Behind the Bench: The Guide to Judicial Clerkships
Author:
Strauss, Debra M.
Edition:
2nd
Copyright Date:
2017
26 chapters
have results for judicial
Appendix C. Code of Conduct for Judicial Employees 43 results (showing 5 best matches)
- A judicial employee should not engage in any activities that would put into question the propriety of the judicial employee’s conduct in carrying out the duties of the office. A judicial employee should not allow family, social, or other relationships to influence official conduct or judgment. A judicial employee should not lend the prestige of the office to advance or to appear to advance the private interests of others. A judicial employee should not use public office for private gain.
- A judicial employee should not engage in the practice of law except that a judicial employee may act pro se, may perform routine legal work incident to the management of the personal affairs of the judicial employee or a member of the judicial employee’s family, and may provide pro bono legal services in civil matters, so long as such pro se, family, or pro bono legal work does not present an appearance of impropriety, does not take place while on duty or in the judicial employee’s workplace, and does not interfere with the judicial employee’s primary responsibility to the office in which the judicial employee serves, and further provided that:
- (1) A judicial employee should avoid conflicts of interest in the performance of official duties. A conflict of interest arises when a judicial employee knows that he or she (or the spouse, minor child residing in the judicial employee’s household, or other close relative of the judicial employee) might be so personally or financially affected by a matter that a reasonable person with knowledge of the relevant facts would question the judicial employee’s ability properly to perform official duties in an impartial manner.
- (2) A judicial employee should not solicit or accept a gift from anyone seeking official action from or doing business with the court or other entity served by the judicial employee, or from anyone whose interests may be substantially affected by the performance or nonperformance of official duties; except that a judicial employee may accept a gift as permitted by the Ethics Reform Act of 1989 and the Judicial Conference regulations thereunder. A judicial employee should endeavor to prevent a member of a judicial employee’s family residing in the household from soliciting or accepting any such gift except to the extent that a judicial employee would be permitted to do so by the Ethics Reform Act of 1989 and the Judicial Conference regulations thereunder.
- A. A judicial employee should respect and comply with the law and these canons. A judicial employee should report to the appropriate supervising authority any attempt to induce the judicial employee to violate these canons.
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Chapter Thirteen. Tools for Research: Where to Look for Information on Courts, Judges, and the Like 69 results (showing 5 best matches)
- Official list of judicial vacancies on the site of the Administrative Office of the United States Courts, along with corresponding nominations, confirmations, future vacancies, and court locations. Available online at http://www.uscourts.gov/judges-judgeships/judicial-vacancies. See the following for listings: (http://www.uscourts.gov/judges-judgeships/judicial-vacancies/current-judicial-vacancies) (http://www.uscourts.gov/judges-judgeships/judicial-vacancies/confirmation-listing) (http://www.uscourts.gov/judges-judgeships/judicial-vacancies/future-judicial-vacancies).
- Courting the Clerkship: Perspectives on the Opportunities and Obstacles for Judicial Clerkships.
- Judicial Externships: The Clinic Inside the Courthouse.
- the judicial nominee’s confirmation; tracking of judicial nominations, data including pie charts providing an overview of the nomination and confirmation activity relating to each Congress since the 107th (https://www.justice.gov/olp/judicial-nominations).
- Federal Judicial Center 1994, with reprinted version by West Publishing. Useful guide to read before your clerkship, and even before an interview to gather a flavor of the atmosphere and protocol in chambers. Condensed information covering the role of a law clerk, the judicial code of conduct, civil and criminal procedure, federal court structure, chambers and case management. Includes a helpful section on research and writing particular for judicial clerkships.
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Chapter Fourteen. Minorities, Women, and Clerkships 27 results (showing 5 best matches)
- • Judicial Division, Judicial Clerkship Program, http://www.americanbar.org/groups/judicial/events_cle/jcp.html.
- Judicial law clerks become leaders in the profession, become judges and partners in law firms. They are very visible in the justice system and are role models for law students. Having minority clerks provides judges with more diverse views about the law and about the effects of judicial decisions.
- With this charge, the ABA has led the initiative to expand the opportunities for minorities and women to serve as judicial clerks, launching innovative programs described below, as well as co-sponsoring the National Judicial Clerkship Study conducted by the National Association for Law Placement.
- is a national association of environmental, civil rights, mental health, women’s, children’s and consumer advocacy organizations. Their website, http://www.afj.org/, contains valuable information on these issues, including information on judicial vacancies and statistics about the diversity of judicial nominations.
- • Section of Litigation, Judicial Intern Opportunity Program, http://www.americanbar.org/groups/litigation/initiatives/good_works/judicial_intern_opportunity_program.html.
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Appendix D. The National Judicial Clerkship Study: Executive Summary and Action Plan 38 results (showing 5 best matches)
- The following Executive Summary and Action Plan, excerpted from the Report of the National Judicial Clerkship Study at pages 8 to 18, summarize the most significant findings and suggested proposals for the judiciary, law schools and students. The complete findings are published in
- • Many law school websites on judicial clerkship resources are also available and may be found through a browser search for information on judicial clerkships.
