Law clerk
Encyclopedia
A law clerk or a judicial clerk is a person who provides assistance to a judge
in researching
issues before the court
and in writing opinions
. Law clerks are not court clerk
s or courtroom deputies, who are administrative staff for the court. Most law clerks are recent law school
graduates who performed at or near the top of their class. Various studies have shown clerks to be influential in the formation of case law
through their influence on judges' decisions. Working as a law clerk generally opens up career opportunities.
While there has been relatively little inquiry comparing clerks across nations, some research has been done comparing clerkship practices in the U.S. with non-U.S. courts. Still, in some countries the position of law clerk does not exist. But in many nations clerk-duties are performed by permanent staff attorneys or junior apprentice-like judges, such as those that sit on France's
Conseil d'État. In English Courts, they are known as Judicial Assistants. The permanent staff attorneys, or clerks—called Referendaires at the European Court of Justice
provide one point of comparison to American clerks. Australian, Canadian, Swedish and Brazilian practices can also help illuminate the similarities and differences across nations.
, the Federal Court of Australia
and most State Supreme Courts) or "Tipstaff" (in the Supreme Court of New South Wales). The positions usually run for one-year, although they are sometimes extended to two years (this is more common in the Supreme Courts).
The duties of associates and tipstaves can include research, reviewing draft judgments and providing feedback or criticism to the judge, reading and summarising court materials, attending to the judge in court, and also assisting with chambers, administrative or personal tasks. On occasion, some associates and tipstaves are asked to write draft judgments, or parts of judgments. However, these duties can vary between different courts, and also depend on the individual judge.
In the High Court, each of the seven High Court judges has two associates at any given time. Usually, one associate is based permanently in Canberra
, the capital of Australia
and the seat of the Court, and one travels with the judge when the Court is on circuit to the other capital cities of Australia. The traveling associate in practice is usually based in the judge's home city. Associateships at the High Court are extremely competitive and usually go to the top graduates from the top law schools of Australia. Each judge has his or her own method for interviewing and appointing associates. Previous associates have written that the nature of the associate's role is different from that of a law clerk in the United States.
The judges of the Federal Court and the Supreme Courts of each State (and Territory) have one associate each. These positions are also very competitive.
There are also research positions available at the superior courts in Australia and the High Court. These positions are similarly staffed by recent law graduates and young lawyers.
or the United Kingdom
). Most provincial superior and appellate courts hire at least one clerk for each judge. Typically students in their last two years of law school are eligible to apply for these positions, but increasingly, experienced practicing lawyers are also considered for these positions. The term typically lasts a year and generally fulfills the articling requirement
for provincial law societies, which qualifies a person to become a practicing lawyer in a Canadian jurisdiction.
The most prestigious clerkship available is with the country's highest court, the Supreme Court of Canada
, followed by the Courts of Appeal of the three most populous provinces: Ontario Court of Appeal, Quebec Court of Appeal
, and British Columbia Court of Appeal
. Each Justice of the Supreme Court hires three clerks for a one-year period. The Court of Appeal for Ontario selects 17 law clerks, who serve either one or two of the 24 Justices. The Quebec Court of Appeal usually hires a similar number of law clerks for both Montreal and Quebec City, but is unusual among Canadian courts in having a formal clerkship program for law students in addition to law graduates. Successful candidates for all clerkships are usually selected based on a distinguished academic record, academic recommendations, strong research and writing skills and interviews with judges. For both the Supreme Court of Canada
and the Quebec Court of Appeal
, being able to work in both English and French is strongly preferred. Many law clerks have gone on to become leaders of the profession. For example, the Hon. Mr. Justice Jean Cote of the Alberta Court of Appeal was one of the very first Supreme Court law clerks, serving as a clerk in the program's inaugural year (1967). Similarly, the Hon. Madam Justice Louise Arbour
, formerly of the Supreme Court of Canada, the International Criminal Tribunal for Rwanda
and the International Criminal Tribunal for the former Yugoslavia
and former UN High Commissioner for Human Rights, also served as a law clerk in the early years of the program. Meanwhile, the Hon. Madam Justice Andromache Karakatsanis
and the Hon. Madam Justice Kathryn N. Feldman of the Ontario Court of Appeal
were formerly law clerks at the same court.
In Canada, a law clerk is also the chief legal counsel to the Senate, the House of Commons
and some provincial or territorial legislative assemblies.
, law clerks are called Judicial Assistants. It is possible to be a Judicial Assistant at the Court of Appeal and at the UK Supreme Court (formerly the Appellate Committee
of the House of Lords
). Only Supreme Court Judicial Assistants are appointed for a full-time, one year fixed term appointment. Since 2006 they have taken part in a week long exchange in Washington DC at the U.S. Supreme Court due to a friendship between Justice Antonin Scalia
and Lord Rodger of Earlsferry.
(ECJ) provides one detailed point of comparison (2000). There are some major differences between ECJ clerks and their American counterparts, largely because of the way the ECJ is structured. One key difference is that ECJ clerks, while hired by individual judges, serve long tenures as opposed to the one-year-clerkship norm at the U.S. Supreme Court. This gives ECJ clerks considerable expertise and power. Because ECJ judges serve six-year renewable terms and do not issue individual opinions, the most important role of ECJ clerks is to facilitate uniformity and continuity across chambers, member-states, and over time.
Furthermore, this role is heightened because the European Union
is composed of very different nations with disparate legal systems. Kenney found that ECJ clerks provide legal and linguistic expertise (all opinions are issued in French), ease the workload of their members, participate in oral and written interactions between chambers, and provide continuity as members rapidly change. While Kenney concludes that they have more power than their counterparts on the U.S. Supreme Court, ECJ clerks act as agents for their principals—judges—and are not the puppeteers that critics suggest.
Law clerks are hired for two years renewable twice. Depending on credentials and curriculum they can be assigned to the bench (magistrat du siège) or the prosecution (parquet or parquet général).
The work of a law clerk entails assisting the judges with writing verdicts and decisions and conducting legal inquiries and research.
The most prestigious clerkships available in France are before the courts of appeals, which review decisions of lower courts.
The largest appeal courts in France are in Paris, Versailles
, Aix-en-Provence
, and Rennes
.
A similar system exists in the administrative courts.
Students of law who, after law school, have passed the first of two required examinations join the , a time of two years consisting of a series of clerkships: for a civil law judge, a criminal law judge or a prosecutor, a government office and finally at a law firm.
