CHARTING A COURSE FOR SUCCESS : JUDICIAL CLERKSHIPS

STEP 1 - GENERAL CLERKSHIP INFORMATION

Benefits of Clerking

Judicial clerkships are available at both the federal and state levels. Working as a judicial clerk after graduation is a unique and exciting way to strengthen your research and writing skills and gain insight into the judicial process. As a judicial clerk to a sitting judge, you will have the opportunity to participate in the development of the law, observe the various styles, strengths, and weaknesses that attorneys bring to the court setting, and develop a close and long-lasting relationship with the judge for whom you clerk. Many clerks develop a mentor/mentee relationship with their judge which lasts long after the clerkship ends. Former judicial clerks have noted that the experience enabled them to hone their legal skills, provided an appropriate transition between the rigors of law school and the demands of law practice, and bolstered the strength of their candidacy for post-clerkship positions. Generally, legal employers hold judicial clerkships in the highest regards. Therefore, your marketability will likely improve as a result of your clerkship.

While the rewards of a judicial clerkship are many, the quest to secure one can be long and hard. Before you expend the large amount of effort necessary to secure a clerkship, you should first realistically assess your chances of success. Most courts and judges place significant emphasis on class rank. In addition, judges place great weight upon students' achievements in extracurricular activities including law review and moot court, in addition to participation in clinical programs and internships. Work experience—an advantage of students enrolled at Suffolk Law School—has been accorded great weight by numerous judges.

Responsibilities of a Judicial Clerk

The primary duties of a judicial clerk involve assisting a judge with a variety of tasks including:

• Conducting legal research
• Drafting opinions
• Editing
• Writing memoranda
• Analyzing legal issues
• Performing cite checks

Judicial clerks working in both the federal and state courts may share the same primary responsibilities; however, there are significant differences between the duties of a trial court clerk and those of an appellate court clerk. Much of the work of a trial court clerk relates to the litigation process (e.g., observing courtroom procedure, learning the basics of motions practice). In contrast, an appellate court clerk's function may be more academic in nature since it involves addressing more complicated legal issues (e.g., reviewing appellate briefs, assessing the merits of appellate arguments).

Trial Court Clerk Functions

• Conduct research
• Prepare memoranda
• Attend oral arguments
• Draft opinions and orders
• Write jury instructions
• Assist judge during trials
• Interact with attorneys and witnesses

Appellate Court Clerk Functions

• Draft dissents, concurrences, and rulings on petitions for rehearing cases
• Draft memoranda summarizing parties' briefs
• Assist judge/sit in on oral arguments
• Perform legal research and in-depth analysis
• Draft opinions

Courts and Judges

State Courts

The Career Development Office has information on the state courts that hire clerks. This information is available in the "State Judicial Clerkship" binder. Applications for most state-level clerkships are due the September of your last year of law school; however, some courts may have earlier deadlines. In Massachusetts, the Supreme Judicial Court, Court of Appeals, Superior Court, Family and Probate Court, and Land Court, usually have September deadlines. We strongly encourage students to apply to courts outside of Massachusetts, as well. Check the "State Judicial Clerkship" binder or the Guide to State Judicial Clerkships (ID and password available in the CDO) for information on other state court clerkship application procedures and deadlines. We also recommend that you attend a Career Development Office program on the topic of Judicial Clerkships. These programs are held in both the fall and the spring.

The American Bench is an invaluable source of biographical information and addresses for judges on the state level. An additional publication, the Directory of State Court Clerks & County Courthouses, provides information on the structure of each state’s court system, including courthouse addresses.  A good resource for a listing of Massachusetts state judges is The Legal Pages – Massachusetts Edition, which is updated annually.

Federal Courts

The federal district courts and courts of appeal provide approximately 1,000 clerkships per year. There are significant benefits to be derived from working in these courts throughout the country. A federal clerkship greatly enhances your marketability everywhere and serves as an equalizer in your ability to compete with graduates of the most prestigious law schools. Obtaining a federal court clerkship is a very competitive process and typically requires at least a top 10% class standing.

If you are interested in applying for a federal judicial clerkship, you must apply by early fall of your final year of law school. Please check with the CDO staff about specific deadlines because some federal judges may accept applications earlier. For more information, you should also access the Federal Law Clerk Information System at https://lawclerks.ao.uscourts.gov, the Federal Judges Law Clerk Hiring Plan at www.cadc.uscourts.gov/lawclerk, and OSCAR (Online System for Clerkship Application and Review) at http://www.dcd.uscourts.gov/OSCAR.html. OSCAR is a pilot program permitting applicants to electronically file their federal clerkship application materials with participating judges. Again, in order not to miss any important deadlines, a meeting with a career counselor is highly recommended.

We suggest applying to many judges on the federal level. Suffolk students who have succeeded in securing federal clerkships submitted numerous applications around the country. As a general proposition, your chances for serious consideration increase with courts away from Boston and the Northeast. This should not discourage you from applying to courts in Boston, New York, and Washington, D.C., but your federal clerkship search should include places in other parts of the country where you would enjoy living. Recent graduates have secured federal clerkships in Arizona, Florida, New York, Ohio, Oregon, Pennsylvania, Texas, Virginia, and Washington.

Next Steps

For more information on clerkships, refer to JUDICIAL CLERKSHIPS, Step 2 – Building Your Resume for a Judicial Clerkship; and JUDICIAL CLERKSHIPS, Step 3 – The Application Process.