- The schools should strive for the development of more judicial internship/externship programs, which are regarded as beneficial to this process by those schools that have them. Internship or externship programs with local judges often provide an entree into the world of judicial clerkships, as well as a valuable experience and enhancement to the law school education. The vast majority of law schools report having a formal internship/externship program, which most believe has positively affected the number of clerkship applications and, to a lesser extent, offers from the judges. Moreover, almost one-third of the law clerks and students who successfully applied for a clerkship had a summer or academic year judicial intern/externship.
- Judicial clerkships open doors to satisfying legal careers—yet the profession’s understanding of who is applying for clerkships, why they do so, and how the process can be managed effectively is little understood. Motivated by several critical concerns about clerkships and diversity in the legal profession, the National Association for Law Placement (NALP) and the American Bar Association (ABA) undertook a comprehensive study of judicial clerkships as employment opportunities for law graduates.
- This study compiled data from four sources. The first portion of the study analyzed retrospective empirical data compiled by NALP for five years (1994–1998) to refute or substantiate anecdotal evidence about differences in the frequency of judicial clerk positions among men, women and graduates of color. The data, collected by NALP annually on the employment experiences of new law graduates, produces information on 86–90% of all graduates from ABA-accredited law schools each year and thus offers the most comprehensive insights regarding graduate employment as judicial clerks through these detailed analyses.
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Chapter Ten. Preparing for Your Judicial Clerkship 6 results (showing 5 best matches)
- Integrity and discretion are the key benchmarks of a successful law clerk. Your loyalty to your judge should be paramount and lifelong. Most people are unaware that there is a special code of ethics for federal law clerks. The Judicial Conference of the United States (the governing body of the federal courts) adopted the Code of Conduct for Law Clerks in March 1981 and has amended it several times, with the latest version, the Code of Conduct for Judicial Employees, adopted by the Judicial Conference in September 1995. It is presented along with some explanatory detail in the You should read it on your own and become thoroughly familiar with its rules. In addition, the Federal Judicial Center has published a pamphlet,
- include a section on research and writing for judicial clerkships. Other key reference materials for law clerks include: the Federal Rules of Evidence, Federal Rules of Civil Procedure, Federal Rules of Criminal Procure, Federal Rules of Appellate Procedure, U.S. Bankruptcy Code, state substantive law and procedural rules, and the Blue Book (although the judges don’t all follow it as religiously as do law students). Another interesting but lesser known source is the
- ), which contains very accurate, and rather condensed, useful information on many topics, including the role of a law clerk, the judicial code of conduct, civil and criminal procedure, federal court structure, and chambers and case management. This manual for law clerks originated in the Federal Judicial Center, with reprinted versions by West Publishing. However, as a caveat, West last reprinted this manual in 1994. The most recent incarnation of the (Second edition), published in 2007 by the Federal Judicial Center, which goes back to the primary focus on law clerks; as such, these versions will be treated interchangeably. You should be aware that some of the specific rules or information may have changed by the time you enter your clerkship, but the general guidelines will remain sound.
- However, most federal courts do not require that law clerks be licensed to practice in the jurisdiction. In addition, clerks usually do not have to take a bar examination before beginning a clerkship. Many students who accept federal judicial clerkships wait to take the bar exam until deciding the state in which they wish to practice.
- The most important thing to know is that the world of the judicial clerkship is the judge’s world. As such, it is like no other you have experienced. It encompasses its own culture, players, rules, and ethical considerations. Before you embark on your voyage, you will need some tools and a little orientation to help develop your inner compass and the proper state of mind. If you enter with the appropriate attitude and awareness, the rest will follow in time, with your judge as your guide to a successful clerkship experience—and beyond.
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Chapter Two. The Keys to Success in Finding a Clerkship 13 results (showing 5 best matches)
- Strauss, Debra M., “The Wide World of Judicial Clerkships: Counseling Strategies for Navigating the Maze of Courts and Clerkship Opportunities,” , Vol. 11, No. 11, November 1998; Strauss, Debra M., “Strategies for Success: The Quest for Your Judicial Clerkship,” (February 29, 2014), online at http://abovethelaw.com/career-files/strategies-for-success-the-quest-for-your-judicial-clerkship/.
- Of value to you in your own clerkship applications should be the National Judicial Clerkship Study, which with its extensive aggregate data provided enlightening answers and debunked some of the myths surrounding the clerkship application process. The study found overall that the elements of the academic record do play the largest role in a successful clerkship application. Many students who applied for and received a judicial clerkship had certain law school activities or factors in common. More than one-half had one or more of the following characteristics: “top grades/high class rank” (as defined by the students’ own perceptions), membership on the law review/law journal, or experience as a teaching or research assistant. Almost half had significant prior work experience. These students mentioned other law school activities or characteristics with somewhat less frequency, and nearly one-third had a summer or academic year judicial intern/externship. These factors for success...
- WHAT DOES IT TAKE TO GET A JUDICIAL CLERKSHIP?
- ...to know, in applying for a clerkship, what are the factors for success? For the most part, the criteria generally used by other employers to evaluate applicants pertain to judicial clerkships as well. Grades, journal membership, work experience, writing skills, references, and compatibility rank among the most important factors. Many judges prefer to hire clerks from their alma mater or from local law schools. In addition, some judges prefer students who have prior connections to the geographic area or a demonstrated commitment to settle there. As stated by one very fine judge, the Honorable Ralph K. Winter, Senior Judge (formerly Chief Judge) of the U.S. Court of Appeals for the Second Circuit, some generalities can be observed: “What are judges looking for? They look at grades, they look at courses, they look at the recommendations, and they look at personality. They do this in a differing mix. Some will emphasize one kind of thing more than another.” Beyond that, the...
- • What are your reasons for seeking a judicial clerkship?
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Appendix F. Law Schools: The Ways You Can Help Your Students 10 results (showing 5 best matches)
- 6. Pursue a judicial externship/internship, for exposure to the judiciary, to see what a judicial clerkship would be like, and to gain the potential support of a judge.
- See “Action Plan” in Courting the Clerkship: Perspectives on the Opportunities and Obstacles for Judicial Clerkships, Report on the 2000 National Judicial Clerkship Study (National Association for Law Placement, October 2000), pp. 16–18 (reprinted in this Appendix); and my article, “Empowering the Participants: Initiatives from the National Judicial Clerkship Study,” NALP Bulletin, Vol. 13, No. 12, December 2000, available through the DMS Judicial Clerkship Resources link at www.judicialclerkships.com.
- 10. Of course, encourage your students to attend the programs on judicial clerkships offered by your law school and to avail themselves of all those precious resources you have gathered in your office!
- I am a big believer in programs, having conducted quite a few in my day. There can be a great variety of types of programs in the area of judicial clerkships, to address the issues from many different perspectives. One of the most interesting and valuable types of forum is the
- topics and issues, including: an overview of the federal and state courts; the judicial clerkship experiences and opportunities; the nuts and bolts of the clerkship application process; interviewing, cover letter, resume, and writing skills workshops; and preparing for your clerkship. But it is not my intention to be advertising my services here, so I will try not to jump up and down too much about this! If you have read through this book, you already know where and how to reach me if you would like further assistance with the judicial clerkship program at your school!
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Chapter Twelve. Lessons and Advice Directly from the Judges 27 results (showing 5 best matches)
- sits down with five judges from the ABA Judicial Division to get their expert advice on landing a coveted judicial clerkship, making the most out of this opportunity once you’re in their chambers, secrets to working well with judges, and other tips from the bench.
- , former justice of the Indiana Supreme Court (1993–2012), is professor of practice at Indiana University Robert H. McKinney School of Law. Judge Sullivan Jr. has been active in the ABA and is a leader of its Judicial Clerkship Program which encourages minority law students to seek judicial clerkships.
- Even compared to full-time starting associate positions, there are several things that are unique about a judicial clerkship. The mentorship relationships that clerks establish with “their” judges are quite different from those between associates and more senior lawyers in a firm—and often last throughout their careers. In addition, by working with their judges in helping write judicial opinions, clerks directly and substantially participate in shaping the law.
- was appointed to the Seventh Judicial Circuit sitting in the Circuit Court for Prince George’s County, Maryland, in 1998 and presides over many types of cases including civil, criminal, foreclosure, family, and juvenile. Judge Clarke received her JD from the University of Maryland Francis King Carey School of Law. Prior to her appointment, Judge Clarke practiced law in both the public and private sector. She was the first African American female to serve as state’s attorney for Prince George’s County as well as the State of Maryland. Judge Clarke is a former president of the J. Franklyn Bourne Bar Association and was the first African American to serve as president of both the Women’s Bar Association of Maryland and the Prince George’s County Bar Association. Currently, Judge Clarke is on several committees of the ABA’s Judicial Division.
- serves Iowa’s 8-A Judicial District as one of six traveling judges on a 10-county circuit. After 15 years in private law practice in rural Iowa, and two terms as Monroe County attorney, she was appointed to the bench in 1996. Judge Scieszinski has served as president of the Iowa Judges Association, and recently was selected as one of three trial judges to preside in the Iowa Business Court, an experimental docket dedicated to complex litigation. She is now the chair-elect of the National Conference of State Trial Judges. For many years, Judge Scieszinski has contributed her services as a volunteer mentor for the ABA Judicial Division’s minority clerkship program.
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Chapter Eight. Interviews, Offers, Acceptances, and Alternate Outcomes 17 results (showing 5 best matches)
- Strauss, Debra M., “Top Ten Tips To the Judicial Clerkship Interview,” (January 22, 2015), online at http://abovethelaw.com/career-files/ten-tips-to-the-judicial-clerkship-interview/.
- , published by the Federal Judicial Center, which offers suggestions for judges along with sample questions to ask law clerk applicants.) Incidentally, many judges will ask you as well the names of other judges to whom you have applied or with whom you will be interviewing. Be prepared to answer this question directly (and without flinching). If you appear vague and unsure, the judge may draw a negative inference that perhaps you have applied randomly and do not have the conviction to be seeking a clerkship with him or her either. The judge may simply be looking for patterns in your preferences (political direction, geographic concentration) or judicial cronies with whom to compare notes.
- I have decided to devote an entire section to this subject because it is an alternate path worthy of emphasis yet so often forgotten. For those of you who are no longer in law school—or third-year students contemplating being in that situation when you would begin your potential clerkship—take heart. The possibilities of a judicial clerkship can still be yours.
- Hannon applied for and received her clerkship during her third year of law school and, after practicing in a law firm for the first year after graduation, took a leave of absence from the firm to pursue her clerkship. Although she was aware of the prestige associated with being a federal clerk, she was hesitant about leaving the firm because she felt that such an interruption could have negative implications. “Despite my temporary misgivings, however, all of the associates and partners at the firm, particularly those who had clerked themselves, were extremely encouraging about my clerkship. Everyone expressed the value which they believed I would add upon my return from my year as a clerk.” She discovered as well the lasting impact of gaining a judicial mentor and contacts that boost your legal career. “The network of colleagues which a clerk develops is extremely beneficial as the clerk’s career progresses. Every law clerk becomes part of an established tradition and a judicial...
- So, keep in mind the option of applying (or reapplying) upon gaining some valuable work experience after law school, and pursuing a non-traditional path. Remember, it’s never too late to do a judicial clerkship!
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Introduction 4 results
- One of the most significant findings of the National Judicial Clerkship Study was something I discovered long ago—the need for more resources on judicial clerkships—suggesting a master handbook for law students in this area. In the creation of this definitive guidebook, I hope that I—and all of those judges, law clerks, students, and court personnel who have provided their valuable input to this book—will be contributing to enhance the judicial clerkship process significantly for others in the years to come.
- Until now, there has been no central source of information on judicial clerkships and how to obtain them—the ultimate prize. Yet in the intriguing world of the judiciary, there is a maze of valuable clerkship opportunities that is often difficult to navigate.
- This led to my stewardship of the 2000 National Judicial Clerkship Study—the first comprehensive national effort of this magnitude in the area of judicial clerkships—conducted by the National Association for Law Placement (“NALP”) and the American Bar Association (“ABA”). Here was a valuable opportunity to design the surveys based on the questions students had asked me over the years, and actually to obtain the ...roles that law school faculty and administration assume in the student clerkship application processes. In compiling the results and preparing the NALP Report, I was able to identify some of the measures needed, with the hopes of reaching judges and law school professionals across the country to help to improve the clerkship application process. No book on judicial clerkships would be complete without bringing to the students some of the valuable empirical information generated from this study, which serves to augment and support the more instinctive and anecdotal insights...
- ...the Honorable Charles L. Brieant, then-Chief Judge of the U.S. District Court for the Southern District of New York—an experience so positive that I repeated it as a permanent law clerk many years later. Through my subsequent years in private practice at Rogers & Wells in New York (now Clifford Chance LLP), I came to recognize the value of a clerkship in one’s law practice and general career. During my second clerkship experience, I appreciated my role as a law clerk all the more, and had the rare opportunity to meet with numerous members of the judiciary as part of the continual mentoring of my wonderful judge. Emerging as an enthusiastic advocate, I returned to my law school to spread the word of this remarkable world of clerkships. In seeking to provide information and guidance to the students at Yale, I developed a highly successful full-scale program on judicial clerkships, which received national prominence as a model to other schools that soon came to me for guidance. I...
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Chapter Nine. What Do Clerks Earn? 22 results (showing 5 best matches)
- Similar issues have been raised with respect to bar exam or review course fees. To avoid any appearance of a conflict or impropriety, some law firms will not pay for these expenses if you accept a judicial clerkship; however, most will reimburse you once you join the firm. Note that law firms also differ on whether an employment offer can be deferred or will remain open during a judicial clerkship.
- NALP Report at 17. See also Strauss, Debra M., “Empowering the Participants: Initiatives from the National Judicial Clerkship Study,” NALP Bulletin, Vol. 13, No. 12, December 2000, available through the DMS Judicial Clerkship Resources link at www.judicialclerkships.com.
- One approach is to view a judicial clerkship as another year of law school. As such, it is somewhat of an expense—although far less than one year of law school—but one that gives you in return a learning experience, an honor, and a permanent boost to your career. A clerkship is a valuable opportunity to do public service, make a contribution and impact upon the law, while at the same time receiving enormous personal satisfaction and advantage. One law firm openly states the benefits of clerking in its attraction for judicial clerks: “We feel the experience of [a] judicial clerkship is highly beneficial to your career. Many of our lawyers have them. The research and writing skills, plus the exposure to the trial and appeal process are valuable skills in the professional development of any lawyer.”
- A word on the financial aspects is called for here. Much ado has been made about the financial sacrifice of a judicial clerkship, as this has generally been considered the biggest disadvantage of clerking. One must recognize the existence of a financial differential between a clerkship salary and other post-graduation employment such as large law firms. This salary gap, in combination with a considerable educational debt, may deter some students from applying for a judicial clerkship in the first instance. We will look more closely at each of these aspects and explore the avenues that might be available to assist you in surmounting your financial constraints. So, what do clerks really earn?
- The compensation for federal judicial law clerks also includes other financial benefits. “Term appointment” law clerks, appointed for a term of less than four years (generally one or two years), are covered by Social Security and are eligible to participate in health, dental, vision, and life insurance programs including long-term care insurance, and pre-tax health and dependent care supplemental benefits programs. “Career judicial law clerks,” appointed for four or more years, in addition can participate in the federal retirement system and the Thrift Savings Plan (which augments the clerk’s investment income with matching funds from the government). Each judge has the discretion to determine the vacation and sick leave that will be available to a law clerk. At the time of your clerkship, you will need to check with the judge and the personnel office of the court for the current compensation and benefits plans.
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Chapter One. The Value of a Clerkship 21 results (showing 5 best matches)
- James W. Prendergast further addressed the reasons law firms want clerks. “There is a certain element of talent that judicial law clerks bring to a firm. They clearly have been through, depending upon what court they have worked for, the pretrial process, the trial process, perhaps an administrative or appeal process; that talent is valuable as well as the insight that they bring into the mechanics of the courts or the particular judges. The same is true for experience.” Beyond the invaluable training of a law clerk, he acknowledged another significant factor—the perception of the law firm. “The fact that you have judicial clerks in your roster often is an enhancement to the prestige of the law firm. At our firm in the past couple of years, between 15 and 25% of our incoming summer associate class have been or are going to be judicial law clerks. It is something ...is one of the reasons you find most law firms looking to recruit judicial clerks.” So, if you want to increase your own...
- See Courting the Clerkship: Perspectives on the Opportunities and Obstacles for Judicial Clerkships,
- As a former law clerk for a federal district court judge and an advisor to countless students and law clerks over the years, I can personally attest to the merits of a clerkship. The value of a judicial clerkship is indeed substantial, and these benefits last for a lifetime. Clerkships are prized from all different perspectives, transcending the distinctions between private practice and the public sector, corporate and litigation. Regardless of your future career path, a judicial clerkship can be a significant asset to your career. In academia, it is an essential credential. After your clerkship, the possibilities are expansive—including judicial, administrative, government and even other non-legal positions.
- Again, the decision to apply for a clerkship is a very individual one-only you know what is best for you. It might be of interest to you, however, to see what other students and graduates across the country have said regarding their decisions. The National Judicial Clerkship Study found that “clearly students recognize the value of the clerkship relative to one’s legal career.” ...apply for judicial clerkships? We took the opportunity to ask the numerous students in the study this very question. The factors that most influenced their decision to apply were the desire to gain the work experience of a clerkship, the impact of a clerkship on their future career, the prestige of clerkships, and discussions with others. Most of these influential discussions were with lawyers in practice, followed next frequently by other law students, and then faculty members. When asked this question, the alumni law clerks identified substantially the same reasons for applying for their clerkships...
- WHAT EXACTLY IS A JUDICIAL CLERKSHIP?
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About the Author 5 results
- Debra Strauss served as Project Director of the National Judicial Clerkship Study, sponsored by the National Association for Law Placement and the American Bar Association. She is the author of
- , J.D. is the national expert in the area of judicial clerkships, providing consulting services and seminars to law schools, students, other organizations, and the judiciary.
- Professor Strauss has published and presented numerous articles and programs nationwide addressing judicial clerkship issues. She created the website, www.judicialclerkships.com.
- A Phi Beta Kappa graduate of Cornell University (B.A. Psychology) and Yale Law School, she served two clerkship terms for the Honorable Charles L. Brieant, former Chief Judge of the United States District Court for the Southern District of New York, first directly after law school and then years later as a Permanent Law Clerk. In addition, she practiced law at Rogers & Wells in New York (now Clifford Chance LLP), specializing in commercial litigation. Upon returning to Yale Law School as Director of Judicial Clerkship Counseling and Programs, she established the judicial clerkship program there, which achieved national prominence and resulted in a record number of Yale students obtaining clerkships.
- Professor Strauss was also a member of the adjunct faculty at Pace University School of Law, where she developed and directed the Federal Judicial Extern Honors Program.
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Chapter Three. A Collection of Clerkship Opportunities 27 results (showing 5 best matches)
- A judicial externship or internship (the terms are basically interchangeable) is essentially a junior clerkship working in a judge’s chambers while one is still a law student. These are generally unpaid positions (full or part-time), although sometimes with academic credit, depending on the policies and programs of the law school. This contrasts with a judicial clerkship, which is a paid post-graduation position, but often includes many of the same types of activities. The optimum time for such an experience is during the summer after the first year of law school or during the second year of law school, since the knowledge and writing skills gained during the externship can improve the student’s performance in later law school courses and potentially lead to a judicial clerkship. Some courts, however, consider only third-year law students for these positions.