In the Federal Supreme Courts (see Judiciary of Germany
) and the office of the Federal Prosecutor General
, the duties of law clerks are performed by (German
for "scientific assistant"). With few exceptions, they are lower court judges or civil servants, assigned for a period of three years to the respective Federal Court, and their clerkships serve as a qualification for a higher judgeship. However, some justices of the Federal Constitutional Court (who have the right to select their personally) prefer clerks from outside the courts or the civil service, especially those who are or were professors of law and who often hire people from academia (sometimes even young law professors). The clerks of the Federal Constitutional Court are deemed very influential and are therefore dubbed the (unofficial) ("Third Senate") as opposed to the two official "senate
s" of 8 justices each which form the court.
law graduates from the country's best law schools go through a competitive nomination and interview process to get accepted as law clerks. The Supreme Court of India
and several High Courts of India
offer paid law clerkships that are considered very prestigious. These clerkships usually last a year and may be extended at the discretion of individual judges.
The Registry of the Supreme Court of India invites applications in January each year for 'law clerk-cum research assistant' positions. The selected applicants are then allocated to work under the sitting judges of the Supreme Court. Usually, one 'law clerk' is assigned to each judge for an year, though some justices are known to engage two or more law clerks at a time. The 'law clerks' usually begin their one-year service period in July each year, soon after the completion of the LL.B. degree, though there have been instances of 'law clerks' serving after having accumulated some work experience.
For the 2010-11 session each judicial clerk at the Supreme Court
was paid Rs 25,000 a month, which may be increased further in the next year. In 2009-2010 each law clerk at the Supreme Court of India was being paid Rs. 20,000 per month.
In addition to this, students from law colleges all over the country are given the opportunity to act as 'legal trainees' under Supreme Court judges during their vacation periods. The institution of law clerks is still a recent development in the context of the Indian judiciary. Anecdotal references indicate that some justices are hesitant to rely on 'law clerks' on account of concerns with confidentiality, especially in politically sensitive disputes. However, their services are heavily relied on to go through the written submissions in order to prepare for the preliminary hearings that are held to decide whether a case should be admitted for a regular hearing on merits. In recent years, the contributions of law clerks to research for judicial opinions has become increasingly evident on account of increasing references to foreign precedents and academic writings.
, duties conferred to law clerks in some common law countries are charged in a person called "Secretario de Acuerdos", for lower courts and, "Secretario de Estudio y Cuenta" for higher court: "Suprema Corte de Justicia de la Nación". Secretario de Acuerdo's main activities are: conduct the public hearings, writing veredicts, order to execute sentences, and providing general assistance to Judges.
and the Philippine Court of Appeals
, recent law graduates and young lawyers can apply for a position as a "Court Attorney" to a Justice. This position basically corresponds to what is called a "law clerk" at the Supreme Court of the United States. Each of the 15 Supreme Court justices has 5 to 10 court attorneys at any given time. Court attorneys at the Supreme Court of the Philippines are co-terminus with their justices. Some stay for one year or less, others stay for as long as their respective justice serves the Court. Previous court attorneys have become notable Justices themselves e.g. Justice Vicente V. Mendoza, Justice Antonio Abad etc. or have gone to hold important positions in the court such as Court Administrators or Deputy Court Administrators. Many of them have gone on to successful legal practice, in business, or in the academe. The position is an extremely difficult one to get accepted to because aside from the competence requirement, there is also the character requirement that differ from one Justice to another. The position is basically a confidential one and the lawyer must enjoy the Justice's trust. Each justice has his or her own method for interviewing and appointing court attorneys.
, top law graduates from the National University of Singapore
and reputable foreign universities, usually only those obtaining first class honours, are invited to join the Supreme Court as Justices' Law Clerks. The Supreme Court comprises the High Court and the Court of Appeal, which is the final court of appeal in Singapore. Upon accepting appointment, Justices' Law Clerks are appointed for a term of one and a half years, with a possible 6 month extension. During their term, the law clerks are given the opportunity to work with both the judges of the High Court as well as the Judges of the Appeal and the Chief Justice. After their term, the law clerks have the option of joining the permanent establishment of the Singapore Legal Service
. If they take up this option, they will be posted to other branches of the Singapore Legal Service, for example as Deputy Public Prosecutors at the Attorney's General Chambers or as Assistant Registrars in the Supreme Court Registry. Many Justice's Law Clerks choose to join private firms after their stint (and several have recently achieved the title of Senior Counsel
), while others have chosen a path in academia.
one can apply for a position as a law clerk ("notarie" in Swedish) either in the Administrative Courts (förvaltningsrätt)http://www.domstol.se/templates/DV_InfoPage____2321.aspx or in the General Courts (tingsrätt
) http://www.domstol.se/templates/DV_InfoPage____2318.aspx. Applicants are rated according to their accumulated points, which are calculated mainly by grades. Higher grades giving higher scores and the one with the highest score applying to any given spot is accepted. One applies to the Swedish Court Agency (Domstolsverket) about six times a year, which calculates the scores and apportions the applicants. The Courts in the bigger cities naturally tends to be most popular, thereby needing the highest scores even if they also have most law clerk positions.
The ratio is about one law clerk per judge, and the clerk switch judge after a time, usually three months. The rationale being that working for different judges broadens the scope of learning.
The term as law clerk is two years, after which the law clerk may opt to apply to the Court of Appeals in the Administrative system or the General system ("kammarrätt" or "hovrätt") and continue on the path that traditionally leads to Judge, or leave the Court system for another career. Having completed the two years is considered qualifying and may open up career opportunities otherwise closed.
The work as a law clerk mainly entails assisting the judges with writing verdicts and decisions, keeping the records during trials and conducting legal inquirys. After about six months the law clerk is trusted with deciding simpler non-disputed issues by himself (such as registering prenuptials or granting adoptions). After about a year the law clerk is entrusted with judging simpler criminal and civil law cases by himself (in General Courts), such as petty theft or a civil case involving low sums of money.
, certain United States district court
s, specialized courts such as the United States Tax Court
and the Delaware Court of Chancery
, and state supreme court
s. Some U.S. district courts provide particularly useful experience for law clerks pursuing specific fields. The Southern District of New York
deals with a heightened volume of high-profile commercial litigation, while the District of Columbia
hears many high-profile disputes involving the federal government
. Similarly, the United States Tax Court specializes in adjudicating disputes over federal income tax
, and the Delaware Court of Chancery hears a substantial volume of corporate and shareholder derivative actions.
