Spotlight on Judicial Clerkships

Judicial clerkship positions are an excellent opportunity for recent law school graduates to extend their legal education and gain invaluable practical skills by working for a judge on the state or federal court level. The following is a brief overview of judicial clerkships and the application process.

What is a judicial clerkship?
Judicial clerkships are typically one- to two-year post graduate positions working for a judge in federal and state courts of general and limited jurisdiction, at both the trial and appellate levels. By working closely with a judge, clerks gain valuable behind-the-scenes perspective while being exposed to a wide range of issues and cases.

What are the job responsibilities?
While some job duties vary depending on the judge and court, a judicial clerkship is largely a research and writing position. Clerks perform research, prepare issue or case summaries, draft internal documents, observe oral arguments, and sit in on conferences. Judicial law clerks will also have the opportunity to discuss cases with the judge and draft opinions.

What does a judge look for in a judicial clerkship candidate?
Hiring criteria can vary from judge to judge. In general, an application for a judicial clerkship should reflect the candidate's strengths in research, writing, and analytical and communication skills. Judges also look for candidates who show good judgment, leadership, and the ability to work with a team. Judicial clerkships with federal or state supreme court judges are more competitive than other clerkship positions and are based largely on academic credentials and law review experience.

What is the application process?
The usual application for a clerkship consists of a cover letter, resume, official law school transcript, letters of reference from law school faculty and legal employers, and a legal writing sample. Procedures vary by judge, court, and state.

For Federal Judicial Clerkships:  OSCAR is the central online resource for federal law clerk and appellate court staff attorney hiring. The web-based system allows applicants to file complete applications and recommenders to file letters of recommendation online. While many federal judges now use this system to post openings and collect applications, others still require applicants to apply directly. BNA's Directory of State and Federal Courts, Judges, and Courts (available in the CSO) provides information on federal and state court structures as well as the contact information for judges at all levels.

For State Judicial Clerkships: The Guide to State Judicial Clerkship Procedures provides information on clerkship opportunities and procedures in all 50 states, the District of Columbia, Guam, and Puerto Rico. Contact the CSO for username and password information.

When are the deadlines for judicial clerkships?
Federal judges are not supposed to accept applications from graduating students until the Tuesday after Labor Day of the candidate's final year of law school. However, students are encouraged to contact federal judges directly to confirm clerkship openings and deadlines. State judges have various deadlines, some as early as the May before the candidate's final year of law school. For this reason, students interested applying for a judicial clerkship should begin preparations the spring semester of their 2L Day or 3L Evening year.

Are there opportunities to work for a judge as a law student?
Absolutely. New England Law offers two judicial internship opportunities for students: the Honors Judicial Internship Program and the Summer Internship Program. Click here for more information. Students may also contact judges and courts directly using the BNA's Directory of State and Federal Courts, Judges, and Courts (available in the CSO).  For a list of court websites by state, visit the National Center for State Courts website.

Interested in learning more about the judicial clerkship experience?
Judicial Clerkship Information Session
Tuesday, April 12th, 4:00 p.m. - 7:00 p.m., Cherry Room
Sponsored by the Faculty Judicial Clerkship Committee

Frequently Asked Questions About Judicial Clerkship Applications

A judicial clerkship is not only a unique opportunity to view behind-the-scenes legal proceedings and see the law from the judge's perspective but it is also a chance to develop valuable professional contacts that can aid in your future job search. If you are currently applying to judicial clerkships and have questions beyond those listed below, please contact our office.


Where can find I find information on judges and clerkship openings?
There are a number of online and print resources available to help you learn more about federal and state judges and courts.

For Federal Judges: 

1. OSCAR is the central online resource for federal law clerk and appellate court staff attorney hiring. The web-based system allows applicants to file complete applications and recommenders to file letters of recommendation online. While many federal judges now use this system to post openings and collect applications, others still require applicants to apply directly. 
2. The Federal Judiciary website provides biographical information on all past and present federal judges. The site also contains information and links to all the federal courts.  
3. BNA's Directory of State and Federal Courts, Judges, and Courts (available in the CSO) provides information on federal and state court structures as well as the contact information for judges at all levels. 

For State Judges:

1.  The Guide to State Judicial Clerkship Procedures provides information on clerkship opportunities and procedures in all 50 states, the District of Columbia, Guam, and Puerto Rico. Contact the CSO for username and password information.
2. Most state court websites provide the names and contact information of judges assigned to each court. For a list of court websites by state, visit the National Center for State Courts website.  
3. BNA's Directory of State and Federal Courts, Judges, and Courts (available in the CSO) also provides information on federal and state court structures as well as the contact information for judges at all levels. 

