Clerking for a judge is one of the smartest career moves you can make as a law graduate. But don't assume that the only clerkships available are in the highly competitive and much-discussed federal courts. While federal clerkships get a lot of attention, law students who overlook pursuing state court clerkships are missing a huge opportunity.
Not only do clerkships with state court judges provide valuable work experience, but there are vastly more of them than at the federal level. And the application process is generally much more open and flexible.
"State court clerkships are available more broadly to a greater number of law students," says Debra Strauss, author of Behind the Bench: The Guide to Judicial Clerkships. Strauss cites numbers to illustrate her point: The federal courts have approximately 500 clerkships for the U.S. courts of appeals and 1,200 for the district (trial) courts, while state courts offer clerkships in the thousands.
Indeed, with more than 16,000 state trial courts, plus state appellate courts, specialty courts (family, criminal, etc.), and supreme courts, there are literally tens of thousands of possibilities for starting your legal career with a judicial clerkship.
So if you've never considered state court clerkships, the following answers to frequently asked questions might spark your interest in exploring them now.
Why should I clerk for a state court judge?
When law students think about state court clerkships, many tend
to ask this age-old question: "Which is more prestigious? A federal or
state court clerkship?"
While a federal clerkship may make you more marketable to a relatively small group of legal employers (think large national law firms), state court clerkships provide most, if not all, of the benefits of clerking for a federal judge and are just as highly regarded by most legal employers.
"State court clerkships are generally less competitive to obtain than clerkships for the federal courts, but, depending on the court, they can be quite prestigious," Strauss says. "This is especially true of the highest courts of most states, many of which are so highly regarded that their reputation and recognition factor extends beyond the local or regional area.
"As a career step," she continues, "while federal clerkships have more universal marketability to carry with you to any locale, state court clerkships are most beneficial if you know you want to practice law in [a particular] state."
Moreover, according to legal career counselors, the prestige question is the wrong question. The right one, they agree, is: "Will clerking for a state court judge be a valuable experience?"
The answer? Beyond a reasonable doubt.
Like federal clerkships, Strauss says, "state court clerkships provide an excellent opportunity to learn state law, observe local rules and procedures, and develop contacts with local judges, attorneys, and court staff."
The legal training alone is worth it, lawyers agree.
"It would be hard to match the value of a state court clerkship for training-it's an excellent way to start learning a specific jurisdiction's law," says David Camp, a lawyer at Stone, Leyton & Gershman in St. Louis who clerked for Missouri Supreme Court Justice Richard Teitelman. "I think of clerking as similar to a medical student's residency-a practical application of the knowledge and skills learned in law school, but with an expert's supervision."
Clerkships also offer a unique opportunity to view behind-the-scenes legal proceedings and to see the law from the judge's perspective.
"It's fascinating to witness the thought process that a judge goes through in analyzing a case and writing an opinion," says Stephanie Mandell, a graduate of Boston's Northeastern University School of Law who clerks for Judge Gordon Doerfer on the Massachusetts Court of Appeals.
In addition to the professional experience, the professional contacts you make while clerking can aid future job searches.
"When you're looking for a job after your clerkship, you will be a known commodity in the local legal community," says Ellen Jones, director of career services at Lewis & Clark Law School in Portland, Ore. "Judges also become very close to their judicial clerks, often forming lifetime friendships with them and doing everything they can to help the clerk get a job after the clerkship."
Compared with federal court clerkships, state court clerkships have unique benefits.
"At the appellate level, state courts provide a unique opportunity to shape the law of that state," Strauss explains. "Many states do not have a large body of state law, so judges and their clerks are often presented with matters of first impression. Moreover, unlike the federal courts of appeals, the decisions rendered by the top state court carry almost absolute finality, since review by the U.S. Supreme Court of state cases is exceedingly rare."
Becoming familiar with state law-and even helping to shape it-makes you even more marketable to prospective employers.
"For graduates planning to remain in the state following their clerkship, it's a real selling point to a future employer that you've had such in-depth experience researching state law," Jones says.
What do state court clerks do?
State appellate clerkships usually involve research, preparation
of issue or case summaries in advance of oral argument, observing oral
arguments and discussing the case with the judge, drafting of various
internal court documents, and even drafting portions of the judges' opinions.
Like supreme and appellate court clerkships, state trial court clerks also enjoy hands-on experience. When Michael Wilder, a 2006 graduate of Chicago-Kent College of Law, spent his 1L summer clerking for Judge Diane Larsen of the Circuit Court of Cook County, Ill., he observed courtroom proceedings and settlement conferences, helped in deliberations with the judge, did research, and drafted court documents.
