Judicial Clerkships & The Court System
A federal or state judicial clerkship, or a job in a court system, is an excellent short-term career option. Such positions are often overlooked by lawyers in transition because of the perception that only graduating law students will be considered; however, most judges look favorably upon experienced applicants.
Attorneys in transition often find that a one- or two-year judicial clerkship is an excellent way to gain valuable experience, develop professional relationships and legitimize a career move or transition. In addition to federal and state district and appellate court clerkships, other court system positions include jobs in bankruptcy court or at the (all-patent law) Federal Circuit, or serving as a magistrate judge, an administrative law judge, a patent judge at the Patent and Trademark Office (PTO) or in the Court of Federal Claims. This list is non-exhaustive; if you are interested in working for a judge or in the court system, please speak with your counselor.
CRITERIA
Judges seek the same credentials from experienced attorneys applying for clerkships as they require from law school applicants; the higher or more prestigious the court, the more stringent the criteria. Most judges seek clerks with the following qualifications.
A law degree from a well-ranked school
Excellent grades
Demonstrated writing ability (i.e., law review)
Strong recommendations from law school professors or law firm supervising attorneys
In the case of federal clerkships, a candidate’s top-notch experience or contacts might forgive a second-tier school or a less than stellar academic record, but the selection criteria will remain quite competitive. On the other hand, applicants for state and local clerkships will find that community involvement, along with personal and professional contacts, will be highly regarded. State and local court judges tend to value applicants with ties to the community, and they often hire graduates from local colleges and law schools.
TIMING
Generally, federal judges hire their clerks a year before the beginning of the clerkship. State and local court judges may be better options for experienced attorneys in transition because they usually hire their clerks closer to the commencement of the clerkship.
Sometimes attorneys in the career transition process can compete for opportunities to clerk for federal judges who hire “out of season,” when the current or incoming clerk is unable to fulfill his or her commitment due to an illness or other unexpected issue. This does not happen very often, but when it does happen, it presents an opportunity. Consult the career services office of your law school or of any local law school, as these offices are often the first to learn about immediate unadvertised opportunities.
Another strategy is to identify and apply to newly appointed judges. Follow the court(s) in which you have an interest to see whether or not there are new judges in the nomination and confirmation processes.
IS A CLERKSHIP RIGHT FOR YOU?
As you research judicial clerkship openings, consider the following:
Are you geographically flexible, or do you need/want to stay close to home?
What level clerkship are you seeking?
Are you open to state AND federal judicial clerkships?
Are you prepared to wait for a clerkship to begin months in the future?
Can you financially afford to pursue a clerkship?
Do you have any friends/mentors or other contacts who have held judicial clerkships or who have judicial contacts?
EXPLORING CLERKSHIP OPPORTUNITIES
The following websites and print resources can help you as you explore your judicial clerkship options: