Guide to Judicial Clerkships 2014-2015 1
Table of Contents What is a Clerkship?... 3 How Do I Decide if I Want to Clerk?... 3 How Do I Decide When to Clerk?... 4 What Types of Clerkships are Available?... 4 Would I Prefer a Federal Trial Court or an Appellate Court?... 5 What about State Courts?... 5 Other Courts or Administrative Bodies?... 5 What About Financial Considerations?... 5 How Do I Get References?... 6 Chapter 2: Application Process... 7 Warning... 7 Timing... 7 Where to Start... 7 Application Materials... 8 Cover letter... 8 Resume... 8 List of Recommenders... 9 Recommendation letters... 9 Transcripts... 9 Writing Sample and Cover Sheet... 9 Hiring Criteria... 9 The Interview... 10 Thank You Letters... 10 Offers... 10 If You Obtain a Clerkship... 10 Appendix A... 11 How to Address Judges... 11 Appendix B... 12 U.S. Court Composition... 12-12 2
Chapter 1: Judicial Clerkships: Preliminary Questions What is a Clerkship? A judicial clerkship is an opportunity to work directly for a judge. It often means working for a United States District Court Judge or Circuit Court of Appeals Judge but there are many other kinds of clerkships available. The position usually consists of working closely with a judge to assist with the judge s work by conducting legal research, drafting opinions, writing memoranda, and analyzing legal issues. Clerkships generally last for one or two years. Some judges only have one clerk but many have at least two. Judges typically place enormous reliance on the counsel of their clerks. Therefore, clerks have great responsibility and an unparalleled opportunity for learning. Judges are looking for smart lawyers capable of grasping and analyzing complex legal issues. All applicants who are invited to interview meet those qualifications. The hiring decision may then be based on common interests or compatible personalities. Judges want their teams to work collegially. How Do I Decide if I Want to Clerk? A judicial clerkship can be an amazing opportunity but it may not be right for every lawyer. It is best to look at the pros and cons before embarking on the search for a position. Pros Hone research and writing skills Form professional and personal relationships with a judge and other clerks and perhaps gain a mentor who can provide advice throughout your career Increase networking opportunities; depending on the court in which you clerk, you may be introduced to many local attorneys which could be especially valuable if you plan to practice in the same city in which you clerk Gain insight into the working of the legal system from the perspective of a judge; unless you become a judge, you may never again have an insider s view of how judges make decisions and how they respond to different methods of advocacy An enjoyable and intellectually stimulating interim job between law school and a longer term work commitment; most former clerks say that clerking was the most interesting job of their career Exposure to different areas of the law which can lead to a better informed career choice after the clerkship Add a respected credential to your resume which may increase your future marketability Cons May interfere with developing skills in an area more relevant to your interests 3
Delays entry into permanent legal positions; financial constraints may be an issue Can involve moving to another city which may be difficult depending on your situation How Do I Decide When to Clerk? Some students find it best to apply for a position beginning immediately after graduation from law school while others wait until after practicing law for a year or two or after completing a fellowship. Why Apply Sooner? It may be difficult to find a job at which to work for a year or two before beginning a clerkship. Some law firms will not look kindly on an associate leaving so soon. Some fellowships or other programs require a multi-year commitment so it would not be possible to participate in them if you are planning to clerk after a year Taking a position with a firm may involve moving to another city and taking a clerkship may involve moving again, most likely at your own expense Why Apply Later? Judges often appreciate (and some require) actual legal work experience You would have a more complete record of law school experience after completing all coursework, getting all grades, and participating in more activities More opportunities for professors and legal employers to get to know you before writing a letter of recommendation You may have a better understanding of why and where you want to clerk Higher salary with bar admission and a year or more of legal experience What Types of Clerkships are Available? U. S. Supreme Court. Students apply after they have obtained another clerkship, usually a federal appellate clerkship U.S. Court of Appeals U.S. District Courts, including bankruptcy and magistrate judges Special federal courts including Court of Federal Claims, Court of International Trade, Tax Court, and Court of Appeals for Veterans Claims. There are also positions with administrative law judges in some agencies; for example, immigration judges take clerks through the Executive Office for Immigration Review in the U.S. Department of Justice Attorney Honors Program. State supreme courts, intermediate appellate courts, and trial courts in some states 4