According to Camp, whatever type of state court judge you clerk for, working closely with the judge is the most valuable aspect. "Most judges prefer to work through issues with their clerks as a team," he says. "This allows the clerk to play an important role in the outcome of the case, while learning how a judge reasons through problems."
What's the pay like? Can I afford to clerk?
State clerkship salaries vary from state to state, though they
tend to fall in the $40,000-$55,000 annual range. (State appellate clerkship
salaries may be higher than state trial court salaries.) Depending on
the geographic location, clerkship pay may be comparable to the entry-level
salaries paid by smaller law firms and government agencies.
But even if your clerkship salary is lower than what you would earn in the private sector, the long-term professional, personal, and financial benefits of clerking far outweigh any short-term financial sacrifice.
"Judicial clerks go on to prestigious and rewarding careers in the private, public, and nonprofit sectors," Jones says. "A clerkship may open a door and provide a job opportunity that would otherwise not be available."
To help make a clerkship a financially feasible option, see if your law school offers loan repayment assistance programs for judicial clerkships and visit your school's financial aid office for advice on budgeting, financial planning, debt management, and other strategies for keeping your debt to a minimum.
Is it too late to apply?
Unlike federal courts, which coordinate hiring timelines, there
is no uniformity in state court hiring. The good news is that it's impossible
to miss one key deadline. Of course, that also means you have to monitor
and meet multiple deadlines on an ongoing basis.
For example, while some state appellate courts hire postgraduate clerks in the spring semester of their 2L year, others hire as early as the fall of the 2L year or as late as the 3L year. State trial court judges typically hire clerks during the spring of the 3L year or after graduation, but some have an earlier timeframe.
Given the wide array of deadlines, it helps to start the application process early. "Even 1Ls can begin researching the hiring practices and timelines for those states in which they would consider a clerkship to make sure they don't miss an early deadline," Jones advises. "2Ls and 3Ls should also be conducting research on court hiring timelines and judges of interest."
That said, clerkships may still be available even if you didn't start early. Even 3Ls and part-time 4Ls who are interested in a clerkship but haven't yet started the application process may still find clerkship opportunities available.
"If you missed a particular court's deadline, talk with your career services office about last-minute openings with the court," Jones recommends. "Sometimes there are unexpected openings, and you want to get information about how these positions are typically advertised."
In addition, talk to your professors, law school alumni, career services staff, and your current and former law-related employers about your interest in clerking. When off-cycle hiring or last-minute openings occur, judges often hire through the grapevine and will tell their networks about the clerkship opening.
How can I learn about clerkship opportunities?
Although there are tens of thousands of state court clerkships,
a few key resources can help you pinpoint the ones of greatest interest
to you.
The best way to streamline your search is to pay a visit to your career services office and ask the advisers there to help you identify resources and determine where you want to apply.
In addition to directing you to guides such as those listed in "State Court Clerkship Resources" at right, your career advisers can review your application materials, help you target which judges to apply to, connect you with alumni who are current and former clerks for informational interviews and advice, and generally offer guidance and support throughout the application process.
Another way to learn about clerkships firsthand is to do a judicial externship-a school-year stint in a judge's chambers, for which you can often receive academic credit.
"Academic semester or summer externships can be a terrific way to try out a particular type of judicial clerking experience to see if it is a good fit for your interests and skills," Jones says. "If you later decide to apply for a postgrad judicial clerkship, an externship will signal that you already have experience working for a judge and are familiar with the protocols and procedures." Your career services adviser can educate you about the types of externships that are available and the extern application process.
What does the application process involve?
Applying for a clerkship typically requires two steps: submitting
an application packet and interviewing with the judge.
Application requirements can vary among judges, so it pays to verify them with each judge's chambers. Generally, though, your clerkship packet should include a law school transcript, résumé, cover letter, writing sample, and two or three letters of recommendation.
According to Gurpreet Singh, affirmative action officer for the New Jersey Judiciary, these materials should emphasize your research, writing, analytical, and communication skills, as well as leadership experience, integrity, good judgment, and ability to work well with others.
In addition to highlighting these attributes, your cover letter should convey your personality and enthusiasm.
"Tell the judge who you are and why your skills and experience will make you a valuable asset to his or her chambers," Singh says. "Do not focus on what an honor a clerkship would be, or how you will benefit from the experience. Keep the focus on how you can be of service to them."
Better yet, whenever possible, include why you're interested in clerking for that judge in particular, or in that particular court or state.