Most law clerks are recent law school graduates who performed at or near the top of their class. Federal judges, especially those at the appellate level, often require that applicants for law clerk positions have experience with law review
or moot court
in law school. As such, the law clerk application process is highly competitive, with most federal judges receiving hundreds of applications for only one or two open positions in any given year. State-level trial court judges are less likely to get law clerks with the highest credentials because the majority of such candidates are hired by federal judges or state appellate judges.
Because of the selection criteria, many notable legal figures, professors, and judges were initially law clerks.
Six Supreme Court justices previously clerked for other Supreme Court justices: Byron White
clerked for Frederick M. Vinson, John Paul Stevens
clerked for Wiley Rutledge, Stephen Breyer
clerked for Arthur Goldberg
, William H. Rehnquist clerked for Robert H. Jackson
, John G. Roberts, Jr. clerked for William H. Rehnquist, and Elena Kagan
clerked for Thurgood Marshall
.
Some judges seek to hire law clerks who not only have excelled academically but also share the judge's ideological orientation. However, this occurs mostly at the level of some state supreme courts and the United States Supreme Court. Law clerks can have a great deal of influence on the judges with whom they work.
Upon completing a judicial clerkship, a law clerk often becomes very marketable to elite law firm
s. However, some law clerks decide they enjoy the position so much they continue to serve the judge as a law clerk in a permanent capacity.
or other journal
or moot court
team. Such clerkships are generally seen as more prestigious than those with state judges.
Almost all federal judges have at least one law clerk; many have two or more. Associate Justices of the U.S. Supreme Court are allowed four clerks. Although the Chief Justice is allowed to hire five clerks, Chief Justice Rehnquist hired only three per year, and Chief Justice Roberts usually hires only four. Generally, law clerks serve a term of one to two years; however, some federal judges hire a permanent law clerk. Such judges usually have one permanent law clerk and one or two law clerks who serve on a term basis.
The most prestigious clerkship is one with a U.S. Supreme Court Justice; there are only 36 of these positions available every year. However, in recent times securing a federal court of appeals clerkship with a federal judge has been a prerequisite to clerking on the Supreme Court. The next most prestigious place to clerk is at one of the U.S. courts of appeals. Further, clerkships with a court of appeals judge such as J. Michael Luttig
who sent many clerks on to the Supreme Court, often called feeder judges, (e.g., Alex Kozinski
, J. Harvie Wilkinson III, Merrick Garland) are especially difficult to obtain. Luttig, before his retirement, was the leading "feeder" judge on the U.S. Court of Appeals, with virtually all of his law clerks having gone on to clerk with conservative justices on the Supreme Court
, a total of 40 with 33 clerking for either Justice Thomas or Justice Scalia. This reflects the increasing polarization of the court with both liberal and conservative judges hiring clerks who reflect their ideological orientation.
Generally, the third most sought after clerkship is one with a United States District Court
judge; like the Court of Appeals, some U.S. District Courts are more sought after than others due to the district's popular location. There are also federal clerkships with lower level trial-court judges, like magistrate judges
(who are hired by district court judges), United States Tax Court
Special Trial judges (who are supervised by United States Tax Court
judges), or bankruptcy judges
, whose cases are appealable to United States district court
.
Former federal law clerks are generally highly sought by large firms. Firms believe that such individuals have excellent legal research and writing
skills, and a strong command of the Federal Rules of Civil Procedure
and Federal Rules of Criminal Procedure
. Firms are even more interested in a former law clerk if the firm generally appears before the clerk's former judge. The interest in former law clerks is seen by the fact that most large firms have a special hiring process for former clerks, and often pay such individuals large signing bonuses.
Generally interested candidates apply for federal clerkships roughly a year before the clerkship begins, meaning that law students formally apply early in the fall of their third year. The federal clerkship application process has also largely been streamlined by the National Federal Judges Law Clerk Hiring Plan and the OSCAR system, an online database in which federal judges post upcoming vacancies (although not all federal judges use this system). The National Federal Judges Law Clerk Hiring Plan sets dates for when federal judges may receive applications, and when they may contact, interview, and hire law clerks. Generally, judges begin looking at applications in the early fall (in 2007 it was Tuesday, September 4), with contact and interviews happening a few weeks later. These dates only apply to the hiring of matriculating third-year law students; practicing attorneys may apply earlier. Moreover, while many judges adhere to the National Federal Judges Law Clerk Hiring Plan's schedule, many do not follow the plan and interview and hire law students over the summer. The Supreme Court does not follow this timetable.
As a result of the extreme competition—both by the judges to get the best candidates and by candidates to get the best clerkships—the pace of the hiring is extremely quick. It is not unknown for federal judges to offer a candidate a clerkship at the conclusion of a first interview, and require that the candidate provide an immediate answer. Such job offers have come to be known as "exploding offers." Some have likened the process to land run
s or feeding frenzies
. While a few federal clerkships come available after September, most federal judges complete their hiring before the end of October.
Some scholars and practitioners have questioned the lack of a federal congressional clerkship program. One study found that few top law school graduates have or will take seriously the process of being a legislative aide to gain practical skills after graduation. Instead, recent law school graduates opt for judicial clerkships leaving few in the legal field with practical legislative experience.
and Louis Brandeis
were the first Supreme Court justices to use recent law school graduates as clerks, rather than hiring a "stenographer-secretary."
and the various districts of the California Court of Appeal
have generally avoided using law clerks since the late 1980s.
Instead, California has largely switched to using permanent staff attorneys at all levels of the judiciary; a few judges do use law clerks, but they are quite rare. For example, the Supreme Court of California has over 85 staff attorneys, of whom about half are attached to particular justices and the rest are shared as a central staff. The California system has been heavily criticized for denying young attorneys the chance to gain experience, and low turnover has resulted in a lack of ethnic and gender diversity among the staff attorneys. But most California judges prefer staff attorneys because it avoids the problem of having to bring new law clerks up to speed on pending complex cases, particularly those involving the death penalty.
