of two judicial law clerks. Clerkships are also available with Senior Judges, District Judges and Magistrate Judges. [U.S. Magistrate Judges are judicial officers appointed to serve in a U.S. District Court for a term of eight years. Although these judicial officers officially “report” to the district court judges, the role of U.S. Magistrates in the adjudication of civil cases has expanded so that they now have judicial responsibilities similar to those of district court judges. Since U.S. Magistrates cannot conduct trials for felony criminal cases, the workload is more civil than criminal. The specific responsibilities of U.S. Magistrates vary by court, but some of the typical duties include the following: serving as a judge for the trial of civil cases when all parties consent; ruling on pretrial motions; conducting pretrial and discovery proceedings; serving as special masters in civil cases; deciding dispositive motions by issuing a “report and recommendation” for the district judge to approve; issuing search warrants upon findings of probable cause; and conducting preliminary hearings in criminal cases.]

• State trial courts: Many state trial courts have judicial law clerks for their general, limited, and specialized jurisdiction courts and divisions. Specialized jurisdiction courts can include Juvenile, Family, Housing, Probate, Tax, Water, Drug, State Bar (discipline), and others.

• Federal courts of limited jurisdiction: Specialized jurisdiction federal courts include: U.S. Bankruptcy Courts - judges adjudicate a wide variety of bankruptcy and general commercial law disputes.

U.S. Court of Federal Claims – trial court which handles specialized claims against the United States; has nationwide jurisdiction over most suits against the federal government for money damages in excess of $10,000. This court handles a variety of cases, including tax refunds, federal taking of private property for public use, constitutional and statutory rights of military personnel and their dependents, back-pay demands from civil servants claiming unjust dismissal, persons injured by childhood vaccines, and federal government contractors suing for breach of contract.

U.S. Court of Appeals for Veterans Claims - has exclusive jurisdiction over the decisions of the Board of Veterans’ Appeals on the motion of claimants; such cases include all types of veterans’ and survivors’ benefits, mainly disability benefits, but also loan eligibility and educational benefits.

U.S. Court of Appeals for the Armed Forces - exercises world-wide appellate jurisdiction over court-martial cases involving United States military personnel. Cases address a broad range of legal issues, including constitutional law, criminal law, evidence, administrative law, and national security law.

U.S. Court of International Trade - trial court with jurisdiction over cases involving international trade and customs duties. Most cases concern the classification and valuation of imported merchandise, customs duties, and unfair import practices by trading partners.

U.S. Tax Court, which handles disputes with the Internal Revenue Service. Judges on these courts frequently hire judicial law clerks to assist them in their work.

• Federal and state administrative law courts: Many federal and state agencies have internal review boards, which make decisions that interpret the agency’s regulations; judges of these boards are sometimes known as Administrative Law Judges. These judges also frequently hire judicial law clerks. Boards include the Equal Employment Opportunity Commission, National Labor Relations Board, and the Securities and Exchange Commission.

(2) Geographic Location of Clerkship
The issue of geographic location is important for most clerkship applicants, and it is decisive for many. There are outstanding clerkship opportunities all over the country and at all levels. Many applicants tend to concentrate their efforts in relative few cities, however, you may have a better chance of obtaining a rewarding clerkship in areas other than the major cities where competition is stiffest, e.g. 2nd Circuit, DC Circuit, 9th Circuit. Applicants whose circumstances require them to apply only to highly competitive cities should recognize the nature of the competition and apply as broadly as possible.

(3) Clerkship Quality and Environment
For most applicants, the question is really whether the clerkship experience will be a “good” experience; that is, will the judge make effective use of a clerk’s talents and energy, and will working for this judge be personally and professionally rewarding? The answers to these questions are not always straightforward. Styles vary dramatically from judge to judge. You should not limit your search only to well-known judges and courts. Many lesser-known judges are superb jurists who rely heavily upon the judgment of their law clerks. Similarly, while a court may be lesser known to you, it is very well known to the communities it serves. Thus, you should be expansive when you consider to which judges and courts you will apply.

WHEN TO APPLY
Deadlines for clerkships vary, so it is imperative that you determine the most appropriate timing for your applications to particular courts. Many courts have firm requirements from which you cannot deviate.

• Students seeking post-graduate judicial law clerkships in the federal courts may only apply immediately following Labor Day of their third year.

• Students seeking post-graduate judicial law clerkships in the state courts may have to apply during their second year for some state court clerkships and during their third year for other state court clerkships.

As a result, regardless of which clerkships you are considering, you should begin evaluating this issue, understanding the required timing for your particular courts of interest, and setting up recommendations during your second year. *Recent graduates may begin the application process at almost any time of year.

Consult closely with the Office of Career Services and the Faculty Judicial Clerkship Committee to determine the most current information for the courts to which you are applying.

For more detailed information about judicial clerkships, to view a judicial clerkship resource directory, and to learn more about the 2009-2010 hiring and application process, please click the link(s) below.

Judicial Clerkship Resource Directory - Law Library 2008

revised May 16, 2008