Your writing sample should be seven to 10 pages long (an excerpt from a longer document is OK), error-free, and demonstrate excellent research, writing, and analytical skills. The ideal writing samples will come from one of your legal jobs or internships (ask your employer's permission first), a law review or journal article, or a moot court competition brief.
But even if you look good "on paper," the interview can be the most important part of the law clerk selection process.
"Judges are looking for a personality match and whether the applicant will fit in with his or her staff," Singh says. "Because the judge's chambers are so small, the judge is assessing whether you can work independently and as part of a team." She adds that judges appreciate applicants who have strong skills in time management, organization, judgment, and decision making.
Not only should you be prepared to talk enthusiastically about your academic and work experience, but you should also conduct background research on the judge and be ready to ask intelligent questions.
Just as it's important to be prepared, it's important to be relaxed. "Be yourself, be friendly, and be confident," advises Wilder, the 2006 Chicago-Kent graduate. "Intelligence coupled with a friendly smile will go a long way."
How can I be a competitive applicant?
As with application deadlines, the degree of competitiveness
varies from court to court, and different judges emphasize different criteria
when evaluating prospective clerks.
Translation: It's not just about grades and law review.
"If you think your school, grades, or career plans preclude you from a judicial clerkship, it's time for a reality check," Jones says. "Although good grades and membership on law review always help, they may not carry the same weight in the state clerkship application process as they would for a federal court clerkship. In fact, some state trial court judges may never ask for your transcript."
To be a competitive applicant, keep in mind what most judges are looking for: strong legal research, writing, and communication skills, the ability to multitask and work effectively in a fast-paced environment, and someone who would be a pleasure to work with in close quarters.
"My staff consists of my secretary and law clerk," says New Jersey Superior Court Judge Jose Fuentes. "When evaluating clerks, I'm looking for common sense, a sense of humor, a strong work ethic, and good chemistry. Through interviews I try to get a sense of the person. Are they a thinking person? What is it about the law that interests them? Do they have interests outside of the law?"
Prior experience-both professional and personal-also matter to most judges.
"In the family division, having some life experience, especially prior real- world employment experience, is very helpful," says Florida Circuit Judge Jerald Bagley. "You're going to witness trials and tribulations in family court-marriage dissolutions, juvenile issues, etc.-so it helps to have an appreciation for people who are suffering. Book smarts are nice, but it's also important to have good judgment and a sense of equity."
How else can you stand out from the crowd? "Highlight unique aspects about you, law-related or not," Fuentes recommends. "I recently hired a clerk who served in the Peace Corps. It wasn't legal experience, but it showed a strong work ethic and sense of commitment."
California Superior Court Judge Tomar Mason adds another bit of advice: "Having good references from someone the judge will trust goes a long way," she says.
An often overlooked way to get a leg up is to get to know judges before you ever apply for a clerkship.
"Meeting and getting to know a state court judge is easier than it sounds-many are normally open to informational interviews," Camp says.
If the thought of cold calling a judge for an informational interview sounds daunting, visit your career counselors first. They can coach you through the process of contacting judges or their clerks to request an informational interview, and they can help you prepare for it. Best of all, they can connect you with alumni who are current or former clerks and judges. They can also help you get to know judges in alternative ways, such as through bar association receptions, continuing legal education programs, and other activities.
How can I tell whether a particular judge would be a good match
for me?
As you're trying to demonstrate that you're a good fit for a
judge, make sure to also evaluate whether the judge is a good fit for
you. Fortunately, there are several ways to do this, beginning with some
basic research.
"Do your homework," Bagley says. "Google the judge. Are they well-regarded? Are they often reversed?"
Next, ask around.
"Talking to the judge's former clerks or to professors or alumni from your law school who are familiar with the judge can be a good way to determine your fit," Jones says.
Bagley advocates getting a closer look. "If the judge is local, go observe him or her in court so you can get a sense of their temperament," he says.
In addition to getting the scoop on the judge's work style and personality, think about whether their work actually appeals to you. Are you interested in civil, criminal, family, probate, or another specialty court? Are you better suited for a busy trial court or a more research- and writing-oriented appellate court?
Finally, use your interview to ascertain whether you would get along personally.
"The interview is a two-way street," Fuentes says. "Ask yourself: Can I work with this judge? Is there chemistry? Are they accessible? Can I learn from them? Will they mentor me?"
While all this due diligence may be time consuming, it's worth the effort. After all, judicial clerkships can be as enriching for judges as they are for their clerks.
Over the years it has truly paid off for me to pick great clerks," Mason says. "Having them in chambers adds something to my experience as a judge and makes it more fun."
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