- The National Judicial Clerkship Study documented that internship or externship programs with local judges often provide an entree into the world of judicial clerkships, as well as a valuable experience and enhancement to the law school education. The vast majority of law schools reported having a formal program. Overwhelmingly, the schools with an externship or internship program believed that this has positively affected the number of clerkship applications; 91% of schools provided this response nationwide. A smaller but still large percentage of schools (85%) also believed that externships have a positive effect on clerkship offers. As further support for the substantial impact of judicial internships or externships, the National Clerkship Study found that almost one-third of the law clerks and students who received a clerkship had pursued a summer or academic year intern/externship while in law school. For this reason, the study in its action plan of initiatives ...more judicial...
- I remain convinced of the value of externship programs, particularly in law schools where the students would otherwise be less likely to be considered for a clerkship. So much so that I have helped to establish one such program at Pace University School of Law, as a professor and director of the Federal Judicial Extern Honors Program. At Pace, we have found that the word has spread about the fine training of these select students, opening judicial doors that previously might not have been accessible to them. As a result, the number of judicial clerkships has increased dramatically.
- I am including this type of position here, but distinguishing it from a traditional judicial clerkship. Some new graduates who do not have a job at graduation and are awaiting the bar results take positions such as in the Connecticut Superior Courts as TACs (temporary assistant clerks). Usually temporary in nature, this position does provide exposure to court procedures and documents. Although there are some people who interpret the concept of judicial clerk more liberally and may consider TACs to be a form of a clerkship, I follow a more conservative definition of judicial clerkship, as does the National Association for Law Placement in their compilation of the law graduate employment statistics. To me, the key difference between a TAC
- Joy Fitzgerald found that the learning curve was steep, but she learned more substantive law and more about the reality of practice than she could have imagined possible. “The externship experience made me more interested in pursuing a judicial clerkship position because it provided me with an appreciation of the range of matters before the court and the type of work a judicial clerk handles. This is impossible to glean from a classroom. Although the time commitment is limited in an externship, I think it provides a real glimpse into the workings of chambers which, for me, provided an added impetus to apply for clerkships and a significant enhancement to my application credentials.” She concluded that she would “absolutely recommend an externship experience to any law student. It certainly gives you credibility in applying for a judicial clerkship
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- August or September (with applications due the previous November). Fellows work at the Supreme Court, the Federal Judicial Center, the Administrative Office of the United States Courts, or the United States Sentencing Commission on various projects concerning the federal court system and judicial administration. Founded by then-Chief Justice Burger in 1973 as the Judicial Fellows Program, the program provides fellows the prospect to study first-hand both the administrative machinery of the federal judiciary and the dynamics of inter-branch relations. “The Program is particularly interested in candidates who are completing a judicial clerkship, are interested in pursuing an academic career or a career in public service, and wish to deepen their knowledge of the federal judicial system.”
- (Harcourt Brace, 1999), pp. 109–114. See also her entertaining discussion of the reasons a judicial clerkship is a job she has recommended to more students than any other (
- Press release, “The Supreme Court Judicial Fellows Program,” 5/31/01, Washington, D.C. (http://web.archive.org/web/20020413232952/http://www.supremecourtus.gov/publicinfo/press/pr_05-31-01.html).
- Supreme Court at that time through portrayals of each justice’s biography, judicial philosophy, and personality).
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Chapter Four. An Overview of the Courts 12 results (showing 5 best matches)
- Magistrate judges are judicial officers of the district court and are appointed by a majority of the judges on the district court for a term of eight years, with no involvement of the President and the Senate. The number of magistrate judge positions is determined by the Judicial Conference of the United States, based on recommendations of the respective district courts, the judicial councils of the circuits, and the Director of the Administrative Office of the U.S. Courts. The judges of each district appoint one or more magistrate judges, who discharge many of the ancillary duties of district judges. There are both full-time and part-time magistrate judge positions. Many magistrate judges are subsequently appointed to U.S. District Court judgeships.
- The United States District Courts are the trial courts of the federal court system. Within limits set by Congress and the Constitution, the district courts have jurisdiction to hear nearly all categories of federal cases, including both civil and criminal matters. There are 94 federal judicial districts, including at least one district in each state, the District of Columbia, and Puerto Rico. Each district includes a United States bankruptcy court as a unit of the district court (discussed below). Three territories of enjoy a tropical paradise!) Several districts are divided into divisions and may have several places where the court hears cases. For example, New York and California are composed of multiple judicial districts, whereas Alaska is comprised of a single judicial district. The district courts are listed with their divisions in Title 28 of the U.S. Code, Sections 81 through 144, and the number of judgeships allotted to each district is set forth in Title 28 of the U.S....