Would I Prefer a Federal Trial Court or an Appellate Court? While any judicial clerkship will involve research and writing memoranda, there are some differences in the experiences of clerking for a trial court or an appellate court. Trial court clerks are likely to attend trials, oral argument on motions, sentencings, jury charges, status conferences, and evidentiary hearings. Clerks may also be involved in case management which includes talking to counsel about scheduling, dealing with requests for extensions, responding to attorney telephone calls about case status and the judge s procedures, and setting hearing dates on the calendar. A trial court clerkship has been described as the ideal training for someone who wishes to be a litigator. Appellate court clerks draft opinions, summary orders, and voting memoranda; comment on and edit other clerks draft opinions; and cite check and proofread. Clerks also read briefs and transcripts; brief the judges on cases, individual issues, and recommended outcomes; help the judge prepare for oral argument; and attend oral argument. Judges may also assign other duties such as managing pro se litigant correspondence. A circuit court clerkship has been described as best for students who enjoy intellectual issues and who do not have a desire to litigate. What about State Courts? State courts often deal with a broader array of issues than federal courts and they can be stimulating environments in which to work. Also, because more of the legal arguments are made in person rather than on paper, there is a greater opportunity to observe a variety of litigation skills. Clerking in the state in which you intend to practice is also a good way to become familiar with their system. In Florida, there are clerkship opportunities with the Supreme Court of Florida and the five District Courts of Appeal. The trial courts may have externships available but generally do not have the funds for clerkships. Other Courts or Administrative Bodies? For a partial list of administrative bodies that hire clerks, see page 2 of Appendix B. If you have an interest in one of these specific areas, you may want to investigate a clerkship with an agency or specialized court. What About Financial Considerations? Judicial clerks are paid according to the Judicial Salary Plan (JSP) located at http://www.uscourts.gov/careers/compensation/judiciarysalaryplanpayrates.aspx. Most federal court clerks are paid at the JSP-11/step 1 level. The pay rate at that level varies by location but is generally around $60,000 per year. State court salaries are usually somewhat lower. 5
How Do I Get References? Individuals providing references for clerkship applicants are called recommenders. You will want professors and people for whom you have done legal work to be your recommenders. It is typical to ask for recommendations from three or four law professors. Clinical and legal writing professors are also good choices. If you are a transfer student, you can rely on professors at your prior law school for recommendations but, if you can develop relationships with UF professors in time to request a recommendation, that would be beneficial. Recommendations from nonlawyers, or lawyers who know you only on a personal basis, are typically not helpful. When asking a professor to write a letter of recommendation, you should provide the professor with a copy of your resume, transcript, and writing sample. Remind the professor which of their classes you took and your grades in those classes. Ask the professor if they would be able to write a positive and specific letter. If you do not think the professor knows you well enough, offer to provide additional information about your background and any special circumstances that should be referred to in the letter of recommendation. Some students prefer to send an e-mail to a professor initially to ask for a recommendation letter. If you do this but do not receive as response, do not assume that silence means a refusal. Follow up in person or by telephone. If a professor appears willing but less than enthusiastic about doing this for you, you may wish to reconsider using that person as a recommender. A generic letter from a professor may be considered a negative by the judge to whom you are applying for a clerkship. 6
Chapter 2: Application Process Warning Only apply to judges from whom you would accept an offer. Do your research to determine with which judges you may be compatible and learn about their selection process. Find out about their work styles, the type and extent of interaction they have with their clerks, and the extent to which they rely on their clerks. Their political philosophy may matter to you also so you may want to take that into consideration. Once an offer is made, you may have no time to think it over. If you are lucky, you will have 24 hours. Do not apply unless you sincerely want the position. Timing For several years, there was a Federal Law Clerk Hiring Plan used by the Online System for Clerkship Application and Review (OSCAR) under which there were specific dates