JUDICIAL CLERKSHIPS

Judges (and clerks alike), view a clerkship as a wonderful mentoring opportunity and a unique way for new lawyers to observe the “behind the scenes” operations of a court.

An Introduction to Judicial Clerkships

What is a Judicial Clerkship?

Many judges in a myriad of courts use judicial clerks, including state and federal appellate courts, state and federal trial courts, tax court, bankruptcy court, the Court of Claims, and so on. State and federal appellate judges, and federal trial court judges, primarily use clerks as assistants to perform extensive legal research, and to draft opinions and memoranda. Judges (and clerks alike), view a clerkship as a wonderful mentoring opportunity and a unique way for new lawyers to observe the “behind the scenes” operations of a court.

There are typically three basic types of clerkships: term, career, and temporary. Most federal courts and state appellate courts use a combination of all three. Usually, term clerkships run from one to two years, and are filled by new law school graduates. Career clerks are usually lawyers who wish to continue on in a clerkship, or who leave private practice after a few years to work permanently for a judge. Temporary clerkships arise when, for a variety of reasons, a judge’s clerk leaves his or her term early, and the judge needs to fill the position until a replacement is found.

What Kinds of Things Does a Judicial Clerk Do?

Most federal court clerks (both at the trial and appellate levels), spend the bulk of their time assisting the judge by performing legal research and writing, verifying citations, and drafting of bench memoranda, orders, and opinions. Some judges also have clerks assist attorneys with procedural issues, maintain the court or chambers’ law library, assist in the courtroom, and perform other assorted administrative tasks. This is true for state appellate court clerks as well. Usually clerks are allowed to observe courtroom proceedings involving cases they are working on. Judicial clerks in state trial courts rarely do research and writing, however, and spend most of their time in the courtroom observing proceedings, swearing in jurors and witnesses, assisting during trial with evidence and exhibits, performing “spot” legal research, and performing other administrative duties.

What is the Application Process?

Qualifications: Judges are independently elected or appointed officials who decide as individuals how to hire their clerks, and what qualifications they will seek. However, there are some standard qualifications the vast majority of judges look for: Class rank in the top 25% (this is a general rule of thumb); U.S. citizens or eligible to work in the federal government; and very strong research and writing skills (most judges look for law review and/or moot court experience).

Timelines for Hiring: It is extremely important to research the hiring timelines of the individual judges you are applying to, and there are resources that can help you. Know that some judges’s hiring timelines can vary substantially from those described below. However, the general timelines are as follows:

State Trial Courts: These courts generally hire 3rd year students in the final semester of law school to start in the fall after the bar exam; another popular hiring time is right after the bar exam results are published.

State Appellate Courts: State appellate courts (supreme and courts of appeal) generally seek applications from students in the second semester of their second year in law school.

Federal Courts: Most federal judges follow the Federal Law Clerk Hiring Timeline, which specifies that hiring will take place no sooner than fall of a student's 3L year. However, some judges do not hire according to this plan and may hire earlier.

Who to Apply To: It is extremely important to carefully research the judges you are applying to. Most judges want clerks who are interested in the geographic area in which the court is located.

Materials: Always pay attention to the application materials requested by the particular judge. Not all judges will request the same materials. However, for any clerkship, most judges will require the following: cover letter, resume, transcript (unofficial unless an official one is asked for), writing sample of 5-10 pages maximum, and three letters of reference.

What Resources Are There to Help Me?

Career Services Materials. It is critical that you conduct thorough research on each and every judge that you are considering. Career Services has research materials (including the web links to the right), books, directories, and biographical information on local judges to help you begin your research. You may also obtain a copy of the Career Services Judicial Clerkship Manual that contains valuable overview information, sample cover letters and interviewing tips.

Career Services Programming. One of the most popular programs offered is the annual Breakfast with Judges, which brings 30-40 judges and their judicial clerks to campus each fall for an informal breakfast with students. In the spring, Career Services offers a variety of colloquia focusing on judicial clerkships. These programs typically include an overview panel, with judicial clerks from various courts talking about the day-to-day duties of a clerk; a presentation by judges and justices of the Oregon appellate courts to overview clerking opportunities with the courts; and a faculty judicial clerkship forum, featuring faculty members who are former federal judicial clerks speaking to students in small groups and offering tips on applying for federal clerkships.

Career Services Counseling. The Assistant Dean and Director are available for individual appointments to discuss your clerkship questions and goals. They can refer you to alumni or judges, review application materials and assist with locating appropriate research materials.

Alumni Clerks/Student Externs and Alumni Judges. Most alumni who served as judicial clerks, and those who now serve as judges, are happy to talk to students about their experiences, and about what is expected of a law clerk. Contact Career Services for additional information and contact ideas.