- , breach of contract, license, tax). On appeal, the determinations of the Bankruptcy Court go to the district judge for review. Bankruptcy judges are judicial officers of the district court and are appointed by the majority of judges on the court of appeals for a term of 14 years, with no involvement of the President and the Senate. The number of bankruptcy judges is determined by Congress, upon recommendations submitted by the Judicial Conference of the United States from time to time regarding the number of bankruptcy judges needed.
- As in the other federal trial courts, law clerks draft judicial opinions and participate in hearings and trials. (For employment opportunities, see United States Tax Court, “Law Clerk Program,” http://www.ustaxcourt.gov/lc_program.htm.) A clerkship for the U.S. Tax Court is a valuable initiation if you are interested in pursuing a future practice in tax law.
- There are clerkship positions available in other entities outside of the judicial branch. Certain categories of legal disputes may be resolved in special courts or entities that are part of the federal executive or legislative branches, and by federal and state administrative agencies. Another option to consider is working for an Administrative Law Judge for one of these entities.
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Chapter Seven. Building a Successful Application 10 results (showing 5 best matches)
- An extra word of caution is warranted if the employer in question was a judge and you worked as a judicial intern or extern. Certainly you must obtain and clearly state the judge’s permission to use as your sample an opinion or decision written for that judge. You should also indicate that this is a draft of what you submitted to the judge, so that you are not representing that you wrote the final opinion. Even so, there are many judges who will disapprove of the use of an actual judicial opinion, either with the concern that it may not be a matter of public record or that you have broken the mystique of the work in chambers. As an unwritten rule, the judge is always the author of a judicial opinion, regardless of who assisted in its writing in chambers. For you to claim authorship may appear to be indiscreet.
- .... In the alternative, maybe you really do love this judge, you have had a life-long ambition to clerk for him or her—and you can express it in a very sincere way—then it might be appropriate to do so, but when in doubt keep it minimal and avoid the risk. A personal connection could also be mentioned deftly in the cover letter. A further exception might be warranted if you think that the judge has not hired law clerks from your school in the past and might need extra convincing to consider your application; you may need to demonstrate that something about your academic record and experiences makes you exemplary. Do not describe aspects of yourself in glowing terms, but instead briefly discuss your experiences. For example, the fact that you worked throughout law school to finance your education or did extensive research for a professor on a topic of interest shows your traits of reliability and diligence. If you did a judicial externship or internship, you can highlight this...
- OSCAR (Online System for Clerkship Application and Review)—https://oscar.uscourts.gov/—is an innovative database from the Administrative Office of United States Courts for federal judicial clerkship applications. Not all federal judges participate in this system, but a large number do and the numbers have been steadily increasing over the years since its creation in 2005. According to Administrative Office of United States Courts, the number of Article III, bankruptcy, and magistrate judges participating in the OSCAR program nationally has grown from 388 in June 2005 to 1,722 in 2014. The Administrative Office reports that 73 percent of all federal
- Guide to State Judicial Clerkship Procedures
- As reported in the National Judicial Clerkship Study, one-third of the students indicated that they experienced difficulties in finding people to provide these references and an even greater percentage (36%) reported problems with the content of the
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Acknowledgments 9 results (showing 5 best matches)
- • Kimm Alayne Walton, the fabulous job guru, who encouraged me to act upon my dream of writing this book to capture the knowledge of judicial clerkships that had been building for so many years. She has come to me time and time again for information on judicial clerkships for her many books and has always graciously supported my endeavors with glowing descriptions that were so much more than complimentary—thanks, Kimm!
- • William Paul, former President of the American Bar Association, for his initiatives in the area of minorities and clerkships, most especially the National Judicial Clerkship Study.
- • Roger Karr, Manager of Informational Services at the Federal Judicial Center, for his time and helpful discourse that went beyond simply providing resource materials.
- • Meredith Schuman Casale from LEXIS® for her recognition of the importance of judicial clerkships and her collaboration in providing valuable resource materials to law students in this area.
- • Cie Armstead, ABA Commission on Racial and Ethnic Diversity in the Profession, for inviting me to speak at the ABA mid-year meeting to launch their worthy judicial clerkship program and providing materials and support for the chapter on minorities and clerkships.
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Chapter Six. Choosing a Judge Who’s Best for You 13 results (showing 5 best matches)
- e.g., Judicial Yellow Book, The American Bench
- JUDICIAL STYLE/PERSONALITY/ATMOSPHERE IN CHAMBERS
- Judges are people too. As such, they will differ greatly in their style and personality. These differences are heightened in the closely personal, intensive relationships in chambers and thus may largely shape the success or failure of your clerkship experience with that judge. Examples of these variants in judicial style include a judge who is combative versus relaxed, more formal versus informal, more humorous and joking versus stern and somber. Is the judge one who spends a great deal of time with his clerks and staff on a daily basis, frequently eating lunch with them, exchanging ideas, sharing thoughts on a conversational level and taking a personal interest in their overall well-being? Or is the judge more impersonal and removed, less accessible and less amenable to ongoing personal contact, perhaps even arrogant? In addition, the judge’s approach to cases may vary, in a range from the more practical to the more theoretical and scholarly. The personality, particular
- Another former clerk of my judge, the Honorable Melanie Cyganowski, agrees with his judicial working style, which she indeed then followed as a judge on the U.S. Bankruptcy Court (Eastern District of New York). She has contrasted her approach of hard work during the business day with that of a colleague on the bench who uses “every available hour” and is regularly in chambers until late at night. “The way that we now run our own court was modeled after our own clerkship experiences … So far both of our judicial loads are being managed and indeed it is all a question of style.”