for the first day applications could be received, the first day judges could contact an applicant, and the first day judges could hold interviews and extend offers. These dates were primarily in September of a student s third year of law school. Effective in January 2014, the Plan has been discontinued by OSCAR. Most judges are still using OSCAR to post vacancies and accept applications. Some judges have continued to use the old schedule but many have moved up the dates. Some are accepting applications as early as January of your 2L year for clerkships that begin the Fall after you graduate. State courts were never part of the Hiring Plan and so have no set schedule. In Florida, they tend to hire later in the year, sometimes just a couple of months before the clerkship begins. Remember that clerkships sometimes open up unexpectedly so watch for out-of-cycle postings particularly with newly confirmed judges. Where to Start OSCAR is still the primary vehicle used to apply for federal judicial clerkships. You can review their resources at https://oscar.uscourts.gov/applicant/resources. It is not, however, mandatory that all judges use OSCAR so you will need to research the judges that interest you and find out if they prefer to accept applications online, by e-mail, or on paper. Only use one format to submit your documents for each judge. For example, if you apply online, do not follow up by sending paper copies. Other clerkship opportunities are posted on Symplicity or on state court sites such as the Florida Courts website at www.flcourts.org. There is a Florida State Courts Law Clerk Resume Repository through which the courts hire law clerks. You can register at http://lawclerk.flcourts.org. 7
In addition, the Guide to State Judicial Clerkships produced by Vermont Law School contains information on types of state clerkships, contact information, and application requirements. The logon page for that guide is located at http://forms.vermont.law.edu/career/guides. The username and password are changed every year in July. As of July 2014, the username is white and the password is pine. Application Materials For federal clerkships, judges will indicate in OSCAR what materials they want to see as part of an application. If the judge is not listed in OSCAR, contact the Career Development office or the judge s chambers for more information. The basic application materials typically include the following: Cover letter The cover letter should be addressed to the specific judge to whom you are applying and should be no more than one page long. State that you are a student at the University of Florida Levin College of Law, that you wish to apply for a clerkship for a specific year, and the year in which you will graduate. Briefly state your best arguments as to why the judge should hire you. Emphasis on research, writing, analytical ability, and intellectual curiosity is always fine but also try to include something specific about that court or that judge that interests you. Include the names of people who will be providing letters of recommendation. It may seem redundant to put their names in the letter even though you will be providing a list on a separate page but it is appropriate Sign your letters Respectfully rather than Sincerely. A chart of how to address judges in your cover letter is included in Appendix A of this Guide. Make sure your letter is clear, concise, and does not contain any spelling or grammatical errors. Errors in a cover letter indicate that you do not consider this important enough to make sure it is perfect and that you may approach all of your work that way. Have someone else proofread all of your documents because it is hard to find your own mistakes. Print your letters on bond paper. Resume The rules that apply to all resumes apply here. Do not go over one page unless you have significant professional experience that is relevant. Make sure to include your contact information in the heading. Most importantly, make sure it is error free. Print your resume on the same bond paper as your cover letters. 8
List of Recommenders Create a list of individuals who will be sending letters of recommendation. Make sure they have all agreed to recommend you. Include each person s name, full title, place of employment, telephone number, and e-mail address, if available. Print the list on bond paper. Recommendation letters Most judges request three letters of recommendation. At least one, and preferable two, should be from law school faculty. A letter from a past legal employer is acceptable. Letters from undergraduate professors or non-legal employers are generally not helpful because these people cannot comment on your legal reasoning or writing. Transcripts An unofficial transcript is usually all that is needed at this point. If a judge wants an official transcript or an undergraduate transcript, that information will be included on OSCAR or any other posting of the position. For security reasons, be sure to delete your date of birth from the transcript. Writing Sample and Cover Sheet The sample should be between 8 and 12 pages and should have a cover sheet (not cover letter) with your contact information. It is fine to use