Judge
A judge is a person who presides over court proceedings, either alone or as part of a panel of judges. The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. The judge is supposed to conduct the trial impartially and in an open...
in researching
Legal research
Legal research is "the process of identifying and retrieving information necessary to support legal decision-making. In its broadest sense, legal research includes each step of a course of action that begins with an analysis of the facts of a problem and concludes with the application and...
issues before the court
Court
A court is a form of tribunal, often a governmental institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in accordance with the rule of law...
and in writing opinions
Legal opinion
In law, an opinion is usually a written explanation by a judge or group of judges that accompanies an order or ruling in a case, laying out the rationale and legal principles for the ruling....
. Law clerks are not court clerk
Court clerk
A court clerk is an officer of the court whose responsibilities include maintaining the records of a court. Another duty is to administer oaths to witnesses, jurors, and grand jurors...
s or courtroom deputies, who are administrative staff for the court. Most law clerks are recent law school
Law school
A law school is an institution specializing in legal education.- Law degrees :- Canada :...
graduates who performed at or near the top of their class. Various studies have shown clerks to be influential in the formation of case law
Case law
In law, case law is the set of reported judicial decisions of selected appellate courts and other courts of first instance which make new interpretations of the law and, therefore, can be cited as precedents in a process known as stare decisis...
through their influence on judges' decisions. Working as a law clerk generally opens up career opportunities.
While there has been relatively little inquiry comparing clerks across nations, some research has been done comparing clerkship practices in the U.S. with non-U.S. courts. Still, in some countries the position of law clerk does not exist. But in many nations clerk-duties are performed by permanent staff attorneys or junior apprentice-like judges, such as those that sit on France's
France
The French Republic , The French Republic , The French Republic , (commonly known as France , is a unitary semi-presidential republic in Western Europe with several overseas territories and islands located on other continents and in the Indian, Pacific, and Atlantic oceans. Metropolitan France...
Conseil d'État. In English Courts, they are known as Judicial Assistants. The permanent staff attorneys, or clerks—called Referendaires at the European Court of Justice
European Court of Justice
The Court can sit in plenary session, as a Grand Chamber of 13 judges, or in chambers of three or five judges. Plenary sitting are now very rare, and the court mostly sits in chambers of three or five judges...
provide one point of comparison to American clerks. Australian, Canadian, Swedish and Brazilian practices can also help illuminate the similarities and differences across nations.
Australia
In Australia, the position of law clerk is known either as "Associate" (in the High Court of AustraliaHigh Court of Australia
The High Court of Australia is the supreme court in the Australian court hierarchy and the final court of appeal in Australia. It has both original and appellate jurisdiction, has the power of judicial review over laws passed by the Parliament of Australia and the parliaments of the States, and...
, the Federal Court of Australia
Federal Court of Australia
The Federal Court of Australia is an Australian superior court of record which has jurisdiction to deal with most civil disputes governed by federal law , along with some summary criminal matters. Cases are heard at first instance by single Judges...
and most State Supreme Courts) or "Tipstaff" (in the Supreme Court of New South Wales). The positions usually run for one-year, although they are sometimes extended to two years (this is more common in the Supreme Courts).
The duties of associates and tipstaves can include research, reviewing draft judgments and providing feedback or criticism to the judge, reading and summarising court materials, attending to the judge in court, and also assisting with chambers, administrative or personal tasks. On occasion, some associates and tipstaves are asked to write draft judgments, or parts of judgments. However, these duties can vary between different courts, and also depend on the individual judge.
In the High Court, each of the seven High Court judges has two associates at any given time. Usually, one associate is based permanently in Canberra
Canberra
Canberra is the capital city of Australia. With a population of over 345,000, it is Australia's largest inland city and the eighth-largest city overall. The city is located at the northern end of the Australian Capital Territory , south-west of Sydney, and north-east of Melbourne...
, the capital of Australia
Australia
Australia , officially the Commonwealth of Australia, is a country in the Southern Hemisphere comprising the mainland of the Australian continent, the island of Tasmania, and numerous smaller islands in the Indian and Pacific Oceans. It is the world's sixth-largest country by total area...
and the seat of the Court, and one travels with the judge when the Court is on circuit to the other capital cities of Australia. The traveling associate in practice is usually based in the judge's home city. Associateships at the High Court are extremely competitive and usually go to the top graduates from the top law schools of Australia. Each judge has his or her own method for interviewing and appointing associates. Previous associates have written that the nature of the associate's role is different from that of a law clerk in the United States.
The judges of the Federal Court and the Supreme Courts of each State (and Territory) have one associate each. These positions are also very competitive.
There are also research positions available at the superior courts in Australia and the High Court. These positions are similarly staffed by recent law graduates and young lawyers.
Canada
Most Canadian courts accept applications for judicial clerkships from graduating law students or experienced lawyers who have already been called to the Bar in Canada or abroad (typically in the United StatesUnited States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
or the United Kingdom
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
). Most provincial superior and appellate courts hire at least one clerk for each judge. Typically students in their last two years of law school are eligible to apply for these positions, but increasingly, experienced practicing lawyers are also considered for these positions. The term typically lasts a year and generally fulfills the articling requirement
Articled clerk
An articled clerk, also known as an articling student, is an apprentice in a professional firm in Commonwealth countries. Generally the term arises in the accountancy profession and in the legal profession. The articled clerk signs a contract, known as "articles of clerkship", committing to a...
for provincial law societies, which qualifies a person to become a practicing lawyer in a Canadian jurisdiction.
The most prestigious clerkship available is with the country's highest court, the Supreme Court of Canada
Supreme Court of Canada
The Supreme Court of Canada is the highest court of Canada and is the final court of appeals in the Canadian justice system. The court grants permission to between 40 and 75 litigants each year to appeal decisions rendered by provincial, territorial and federal appellate courts, and its decisions...
, followed by the Courts of Appeal of the three most populous provinces: Ontario Court of Appeal, Quebec Court of Appeal
Quebec Court of Appeal
The Court of Appeal for Quebec is the highest judicial court in Quebec, Canada....
, and British Columbia Court of Appeal
British Columbia Court of Appeal
The British Columbia Court of Appeal is the highest appellate court in the province of British Columbia, Canada. The BCCA hears appeals from the Supreme Court of British Columbia and a number of boards and tribunals. The BCCA also hears criminal appeals from the Provincial Court of British...