How should I address my cover letter? 
If the state or court you are applying to uses a centralized application process, check with the hiring contact for the best way to address your letter. When in doubt, use "Dear Honorable Justices".

When addressing a cover letter to an individual judge, use the following guide:
Federal or State Chief Judge
Address Block: The Honorable [full name], Chief Judge
Salutation: Dear Chief Judge [last name]

Federal or State Judge
Address Block: The Honorable [full name]
Salutation: Dear Judge [last name]

Senior Judge
Address Block:  The Honorable [full name], Senior Judge
Salutation: Dear Judge [last name]

State Chief Justice
Address Block: The Honorable[full name], Chief Justice
Salutation: Dear Chief Justice [last name]

State Justice
Address Block: The Honorable[full name], Associate Justice
Salutation: Dear Justice [last name]

Federal Magistrate or Bankruptcy Judge
Address Block: The Honorable [full name], [Title]
Salutation: Dear Judge [last name]


Who should write my letters of recommendation? 
Generally, judicial clerkship applicants should have three letters of recommendation. At least one letter should be from a law school professor. Letters from past legal employers are also preferred.

What should I use as a writing sample? 
Your writing sample should be a memorandum or brief that showcases your ability to research, analyze, and  explain legal  issues. Your sample should not be more than ten pages long and can be from a past legal employer as long as you obtain permission to use it and redact any confidential information. See our previous blog entry for more extensive information on writing samples.

For further reading:
Insight and Inside Information for Select State Court Clerkships (NALP)
Ten Tips to a Top Clerkship (from www.judicialclerkships.com)

Frequently Asked Questions About Writing Samples

What are employers looking for when they ask for a writing sample?
When legal employers ask for a writing sample, they want to see an example of the applicant's strong legal research and analytical skills. Students may use one of the following: a memorandum or brief, a Moot Court brief, or a Law Review or Journal article. If the application is for a judicial clerkship, then an unedited memorandum or brief should be used rather than a journal article.

How long should it be?
Generally, the writing sample should be no more than 10 pages long. If the writing sample is much longer, use an excerpt and include a cover page explaining what the excerpt is taken from.

Can I use something I wrote for a former employer?
Yes, however, always gain permission from the former employer first. All names of clients and other identifying information should be redacted by using fictitious names or crossing out the original names. Applicants should also include a brief cover page noted that the sample is being used with permission.

What if I don't have any good writing samples?
If you are not pleased with your memorandum from your first year writing course and do not have any other samples of your legal writing, you can always revise your original until you think it is a better representation of your current writing ability. Also consider writing an article for an outside publication or entering a writing contest. Getting published or winning a writing contest is not only a great way to prove to an employer your strong writing skills, it also demonstrates initiative and your genuine interest in a particular field.

Do employers really read writing samples?
While some employers confess they only read the first page to an applicant's writing sample, just as many say they read the entire piece. With this in mind, take care that your writing sample is free of typos and is a good representation of your writing abilities. Excellent writing is an essential skill to becoming a lawyer and writing samples will always be an important piece of the legal job search process!

For further reading on this topic:

Strauss, Debra M. "Building a Successful Application."Behind the Bench: The Guide to Judicial Clerkships. The BarBri Group, Inc. 2002 (Available in the CSO.)

Walton, Kimm Alayne. "Handling Writing Samples."Guerrilla Tactics for Getting the Legal Job of Your Dreams.Harcourt Brace. 1995 (Available in the CSO.)

Wojcik, Mark E. "Get Published." Student Lawyer. October 2008 (Vol. 37, No. 2)

Federal Judicial Clerkship Information

Students may apply for federal clerkships using OSCAR, The On-line System for Clerkship Application and Review. OSCAR is a web-based system that enables clerkship applicants to file complete applications and recommenders to file letters of recommendation online. Applicants designate the OSCAR-participating judges to whom they wish to apply.

Over 500 federal judges are expected to use the system this year. Students interested in applying to those judges must do so using OSCAR. All other judicial clerkships may be applied for using the traditional methods.

To use OSCAR, visit https://oscar.symplicity.com/ and click on the “Application Registration” tab to create a profile with contact, background, and educational information. From that point, you can upload application materials, research clerkship vacancies, request recommendations, and submit applications. A complete user manual for using OSCAR is available here: http://oscar.dcd.uscourts.gov/OSCAR.html.

If you encounter any problems using OSCAR please visit the help site and look over the web log, FAQs, and user manual. If you still have questions, contact the Career Services Office at cso@admin.nesl.edu or call 617-422-7229.