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| Overview of Judicial Clerkships |
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• Why Clerk?
• Types of Clerkships
• What does a Judicial Clerk do?
• Availibility of Clerkships
• Qualifications for Clerkships |
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Why Clerk?
1. Credentials: There is no better or comparable way to begin a legal career starting out of law school than with a judicial clerkship. The credential of clerking is available primarily to recent law school graduates; waiting until you have experience to apply can, but often does not, enhance your candidacy because you will always be competing with the next group of new law school graduates. In other words, generally there is no better or available time to clerk than right out of law school.
2. Experience: A judicial clerkship provides an opportunity to gain extensive first-hand knowledge and experience in a wide range of both substantive and procedural legal matters. Judicial clerks gain confidence in courtroom presence and protocol, in addition to skill in handling complex litigation and courtroom procedures.
3. Public Service: A judicial clerkship enables an attorney who might otherwise not practice in public interest law to serve the public. The judicial law clerk has the opportunity to work on matters that may set precedent, or change the course of conduct for businesses or agencies, or require different standards for corporations and government. This work directly impacts and serves the public.
4. Value: Firms, corporations, academic institutions and government agencies alike place great value on the judicial clerkship experience when seeking candidates to fill employment opportunities. Some larger firms may offer signing bonuses for judicial clerks, while many firms of varying sizes typically give all or partial credit for the year or two spent as a judicial clerk. Although the salary for judicial clerks is less than that available in other sectors, the potential earning power of judicial clerks is as good as, or better than, other second or third year associates.
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Types of Clerkships
Individuals can serve as judicial law clerks for judges at virtually every type of court, federal, state, local, international or specialty, and at every level of court, trial, appellate and court of last resort or supreme court. Individual judicial clerks are known as elbow clerks, for working closely “at the judge’s elbow”. These positions are granted either by term or on a permanent basis. The terms vary but generally are from one (1) to two (2) years, though a few may last as long as four (4) years. Some judges may offer indefinite (permanent) clerkships.
In addition, clerkship opportunities also are available with some courts as a whole rather than with an individual judge. Generally, these clerks, known as staff attorneys or court law clerks, are responsible for such matters as pro se appeals, appeals to be decided summarily, substantive motions, jurisdictional issues, and other matters on the non-argument calendar. These positions may also run one to two years or can be permanent.
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What does a Judicial Clerk do?
Regardless of the court, a clerk’s work depends chiefly upon the needs and practices of the judge. Some judges, but not all, 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 bench memoranda.
1. General Duties: Generally, a judicial law clerk is an attorney hired to assist a judge with his or her various responsibilities, including administrative work. There are no strictly defined duties, as the clerk carries out the judge’s instructions. The work varies from court to court and from judge to judge, but normally a clerk will perform the following tasks:
• Conduct legal research
• Proof and edit opinions written by the judge
• Write memoranda
• Draft opinions for discussion with the judge
• Check citations for accuracy
• Discuss opinions with the judge
2. Administrative Duties: There may be a number of administrative functions that a judge also will assign to a clerk. Those functions include:
• Write draft opinions and orders
• Maintain the judicial library
• Conduct settlement conferences
• Assist the judge during trials
• Meet with attorneys
• Work with court administrative staff
• Write jury instructions
3. Terms of Employment: Most federal judges hire two to three law clerks per year, while most state judges hire one or two. Clerkships typically last one or two years, although some judges hire clerks to serve indefinite (permanent) terms.
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Availibility of Clerkships
In applying for a clerkship, it is important to consider which system, and at what level, you would like to clerk.
Federal Courts
Federal Appellate Courts: Each judge and senior judge on active status serving on each of the dozen federal circuit courts has two or three “elbow” clerks who work directly for the judge. In total, there are over 500 such clerkships nationwide. Federal appellate clerkships are the most difficult to obtain. Most, but not all, of the “feeder” judges who regularly send their clerks on to clerk for a second year at the U.S. Supreme Court work at the federal appellate level. In addition, every circuit has a central staff of court clerks or staff attorneys.
Federal Trial Courts: There are several hundred active district judges in the federal system. Most have two law clerks. Some federal district judges now hire law clerks for two-year terms.
