ABA - Commission on Racial & Ethnic Diversity

Deciding where to apply

2men2.gif (32214 bytes) The first step of the application process is deciding to whom to apply. For most students, this decision involves three basic issues:

1. Type of Clerkship

Federal court clerkships are often the most competitive. While some federal judges consider only students with strong academic credentials from national law schools, others proactively recruit from local, state, or regional schools. Grades are clearly a factor for many federal clerkships, but consult with professors and clerkship advisors at your school before deciding that your grades are not good enough to obtain a clerkship. If a student's application reflects some unique qualities or an interesting background, federal judges may look beyond the student's grade point average. Law journal or other extensive writing experience is a very important factor for many federal judges.

In addition, state court judges are often more flexible, although some state supreme courts can be as competitive as most federal courts. State and local judges provide an excellent learning experience and are often particularly interested in attracting students with demonstrable local ties or with a desire to practice law in the area.

Consult with a professor or career advisor at your law school to try to determine the kind of clerkship that will suit your credentials and help you meet your goals.

A broad range of courts hire law students and graduates:

Federal appellate courts (U.S. Courts of Appeal or Circuit Courts): Each judge and senior judge in active service on each of the federal circuit courts has two or three elbow clerks who work directly for the judge. In total, there are over 500 such clerkships nationwide. Most, but not all, of the Afeeder@ judges who regularly send their clerks on to clerk an additional stint at the U.S. Supreme Court are at the federal appellate level. In addition to elbow clerks, every circuit has a central staff of court clerks or staff attorneys.
State appellate courts: Every state has a supreme court, and many have one or more intermediate appellate courts. Some, like California and New York, have highly developed intermediate appellate systems. Most state supreme court justices and many intermediate appellate court judges have one or more elbow clerks. Other intermediate appellate courts depend on a central clerkship staff which handles cases for all the judges. Many state courts rely on both central staff clerks and elbow clerks.
Federal trial courts (U.S. District Courts): There are several hundred active district judges in the federal system. Most have two law clerks. A growing number of these clerkships now last for two years, instead of the traditional one-year term.
State trial courts: Many state trial courts have law clerks and staff attorney positions for their general, limited, and specialized jurisdiction courts and divisions. Specialized jurisdiction courts include: Juvenile; Family; Housing; Tax; Water; Drug; State Bar (Discipline); and others.
Other federal courts: Federal magistrates and judges for specialized federal courts frequently hire clerks to assist them in their work. Federal magistrates handle pretrial matters in major federal litigation and also have original jurisdiction in certain criminal matters. Specialized jurisdiction federal courts include Bankruptcy judges, who adjudicate a wide variety of bankruptcy and general commercial law disputes; the U.S. Claims Court, which handles claims against the United States; and the U.S. Tax Court, which handles disputes with the IRS. Other specialized federal courts include the Court of International Trade; the Court of Veterans Appeals; and the Court of Military Appeals.
Federal and state administrative law courts: Many federal and state agencies have internal review boards that make decisions which interpret the agency's regulations. The judges on these boards, known as Administrative Law Judges (AALJ@), often hire law clerks just as other judges do. Clerking for one of these judges is an excellent way to begin your career, especially if you are interested in working in the field that is regulated by that agency. A small sample of federal agency boards includes the Department of Health and Human Services Appeals Board; the Department of Justice/Office of Immigration Review; the National Labor Relations Board; and the Securities and Exchange Commission.

2. Geographic Location of Clerkship

The issue of geographic location is important for most clerkship applicants, and it is decisive for many. There are outstanding clerkship opportunities all over the country and at all levels. Many applicants tend to concentrate their efforts in relatively few cities. However, it is easier to obtain a rewarding clerkship in areas other than the major East Coast and California cities. Applicants whose personal circumstances require them to apply in highly competitive cities should apply to state and local courts as well as to federal courts.

3. Clerkship Reputation and Environment

For most applicants, the issues are two. First, is the judge Agood,@ that is, intelligent, capable, conscientious, and fair? Second, is the clerkship experience Agood,@ that is, does the judge make effective use of his or her clerks' talents and energy, and is working for the judge personally rewarding? The answers to these questions are not always straightforward. Some famous judges treat their clerks poorly. Some less well-known judges are superb jurists who are extraordinarily kind to their clerks and rely heavily upon their judgment.

Judiciary

Judicial Clerkships - Why the Courts?