Table of Contents
- What Is A Judicial Clerkship?
- What Do Clerks Do?
- What Are The Benefits Of Clerking?
- To Which Courts & Judges Should You Apply?
- What Do Judges Look For In An Applicant?
- When Should You Apply?
- Do You Need To Sit For A Bar Examination If The Judicial Clerkship Is Outside Wisconsin?
- What Do You Need To Accomplish This Summer?
A judicial clerkship is without question one of the most impressive entries you can have on your resume. In many ways a judicial clerkship after law school serves as the capstone experience for a student's legal education. The Career Planning Center (CPC) staff encourages rising 3Ls, particularly rising 3Ls with strong academic records, to consider applying for judicial clerkships.
The purpose of this web page is to provide an introduction to judicial clerkships. For a more detailed discussion of judicial clerkships, students should reference the CPC's Judicial Clerkship Handbook.
- What Is A Judicial Clerkship?
Judicial clerkships should not be confused with judicial internships. Clerkships refer to post-law school graduation positions while internships are often volunteer opportunities offered through clinical programs to law students. A judicial clerkship is a one or two-year paid position in the chambers of a state or federal court judge. A judicial clerk acts in great part as the judge's personal attorney. Most judges rely tremendously on the counsel of their clerks regarding the legal issues and cases on the judge's docket. - What Do Clerks Do?
The specific responsibilities of a clerk may vary as a result of the judge, the level of court and the subject matter of the court (e.g., a federal bankruptcy court vs. a Kentucky State appellate court). Judicial clerks may find themselves conducting legal research, drafting orders, writing draft opinions and stipulations, and preparing pre-argument memoranda. Clerks also spend an extensive amount of time reviewing documents, motions and briefs submitted by the parties to the cases before the court. It is not uncommon that a judicial clerk also assumes administrative duties such as maintaining the chamber's library, and if the judge has student interns, supervising the interns.
- What Are The Benefits Of Clerking?
- Prestige. A clerkship is a highly valued credential and is a coveted résumé builder.
- Opportunity. Opportunity to improve and refine your research, writing and analytical skills.
- Exposure. Exposure to a wealth of substantive and procedural law.
- Professional Mentor. Establish a long-term mentoring relationship with a respected judge.
- Perspective. Gain unique perspectives of the legal profession and the American judicial process. Clerkships provide an unparalleled opportunity for learning about legal issues and the practice of law from the perspective of the judge's chambers.
- Education. Witness and learn from experienced attorneys with respect to oral advocacy skills and brief writing skills.
- Contacts. Establish professional contacts and network in an area of the country and within a legal bar where you would like to practice.
- Stepping Stone. Clerkships are excellent stepping stones into the worlds of academia, successful trial level and appellate level practices, and the judiciary.
- To Which Courts & Judges Should You Apply?
The experience of a clerk will vary depending on the court in which the clerk is working. State court experiences will differ from federal court experiences and trial court experiences will differ from appellate court experiences. Generally, federal clerkships are more prestigious than state clerkships and appellate clerkships are more prestigious than trial court clerkships, but prestige should not be your only consideration. You need to be thoughtful in your decisions and consider what you hope to gain from the experience. For example, your decision to apply to a court may be driven by the court's subject matter jurisdiction. If copyright law is your area of interest, you need to pursue federal clerkships. If you are interested in establishing a Wisconsin criminal defense practice, you may elect to focus on Wisconsin state courts. Your professional goals may also dictate the location of the courts you target. Certainly Texas courts see more immigration law issues than Kansas courts. In addition to the court, you should also consider the individual judges to whom you want to apply. Factors to consider include: the judge's philosophy, personality, and status/seniority on the court. (For a more detailed discussion of these and other factors, refer to the CPC's Judicial Clerkship Handbook.) The relationship between a judge and a clerk is important to both parties. Know what you need to thrive and look for those characteristics in the judges to whom you send applications. Professors, current and former law clerks, and attorneys with whom you work are excellent sources of information on particular judges, as are judge's scholarship and opinions.
-
What Do Judges Look For In An Applicant?
Tangible factors such as academic performance, law school attended, moot court participation, journal membership, etc., certainly play a critical role in the decision-making process; however, the judicial clerkship process is notoriously unpredictable. As a result of the intense and collaborative working relationship between a judge and clerk, it may be the rapport or "chemistry" a particular candidate establishes with the judge that results in the offer.
- When Should You Apply?
Unfortunately, there are no uniform application timing guidelines. Therefore, in most cases you will need to investigate the individual application dates, requirements, and procedures of each judge of interest to you. IMPORTANT: While many judges annually seek judicial clerks, not all judges formally advertise their openings. Accordingly, your search for a judicial clerkship should be a proactive one. Do not rely on posted opportunities.
Federal Courts: For detailed application requirements of individual federal judges, consult the Online System for Clerkship Application and Review, commonly known as OSCAR. OSCAR is a centralized web-based system that enables applicants for federal judicial clerkships to search for clerkship positions, select the judges to whom they wish to apply, and build and submit their applications online for judges who are accepting electronic applications.
State Courts: Applications deadlines for state court clerkships vary, often widely. Some courts accept applications as early as the spring and throughout the summer while others do not begin accepting applications until the fall for spring of your third year. The CPC staff recommends contacting the chambers of the judges for whom you have an interest in clerking to inquire about the timing of applications and materials required.
- Do You Need To Sit For A Bar Examination If The Judicial Clerkship Is Outside Wisconsin?
No. Judicial clerks do not practice law per se and therefore do not need to sit for a bar examination.
- What Do You Need To Accomplish This Summer?
- Research judges and courts.
- Confirm requirements for application materials and deadlines.
- Update your resume and have a member of the CPC professional staff review it.
- Select and/or create a stellar writing sample.
- Request official law school and undergraduate transcripts.
- Request letters of recommendation from law school faculty and other respected members of the legal community.
- Have a CPC staff member and a faculty member review the entire packet of materials.
- Apply to state judges if appropriate. For federal courts, prepare to mail or submit via OSCAR your materials .