. Each Justice of the Supreme Court hires three clerks for a one-year period. The Court of Appeal for Ontario selects 17 law clerks, who serve either one or two of the 24 Justices. The Quebec Court of Appeal usually hires a similar number of law clerks for both Montreal and Quebec City, but is unusual among Canadian courts in having a formal clerkship program for law students in addition to law graduates. Successful candidates for all clerkships are usually selected based on a distinguished academic record, academic recommendations, strong research and writing skills and interviews with judges. For both the Supreme Court of Canada
Supreme Court of Canada
The Supreme Court of Canada is the highest court of Canada and is the final court of appeals in the Canadian justice system. The court grants permission to between 40 and 75 litigants each year to appeal decisions rendered by provincial, territorial and federal appellate courts, and its decisions...
and the Quebec Court of Appeal
Quebec Court of Appeal
The Court of Appeal for Quebec is the highest judicial court in Quebec, Canada....
, being able to work in both English and French is strongly preferred. Many law clerks have gone on to become leaders of the profession. For example, the Hon. Mr. Justice Jean Cote of the Alberta Court of Appeal was one of the very first Supreme Court law clerks, serving as a clerk in the program's inaugural year (1967). Similarly, the Hon. Madam Justice Louise Arbour
Louise Arbour
Louise Arbour, is the former UN High Commissioner for Human Rights, a former justice of the Supreme Court of Canada and the Court of Appeal for Ontario and a former Chief Prosecutor of the International Criminal Tribunals for the former Yugoslavia and Rwanda...
, formerly of the Supreme Court of Canada, the International Criminal Tribunal for Rwanda
International Criminal Tribunal for Rwanda
The International Criminal Tribunal for Rwanda is an international court established in November 1994 by the United Nations Security Council in Resolution 955 in order to judge people responsible for the Rwandan Genocide and other serious violations of international law in Rwanda, or by Rwandan...
and the International Criminal Tribunal for the former Yugoslavia
International Criminal Tribunal for the former Yugoslavia
The International Tribunal for the Prosecution of Persons Responsible for Serious Violations of International Humanitarian Law Committed in the Territory of the Former Yugoslavia since 1991, more commonly referred to as the International Criminal Tribunal for the former Yugoslavia or ICTY, is a...
and former UN High Commissioner for Human Rights, also served as a law clerk in the early years of the program. Meanwhile, the Hon. Madam Justice Andromache Karakatsanis
Andromache Karakatsanis
Andromache Karakatsanis is a Canadian jurist. She was nominated to the Supreme Court of Canada by Stephen Harper in October 2011. She is the first Greek-Canadian judge on the Court.- Early life :...
and the Hon. Madam Justice Kathryn N. Feldman of the Ontario Court of Appeal
Ontario Court of Appeal
The Court of Appeal for Ontario is headquartered in downtown Toronto, in historic Osgoode Hall....
were formerly law clerks at the same court.
In Canada, a law clerk is also the chief legal counsel to the Senate, the House of Commons
Canadian House of Commons
The House of Commons of Canada is a component of the Parliament of Canada, along with the Sovereign and the Senate. The House of Commons is a democratically elected body, consisting of 308 members known as Members of Parliament...
and some provincial or territorial legislative assemblies.
England and Wales
In England and WalesEngland and Wales
England and Wales is a jurisdiction within the United Kingdom. It consists of England and Wales, two of the four countries of the United Kingdom...
, law clerks are called Judicial Assistants. It is possible to be a Judicial Assistant at the Court of Appeal and at the UK Supreme Court (formerly the Appellate Committee
Judicial functions of the House of Lords
The House of Lords, in addition to having a legislative function, historically also had a judicial function. It functioned as a court of first instance for the trials of peers, for impeachment cases, and as a court of last resort within the United Kingdom. In the latter case the House's...
of the House of Lords
House of Lords
The House of Lords is the upper house of the Parliament of the United Kingdom. Like the House of Commons, it meets in the Palace of Westminster....
). Only Supreme Court Judicial Assistants are appointed for a full-time, one year fixed term appointment. Since 2006 they have taken part in a week long exchange in Washington DC at the U.S. Supreme Court due to a friendship between Justice Antonin Scalia
Antonin Scalia
Antonin Gregory Scalia is an American jurist who serves as an Associate Justice of the Supreme Court of the United States. As the longest-serving justice on the Court, Scalia is the Senior Associate Justice...
and Lord Rodger of Earlsferry.
European Court of Justice
Sally Kenney's article on clerks, or Référendaires, on the European Court of JusticeEuropean Court of Justice
The Court can sit in plenary session, as a Grand Chamber of 13 judges, or in chambers of three or five judges. Plenary sitting are now very rare, and the court mostly sits in chambers of three or five judges...
(ECJ) provides one detailed point of comparison (2000). There are some major differences between ECJ clerks and their American counterparts, largely because of the way the ECJ is structured. One key difference is that ECJ clerks, while hired by individual judges, serve long tenures as opposed to the one-year-clerkship norm at the U.S. Supreme Court. This gives ECJ clerks considerable expertise and power. Because ECJ judges serve six-year renewable terms and do not issue individual opinions, the most important role of ECJ clerks is to facilitate uniformity and continuity across chambers, member-states, and over time.
Furthermore, this role is heightened because the European Union
European Union
The European Union is an economic and political union of 27 independent member states which are located primarily in Europe. The EU traces its origins from the European Coal and Steel Community and the European Economic Community , formed by six countries in 1958...
is composed of very different nations with disparate legal systems. Kenney found that ECJ clerks provide legal and linguistic expertise (all opinions are issued in French), ease the workload of their members, participate in oral and written interactions between chambers, and provide continuity as members rapidly change. While Kenney concludes that they have more power than their counterparts on the U.S. Supreme Court, ECJ clerks act as agents for their principals—judges—and are not the puppeteers that critics suggest.
France
In France law clerks are called assistants de justice. They typically go through a competitive nomination and interview process to get accepted as law clerks. Most French courts accept applications for judicial clerkships from graduating law students. Students in their last year of law school are eligible to apply, although most law clerks are Ph.D. candidates in Law or candidates for a French competitive entrance exam such as the bar exam, French National School for the Judiciary, French National School of Public Finances, or French National School of Court Clerks.Law clerks are hired for two years renewable twice. Depending on credentials and curriculum they can be assigned to the bench (magistrat du siège) or the prosecution (parquet or parquet général).
The work of a law clerk entails assisting the judges with writing verdicts and decisions and conducting legal inquiries and research.