Other Federal Courts: Federal magistrates and bankruptcy judges frequently hire clerks to assist them in their work. Federal magistrates handle pretrial matters in major federal litigation and also have original jurisdiction in certain criminal matters. Bankruptcy judges adjudicate a wide variety of bankruptcy and general commercial law disputes. The U.S. Court of Federal Claims handles claims against the U.S., and the Tax Court handles disputes with the IRS. The U.S. Court of Appeals for the federal Circuit handles patent cases and often deals with intellectual property matters.
The list below sets forth courts with federal clerkship opportunities:
• The U.S. Supreme Court
• Courts of Appeals (12 Circuits)
• Courts of Appeals for the Federal Circuit
• District Courts (including Magistrate and Bankruptcy)
• Court of International Trade
• Court of Federal Claims
• Military Courts (Appellate and Trial)
• Court of Veterans Appeals
• Tax Court
• Administrative Agencies (including, Immigration Court, Federal Trade Commission, National Labor Relations Board, Social Security Administration, and Equal Employment Opportunity Commission)
State courts
State Appellate Courts: Every state has a court of last resort. Many have one or more intermediate appellate courts. And some – like New York and California – have highly developed intermediate appellate systems. Most state Supreme Court justices and many intermediate appellate court judges have one or more clerks. Other intermediate appellate courts depend on a central legal staff to handle cases for all judges. Still other courts rely on both central staff clerks and “elbow” clerks. In Illinois, clerkships vary from district-to-district; for specific information, please read the CSO’s “A Guide to Illinois Appellate Court Judicial Clerkship Programs”.
State Trial Courts: Many states provide clerks to their trial court judges. In Illinois, again, the availability of state trial courts varies across districts.
The list below more specifically identifies courts with state clerkship opportunities (court names may vary from state to state):
• Supreme Court/Court of Last Resort)
• Courts of Appeal
• Trial CourtsvCourts of Limited Jurisdiction, including Tax Court and
• Worker’s Compensation
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Qualifications for Clerkships
Judges look at a wide range of criteria when selecting clerks. While academic credentials are obviously a factor, judges consider the whole person, including involvement in various law school activities, prior careers and geographic ties.
Eligibility
Any student interested in a federal court clerkship must be a U.S citizen, and must have completed the requirements for the J.D. degree by the time the clerkship is to commence. Non-U.S. citizens may be employed in federal courts in Puerto Rico, Guam, the Virgin Islands, the Northern Mariana Islands and Hawaii. Additional information is available at lawclerks.ao.uscourts.gov.
Academic Qualifications
Any eligible student or graduate may apply for a judicial clerkship. These positions, however, are highly competitive, and in general, the higher the court, the more selective the judge. The ultimate selection process is often arbitrary and judges often consider a wide variety of credentials in evaluating candidates, in addition to intellectual ability and strong writing skills. As such, students should assess their qualifications in light of the following factors:
• Grades
• Law Journal or Law Review
• Moot Court
• Record of public service
• Work experience, including judicial externships
• Leadership activities
• Interest and commitment to clerking
• Recommendations from faculty or practicing attorneys
Background and Credentials
Judges give considerable weight to academic records and to evidence of an applicant’s writing ability. As such, membership on law review can be a great advantage and, for some judges, it is virtually indispensable. If you are not on law review, you should seek other opportunities to develop and display your writing skills, including courses that require papers or briefs, or a position as a research assistant. It is also useful to publish an article in a law journal.
While the applicant’s academic record is a significant consideration, a transcript filled with all “A”s is not required except by a few competitive courts. Every year graduates with average academic records are successful in obtaining clerkships. Many judges pay particular attention to the character of their applicants, searching for candidates with maturity, integrity and judgment. Evidence of character can come from a range of sources including prior work experience, law school activities, advanced degrees, and/or a demonstrated commitment to social issues or public interest work. Many judges affirmatively encourage applications from women and minority candidates. Some judges, particularly those who sit on courts away from the major East and West Coast legal centers, look for candidates who are from the geographic area and/or interested in practicing in the community where the judge sits.
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Last Updated On: 6/26/07
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