- Judicial Yellow Book
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Table of Contents 14 results (showing 5 best matches)
Foreword 1 result
- Since the original edition of this book was published, judicial clerkships have evolved into an even more significant and sought-after prize in the legal profession. There are some new online application procedures and timing guidelines have come and gone, yet the underlying advice of this book has proven to be timeless. This newly revised edition provides updated information—current resources and website links—which will continue to shift slightly over time. What will not change is the wonderful world of the courts and clerkships, and the key knowledge contained herein for how to navigate and find the judicial clerkship of your dreams.
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Part IV. Resources for Prospective Judicial Clerks and Their Law SCHOOLS Your search matches the chapter title
- More significantly, these courts differ in terms of the types of experiences that fit best with your personality. For instance, the appellate court is more like an extension of the law school experience: researching, writing, and more academic, with an occasional oral appellate argument and the opportunity to observe decision making in the dynamic of judicial panels. Trial courts tend to be involved more with the nitty gritty of daily trial practice, working with the evidence, the litigants, the jurors and the attorneys on a continual basis, in addition to drafting the opinions, advising the judge on the disposition of motions, and writing jury voir dire questions and jury instructions. The myriad of tasks of the trial court clerk will either appeal to you or overwhelm you, depending on your nature and temperament.
- may be interested in the findings of the National Judicial Clerkship Study in this regard.
- With all the courts, judges and clerkships out there, where do you begin? What should you be looking for in your quest for the judicial clerkship that is perfect for you? There are a number of factors to consider. Together—in whatever combination or degree of emphasis you choose—these factors will comprise the filter through which you evaluate the information gathered as part of your research project. (To help you in your research, I have gathered together the complete array of resources in Chapter 13, ranked and organized by function for your best and most efficient use. As we discuss the factors below, I will along the way mention the best ones for each purpose. Later on, you can go there to view the full enchilada in detail.) As always, remaining flexible in your evaluation of these factors will provide you with a strategic advantage; but remember the golden rule and never apply to a judge for whom you would not want to clerk.
- ...for future appellate practice or academia. However, if you look more closely at the backgrounds of law school professors, you will find that while virtually all of them have the credential of a judicial clerkship, the type of court does vary; many clinical professors pursued trial court clerkships, while often (but not always) the more academic law professors held appellate clerkships. In fact, some law clerks may choose a future practice in corporate law from either route, or another area or career path entirely. I believe that either experience is a benefit and you should choose whichever sounds more interesting and exciting to you (or apply to both if you are unsure). Do you like to work with the people and the facts, or do you like to do intensive research and writing? Both types of clerkships will involve some elements of each, but the overall portrait differs significantly in magnitude. Those who are attracted to one or the other usually also follow a career...
- As explored previously, the specialty courts—courts of limited jurisdiction such as tax, international trade, bankruptcy, military and patent law/intellectual property—may be the types of courts for you to consider as a focus for your clerkship applications. Ultimately, the degree of importance of this factor comes from the personal background and special interests of the individual student. A few years ago when I was Director of Judicial Clerkships at Yale Law School, I had a student who came in the middle of February saying first of all that it was too late, to which I said it was not necessarily so for all courts and judges (February 1st was widely the beginning application date at that time). He raised as his second issue that he really had not previously considered a clerkship, but he had heard about
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- Publication Date: December 9th, 2016
- ISBN: 9781628103823
- Subject: Academic Success
- Series: Career Guides
- Type: Academic/Prof. Development
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Description:
Author Debra M. Strauss, J.D. explains all aspects of clerkships in this newly revised edition. The book includes updated information and resources as your go-to source on judicial clerkships, focusing on what clerkships are, what kind of work clerks do, why you should apply, how to find and apply for the type of clerkship that would be right for you, how to give a strong interview, and why clerkships give you stellar credentials that prospective employers will actively seek out.
Behind the Bench: The Guide to Judicial Clerkships is filled with nuts and bolts advice on all elements of the application process, including building a successful application, interviewing, etiquette of offers and acceptances, and special strategies designed to help you in your quest for the perfect clerkship. To further lay the groundwork for a positive experience, this title also features a special section on how to prepare for your clerkship, as well as the code of conduct for law clerks. As an entrée into the world of the courts, this is an indispensable handbook for every law student and potential judicial clerk!