The most prestigious clerkships available in France are before the courts of appeals, which review decisions of lower courts.
The largest appeal courts in France are in Paris, Versailles
Versailles
Versailles , a city renowned for its château, the Palace of Versailles, was the de facto capital of the kingdom of France for over a century, from 1682 to 1789. It is now a wealthy suburb of Paris and remains an important administrative and judicial centre...
, Aix-en-Provence
Aix-en-Provence
Aix , or Aix-en-Provence to distinguish it from other cities built over hot springs, is a city-commune in southern France, some north of Marseille. It is in the region of Provence-Alpes-Côte d'Azur, in the département of Bouches-du-Rhône, of which it is a subprefecture. The population of Aix is...
, and Rennes
Rennes
Rennes is a city in the east of Brittany in northwestern France. Rennes is the capital of the region of Brittany, as well as the Ille-et-Vilaine department.-History:...
.
A similar system exists in the administrative courts.
Germany
In Germany, there are two different kinds of law clerks.Students of law who, after law school, have passed the first of two required examinations join the , a time of two years consisting of a series of clerkships: for a civil law judge, a criminal law judge or a prosecutor, a government office and finally at a law firm.
In the Federal Supreme Courts (see Judiciary of Germany
Judiciary of Germany
The Judiciary of Germany is based on the concept of the , in which the exercise of governmental power is constrained by law. Federal law delineates the structure of the judiciary, but the administration of most courts is regulated by the states of Germany which are responsible for the lower levels...
) and the office of the Federal Prosecutor General
Attorney General of Germany
The Attorney General of Germany is the federal prosecutor of Germany, representing the federal government at the Bundesgerichtshof, the federal court of justice. The office of the Attorney General is located in Karlsruhe. Besides its role in appellate cases, the Attorney General has primary...
, the duties of law clerks are performed by (German
German language
German is a West Germanic language, related to and classified alongside English and Dutch. With an estimated 90 – 98 million native speakers, German is one of the world's major languages and is the most widely-spoken first language in the European Union....
for "scientific assistant"). With few exceptions, they are lower court judges or civil servants, assigned for a period of three years to the respective Federal Court, and their clerkships serve as a qualification for a higher judgeship. However, some justices of the Federal Constitutional Court (who have the right to select their personally) prefer clerks from outside the courts or the civil service, especially those who are or were professors of law and who often hire people from academia (sometimes even young law professors). The clerks of the Federal Constitutional Court are deemed very influential and are therefore dubbed the (unofficial) ("Third Senate") as opposed to the two official "senate
Senate
A senate is a deliberative assembly, often the upper house or chamber of a legislature or parliament. There have been many such bodies in history, since senate means the assembly of the eldest and wiser members of the society and ruling class...
s" of 8 justices each which form the court.
India
In IndiaIndia
India , officially the Republic of India , is a country in South Asia. It is the seventh-largest country by geographical area, the second-most populous country with over 1.2 billion people, and the most populous democracy in the world...
law graduates from the country's best law schools go through a competitive nomination and interview process to get accepted as law clerks. The Supreme Court of India
Supreme Court of India
The Supreme Court of India is the highest judicial forum and final court of appeal as established by Part V, Chapter IV of the Constitution of India...
and several High Courts of India
High Courts of India
India's unitary judicial system is made up of the Supreme Court of India at the national level, for the entire country and the 21 High Courts at the State level. These courts have jurisdiction over a state, a union territory or a group of states and union territories...
offer paid law clerkships that are considered very prestigious. These clerkships usually last a year and may be extended at the discretion of individual judges.
The Registry of the Supreme Court of India invites applications in January each year for 'law clerk-cum research assistant' positions. The selected applicants are then allocated to work under the sitting judges of the Supreme Court. Usually, one 'law clerk' is assigned to each judge for an year, though some justices are known to engage two or more law clerks at a time. The 'law clerks' usually begin their one-year service period in July each year, soon after the completion of the LL.B. degree, though there have been instances of 'law clerks' serving after having accumulated some work experience.
For the 2010-11 session each judicial clerk at the Supreme Court
Supreme court
A supreme court is the highest court within the hierarchy of many legal jurisdictions. Other descriptions for such courts include court of last resort, instance court, judgment court, high court, or apex court...
was paid Rs 25,000 a month, which may be increased further in the next year. In 2009-2010 each law clerk at the Supreme Court of India was being paid Rs. 20,000 per month.
In addition to this, students from law colleges all over the country are given the opportunity to act as 'legal trainees' under Supreme Court judges during their vacation periods. The institution of law clerks is still a recent development in the context of the Indian judiciary. Anecdotal references indicate that some justices are hesitant to rely on 'law clerks' on account of concerns with confidentiality, especially in politically sensitive disputes. However, their services are heavily relied on to go through the written submissions in order to prepare for the preliminary hearings that are held to decide whether a case should be admitted for a regular hearing on merits. In recent years, the contributions of law clerks to research for judicial opinions has become increasingly evident on account of increasing references to foreign precedents and academic writings.
Ireland
In Ireland Judicial Fellows provide support to judges of the High Court comparable to that provided to judges of the Federal Courts of the United States, the Courts of Australia and the European Courts in Luxembourg and Strasbourg. During 2008, ten judicial fellowships were awarded for a two year period to law graduates who are also qualified to practise as barristers or solicitors. They were assigned by the President of the High Court to work directly with one or two judges whose major commitment is to judicial review, chancery, commercial, asylum and competition lists in the High Court.Mexico
In MexicoMexico
The United Mexican States , commonly known as Mexico , is a federal constitutional republic in North America. It is bordered on the north by the United States; on the south and west by the Pacific Ocean; on the southeast by Guatemala, Belize, and the Caribbean Sea; and on the east by the Gulf of...
, duties conferred to law clerks in some common law countries are charged in a person called "Secretario de Acuerdos", for lower courts and, "Secretario de Estudio y Cuenta" for higher court: "Suprema Corte de Justicia de la Nación". Secretario de Acuerdo's main activities are: conduct the public hearings, writing veredicts, order to execute sentences, and providing general assistance to Judges.