an excerpt from a longer piece. If you use an excerpt, be sure to put information about the context on your cover sheet. If you are using a journal note, make certain it is the version you submitted prior to staff edits. The judge wants to see your own work. If you use something prepared for an employer as your writing sample, you must first contact the employer and obtain permission. On your cover sheet, explain that the piece was written for an employer and that you have permission to use it for this purpose. Make any redactions requested by the employer. The judge will understand the need for confidentiality. Hiring Criteria The clerkship process is very competitive but do not let that stop you from applying if you meet the qualifications. Research the judges selection criteria and preferences. Talk to former clerks about what a specific judge looks for. Judges will be looking at your academic record and at evidence of your ability to think, reason, and articulate your thoughts. They will also look at your organizational abilities because you may be called on to work on multiple projects at one time. You need to show you can work well under pressure and get assignments done on time. Be flexible about geographical location. An opportunity like this is worth moving for. 9
The Interview Strong recommendations and excellent grades may get you an interview. Most judges will require the interview to be in person at your expense. In an interview, the judge is primarily interested in determining whether you are the kind of person with whom they would work well. Some judges may grill you on your substantive knowledge of the law or otherwise engage you on some intellectual topic. Be prepared to talk intelligently about your courses and why you selected them, about the topics of your seminar papers or journal note, about the substance of your past work or academic experience, and about your plans for the future. Familiarity with the judge s major opinions and with the types of legal issues that most frequently arise in the judge s court is helpful. The judge may ask why you applied to them specifically. Thank You Letters It is always good form to send a prompt thank you letter after an interview. As with any employer, a thank you letter underscores your interest in the job and serves to remind the judge of your application. Any correspondence must be error free. Offers One of the most difficult things for students to accept about the clerkship process is that you do not have the freedom to gather multiple clerkship offers and then decide which one to accept. If, at any point, you decide that you would not ultimately accept an offer from a certain judge, you must notify the judge s office immediately. Once a judge makes an offer of a clerkship, you are essentially bound to accept it and notify any other judges with whom you have applications pending that you are withdrawing those applications. If You Obtain a Clerkship You should write to your judge to accept the offer formally, even after accepting verbally. The letter can be short and to the point. Please let the Center for Career Development know when you obtain a clerkship. We will be so excited for you because it is a tremendous accomplishment. 10
Appendix A How to Address Judges Addressee Form of Address Salutation Chief Judge Hon. Mary J. Smith Dear Chief Judge Smith: Federal or State Chief Judge Judge Hon. David H. Jones Dear Judge Jones: Federal or State Senior Judge Hon. Susan D. White Dear Judge White: Federal or State Senior Judge Chief Justice Hon. Jack Baker Dear Judge Baker: State Supreme Court Chief Justice State Appeals Court Justice Hon. Kathy Brown Dear Judge Brown: State Supreme Court Associate Justice State Appeals Court Federal Magistrate or Hon. Michael Gray Dear Judge Gray: Bankruptcy Judge United States Magistrate Judge 11
Appendix B U.S. Court Composition District of Columbia First Circuit (Boston) Maine Massachusetts New Hampshire Puerto Rico Rhode Island Second Circuit (New York City) Connecticut New York Vermont Third Circuit (Philadelphia) Delaware New Jersey Pennsylvania Virgin Islands Fourth Circuit (Richmond) Maryland North Carolina South Carolina Virginia West Virginia Fifth Circuit (New Orleans) Louisiana Mississippi Texas Sixth Circuit (Cincinnati) Kentucky Michigan Ohio Tennessee 12 Seventh Circuit (Chicago) Illinois Indiana Wisconsin Eighth Circuit (St. Louis) Arkansas Iowa Minnesota Missouri Nebraska North Dakota South Dakota Ninth Circuit (San Francisco) Alaska Arizona California Guam Hawaii Idaho Montana Nevada Northern Mariana Islands Oregon Washington Tenth Circuit (Denver) Colorado Kansas New Mexico Oklahoma Utah Wyoming Eleventh Circuit (Atlanta) Alabama Florida Georgia
Federal Circuit (Washington) Courts Court of Appeals for Veterans Claims Court of Federal Claims Court of International Trade Tax Court Bankruptcy Court (in each circuit) Administrative Agencies Armed Services Board of Contract Appeals Board of Patent Appeals and Interferences Bureau of Justice Assistance Civilian Board of Contract Appeals International Trade Commission Merit Systems Protection Board Office of Compliance Personnel Appeals Board Trademark Trial and Appeal Board 13