- TIP -
Alumni Mentors
The Judicial Clerkship Alumni Survey Database
provides feedback from alumni who have clerked with federal judges, state judges/justices, and administrative law judges around the country.
Judicial Clerkships: Overview
A judicial clerkship is a post-graduate position (usually for one or two years) in which the clerk assists a judge or court with their caseload. Although duties vary by judge, a judicial clerk's typical duties include conducting legal research, assisting in the drafting of opinions, preparing bench memoranda, advising the judge on the resolutions of motions, assisting the judge during trials and other hearings, and directly handling inquiries from litigants. Judicial clerks are also often responsible for other clerical and administrative tasks.
A judicial clerkship is a unique opportunity to work closely with a member of the judiciary and enhance your legal writing and research skills. Clerks gain valuable knowledge about courtroom procedures and the decision-making that occurs within chambers. Many private and public sector employers recognize the value of a clerkship and prefer applicants that have this experience. Additionally, clerks and judges often form close personal relationships that lead to long-term friendships and mentoring.
Types of Positions
Clerkships are typically positions for a specific judge. Because these positions involve working in a particular judge's chambers on a daily basis and assisting the judge with his or her caseload, the positions are commonly referred to elbow law clerks or personal law clerks. While these clerks comprise a large percentage of the available positions, the other types of positions explained below should not be overlooked.
Staff or Research Attorney
Staff or research attorneys work for the court as a whole, not individual judges. These positions are most common in state and federal appellate courts. Although some courts only hire experienced attorneys for these positions, many courts (such as the New York Court of Appeals, Ninth Circuit, and Second Circuit) hire recent law school graduates. These positions vary by court. Staff attorneys are often responsible for researching and drafting bench memoranda for substantive motions heard by panels of judges and pro se appeals, along with administrative duties such as reviewing correspondence. Staff attorney positions are usually for a one- or two-year term, but can also be renewable for a longer period.Pro se Clerk
A pro se clerk is a type of staff attorney position common in the federal district courts. These clerks usually work within the staff attorney office or a separate office and handle pro se matters such as civil rights complaints, prisoner habeas corpus petitions, employment discrimination complaints, social security disability appeals, and other cases in which the plaintiff is not represented by an attorney. They are typically responsible for screening the court's pro se cases and determining which cases do not have merit. Typical duties include drafting proposed sua sponte dismissals (initiated by the court), researching and drafting advisory memoranda, and serving as the court liaison with litigants. Candidates with a public interest background or strong interest in constitutional law are often preferred. As with other clerkships, these positions can be either term or permanent positions.Senior Judges' Clerk or Pool Clerk
In some courts, judges collectively hire clerks to work for all of the judges or a group of judges, rather than each judge hiring his/her own clerk. For example, at D.C. Superior Court, two or three clerks, usually referred to as "senior judges' clerks", are hired to work for a group of senior judges. The judges within Connecticut Superior Court also employ a group of clerks, usually referred to as "pool clerks", to work for the court as a whole. Typically, these clerks have more personal contact with the individual judges than staff attorneys. Because the judges (whether senior or active) rely exclusively on these clerks to perform duties in chambers, these clerks usually have the same responsibilities as elbow law clerks and are exposed to the decision-making process within several judges' chambers.Career or Permanent Clerk
Some judges and courts hire "career" or "permanent" clerks for an indefinite period of time. Often these positions are filled by attorneys with several years of experience, but career positions exist for recent graduates as well. Although these positions are difficult to identify, you can specifically search on the Federal Law Clerk Information System for "career" clerkships and some court websites (such as the California state court system website) list available positions.Temporary Clerk
There are several categories of positions that are referred to as "temporary" clerks. If a current clerk leaves during the term due to personal reasons, the judge or court will hire a "temporary" law clerk for the remainder of the term. Additionally, a "temporary" law clerk is a distinct type of position within the federal judiciary that is defined as an appointment approved by the circuit judicial council with a specific termination date. Although this type of temporary law clerk has the same duties as an elbow law clerk, clerks in these positions for one year or less are usually not eligible for health and life insurance.
Trial and Appellate Court Clerkships
Trial Court Clerkships
These clerks are involved in the decision-making process through all stages of litigation. Clerks are actively involved in resolving discovery disputes, conducting pre-trial and status conferences, rendering opinions for dispositive and other pre-trial motions, facilitating settlement negotiations, handling cases through trial, and more. These clerks have frequent contact with litigants, constant exposure to courtroom proceedings, and often juggle tasks for numerous cases within a normal day. Although trial court clerks spend time researching and drafting opinions, these opinions are more informal and less lengthy than appellate court opinions as a result of the time-sensitive nature of the trial court's decisions and the court's other case management responsibilities.Appellate Court Clerkships
These clerkships are more academic and focused on researching and drafting formal opinions. Clerks spend the majority of their time in chambers or the court's library reviewing the trial court record and researching and analyzing the legal issues on appeal. On a periodic basis these clerks have the opportunity to observe oral arguments before a panel of judges. Appellate court clerks are expected to spend more time on a fewer number of cases and therefore these clerkships are less hectic and hurried than trial court clerkships. Appellate court clerks have little or no contact with the litigants, but have frequent contact with the other judges and clerks as opinions are circulated and discussed. As a result, these clerks witness and participate in the court's collective decision-making process while advising his or her judge on the merits of draft opinions.
Judicial Clerkship Timeline
The following are suggestions for increasing your chance for securing a judicial clerkship.
FIRST YEAR | |
| Fall Semester |
|
| Winter Break |
|
| Spring Semester |
|
| Summer Break |
|
SECOND YEAR | |
| Fall Semester |
|
| Winter Break |
|
| Spring Semester |
|
| Summer Break |
|
THIRD YEAR | |
| Fall Semester |
|
| Winter Break |
|
| Spring Semester |
|
| Summer Break |
|