New Zealand
Law clerks are referred to as judge's clerks in the Supreme Court, Court of Appeal and High Courts. In the District Court, they are called research counsels. It is a fixed term position of 2 years.Philippines
In the Supreme Court of the PhilippinesSupreme Court of the Philippines
The Supreme Court of the Philippines is the Philippines' highest judicial court, as well as the court of last resort. The court consists of 14 Associate Justices and 1 Chief Justice...
and the Philippine Court of Appeals
Philippine Court of Appeals
The Court of Appeals of the Philippines is the Philippines' second highest judicial court, just after the Supreme Court. The court consists of 68 Associate Justices and 1 Presiding Justice...
, recent law graduates and young lawyers can apply for a position as a "Court Attorney" to a Justice. This position basically corresponds to what is called a "law clerk" at the Supreme Court of the United States. Each of the 15 Supreme Court justices has 5 to 10 court attorneys at any given time. Court attorneys at the Supreme Court of the Philippines are co-terminus with their justices. Some stay for one year or less, others stay for as long as their respective justice serves the Court. Previous court attorneys have become notable Justices themselves e.g. Justice Vicente V. Mendoza, Justice Antonio Abad etc. or have gone to hold important positions in the court such as Court Administrators or Deputy Court Administrators. Many of them have gone on to successful legal practice, in business, or in the academe. The position is an extremely difficult one to get accepted to because aside from the competence requirement, there is also the character requirement that differ from one Justice to another. The position is basically a confidential one and the lawyer must enjoy the Justice's trust. Each justice has his or her own method for interviewing and appointing court attorneys.
Singapore
In SingaporeSingapore
Singapore , officially the Republic of Singapore, is a Southeast Asian city-state off the southern tip of the Malay Peninsula, north of the equator. An island country made up of 63 islands, it is separated from Malaysia by the Straits of Johor to its north and from Indonesia's Riau Islands by the...
, top law graduates from the National University of Singapore
National University of Singapore Faculty of Law
The National University of Singapore, Faculty of Law is the older of Singapore's two law schools. The Faculty was initially established as the Department of Law in the then University of Malaya in 1956, with the first batch of students matriculating in the following year...
and reputable foreign universities, usually only those obtaining first class honours, are invited to join the Supreme Court as Justices' Law Clerks. The Supreme Court comprises the High Court and the Court of Appeal, which is the final court of appeal in Singapore. Upon accepting appointment, Justices' Law Clerks are appointed for a term of one and a half years, with a possible 6 month extension. During their term, the law clerks are given the opportunity to work with both the judges of the High Court as well as the Judges of the Appeal and the Chief Justice. After their term, the law clerks have the option of joining the permanent establishment of the Singapore Legal Service
Singapore Legal Service
The Singapore Legal Service is the collective body of lawyers who serve in the courts, the Attorney-General's Chambers, and the legal departments of various government ministries and statutory boards in Singapore...
. If they take up this option, they will be posted to other branches of the Singapore Legal Service, for example as Deputy Public Prosecutors at the Attorney's General Chambers or as Assistant Registrars in the Supreme Court Registry. Many Justice's Law Clerks choose to join private firms after their stint (and several have recently achieved the title of Senior Counsel
Senior Counsel
The title of Senior Counsel or State Counsel is given to a senior barrister or advocate in some countries, typically equivalent to the title "Queen's Counsel" used in Commonwealth Realms...
), while others have chosen a path in academia.
The Netherlands
Law clerks of the Supreme Court of the Netherlands are independent researchers. Applicants are recruited from the top law firms and universities. For most, it is a highly prestigious second job. Law clerks typically work at the Surpreme Court for six years.Sweden
After successfully obtaining the Swedish law degree called Candidate of LawCandidate of Law
Candidate of Law is the degree awarded to jurists who have passed the law exam in Denmark, Norway, Sweden, Finland and Iceland after studying law for about 5–6 years....
one can apply for a position as a law clerk ("notarie" in Swedish) either in the Administrative Courts (förvaltningsrätt)http://www.domstol.se/templates/DV_InfoPage____2321.aspx or in the General Courts (tingsrätt
Tingsrätt
Tingsrätt , käräjäoikeus or tingrett is a term used for district courts in Sweden, Finland and Norway...
) http://www.domstol.se/templates/DV_InfoPage____2318.aspx. Applicants are rated according to their accumulated points, which are calculated mainly by grades. Higher grades giving higher scores and the one with the highest score applying to any given spot is accepted. One applies to the Swedish Court Agency (Domstolsverket) about six times a year, which calculates the scores and apportions the applicants. The Courts in the bigger cities naturally tends to be most popular, thereby needing the highest scores even if they also have most law clerk positions.
The ratio is about one law clerk per judge, and the clerk switch judge after a time, usually three months. The rationale being that working for different judges broadens the scope of learning.
The term as law clerk is two years, after which the law clerk may opt to apply to the Court of Appeals in the Administrative system or the General system ("kammarrätt" or "hovrätt") and continue on the path that traditionally leads to Judge, or leave the Court system for another career. Having completed the two years is considered qualifying and may open up career opportunities otherwise closed.
The work as a law clerk mainly entails assisting the judges with writing verdicts and decisions, keeping the records during trials and conducting legal inquirys. After about six months the law clerk is trusted with deciding simpler non-disputed issues by himself (such as registering prenuptials or granting adoptions). After about a year the law clerk is entrusted with judging simpler criminal and civil law cases by himself (in General Courts), such as petty theft or a civil case involving low sums of money.
United States
Among the most prestigious clerkships are those with the United States Supreme Court, the United States courts of appealsUnited States court of appeals
The United States courts of appeals are the intermediate appellate courts of the United States federal court system...
, certain United States district court
United States district court
The United States district courts are the general trial courts of the United States federal court system. Both civil and criminal cases are filed in the district court, which is a court of law, equity, and admiralty. There is a United States bankruptcy court associated with each United States...
s, specialized courts such as the United States Tax Court
United States Tax Court
The United States Tax Court is a federal trial court of record established by Congress under Article I of the U.S. Constitution, section 8 of which provides that the Congress has the power to "constitute Tribunals inferior to the supreme Court"...
and the Delaware Court of Chancery
Delaware Court of Chancery
The Delaware Court of Chancery is a court of equity in the American state of Delaware. It is one of Delaware's three constitutional courts, along with the Supreme Court and Superior Court.-Jurisdiction:...
, and state supreme court
State supreme court
In the United States, the state supreme court is the highest state court in the state court system ....
s. Some U.S. district courts provide particularly useful experience for law clerks pursuing specific fields. The Southern District of New York
United States District Court for the Southern District of New York
The United States District Court for the Southern District of New York is a federal district court. Appeals from the Southern District of New York are taken to the United States Court of Appeals for the Second Circuit The United States District Court for the Southern District of New York (in case...
deals with a heightened volume of high-profile commercial litigation, while the District of Columbia
United States District Court for the District of Columbia
The United States District Court for the District of Columbia is a federal district court. Appeals from the District are taken to the United States Court of Appeals for the District of Columbia Circuit The United States District Court for the District of Columbia (in case citations, D.D.C.) is a...
hears many high-profile disputes involving the federal government
Federal government of the United States
The federal government of the United States is the national government of the constitutional republic of fifty states that is the United States of America. The federal government comprises three distinct branches of government: a legislative, an executive and a judiciary. These branches and...
. Similarly, the United States Tax Court specializes in adjudicating disputes over federal income tax
Income tax in the United States
In the United States, a tax is imposed on income by the Federal, most states, and many local governments. The income tax is determined by applying a tax rate, which may increase as income increases, to taxable income as defined. Individuals and corporations are directly taxable, and estates and...
, and the Delaware Court of Chancery hears a substantial volume of corporate and shareholder derivative actions.
Qualifications
Law review
A law review is a scholarly journal focusing on legal issues, normally published by an organization of students at a law school or through a bar association...
or moot court
Moot court
A moot court is an extracurricular activity at many law schools in which participants take part in simulated court proceedings, usually to include drafting briefs and participating in oral argument. The term derives from Anglo Saxon times, when a moot was a gathering of prominent men in a...
in law school. As such, the law clerk application process is highly competitive, with most federal judges receiving hundreds of applications for only one or two open positions in any given year. State-level trial court judges are less likely to get law clerks with the highest credentials because the majority of such candidates are hired by federal judges or state appellate judges.
Because of the selection criteria, many notable legal figures, professors, and judges were initially law clerks.
Six Supreme Court justices previously clerked for other Supreme Court justices: Byron White
Byron White
Byron Raymond "Whizzer" White won fame both as a football halfback and as an associate justice of the Supreme Court of the United States. Appointed to the court by President John F. Kennedy in 1962, he served until his retirement in 1993...
clerked for Frederick M. Vinson, John Paul Stevens
John Paul Stevens
John Paul Stevens served as an Associate Justice of the Supreme Court of the United States from December 19, 1975 until his retirement on June 29, 2010. At the time of his retirement, he was the oldest member of the Court and the third-longest serving justice in the Court's history...
clerked for Wiley Rutledge, Stephen Breyer
Stephen Breyer
Stephen Gerald Breyer is an Associate Justice of the U.S. Supreme Court. Appointed by President Bill Clinton in 1994, and known for his pragmatic approach to constitutional law, Breyer is generally associated with the more liberal side of the Court....
clerked for Arthur Goldberg
Arthur Goldberg
Arthur Joseph Goldberg was an American statesman and jurist who served as the U.S. Secretary of Labor, Supreme Court Justice and Ambassador to the United Nations.-Early life:...
, William H. Rehnquist clerked for Robert H. Jackson
Robert H. Jackson
Robert Houghwout Jackson was United States Attorney General and an Associate Justice of the United States Supreme Court . He was also the chief United States prosecutor at the Nuremberg Trials...
, John G. Roberts, Jr. clerked for William H. Rehnquist, and Elena Kagan
Elena Kagan
Elena Kagan is an Associate Justice of the Supreme Court of the United States, serving since August 7, 2010. Kagan is the Court's 112th justice and fourth female justice....
clerked for Thurgood Marshall
Thurgood Marshall
Thurgood Marshall was an Associate Justice of the United States Supreme Court, serving from October 1967 until October 1991...
.
Some judges seek to hire law clerks who not only have excelled academically but also share the judge's ideological orientation. However, this occurs mostly at the level of some state supreme courts and the United States Supreme Court. Law clerks can have a great deal of influence on the judges with whom they work.
Upon completing a judicial clerkship, a law clerk often becomes very marketable to elite law firm
Law firm
A law firm is a business entity formed by one or more lawyers to engage in the practice of law. The primary service rendered by a law firm is to advise clients about their legal rights and responsibilities, and to represent clients in civil or criminal cases, business transactions, and other...
s. However, some law clerks decide they enjoy the position so much they continue to serve the judge as a law clerk in a permanent capacity.
Federal clerkships
A clerkship with a federal judge is one of the most highly-sought positions in the legal field. Some federal judges receive thousands of applications for a single position, and even the least sought-after federal clerkships will be applied to by at least 50 people. Successful candidates tend to be very high in their class, with most being members of their law school's law reviewLaw review
A law review is a scholarly journal focusing on legal issues, normally published by an organization of students at a law school or through a bar association...
or other journal
Academic journal
An academic journal is a peer-reviewed periodical in which scholarship relating to a particular academic discipline is published. Academic journals serve as forums for the introduction and presentation for scrutiny of new research, and the critique of existing research...
or moot court
Moot court
A moot court is an extracurricular activity at many law schools in which participants take part in simulated court proceedings, usually to include drafting briefs and participating in oral argument. The term derives from Anglo Saxon times, when a moot was a gathering of prominent men in a...
team. Such clerkships are generally seen as more prestigious than those with state judges.
Almost all federal judges have at least one law clerk; many have two or more. Associate Justices of the U.S. Supreme Court are allowed four clerks. Although the Chief Justice is allowed to hire five clerks, Chief Justice Rehnquist hired only three per year, and Chief Justice Roberts usually hires only four. Generally, law clerks serve a term of one to two years; however, some federal judges hire a permanent law clerk. Such judges usually have one permanent law clerk and one or two law clerks who serve on a term basis.
The most prestigious clerkship is one with a U.S. Supreme Court Justice; there are only 36 of these positions available every year. However, in recent times securing a federal court of appeals clerkship with a federal judge has been a prerequisite to clerking on the Supreme Court. The next most prestigious place to clerk is at one of the U.S. courts of appeals. Further, clerkships with a court of appeals judge such as J. Michael Luttig
J. Michael Luttig
J. Michael Luttig is an American lawyer and a former federal appellate court judge.-Education and early work:Born in Tyler, Texas, Luttig graduated from Washington and Lee University in 1976. He then attended the University of Virginia School of Law, where he received his Juris Doctor degree in...
who sent many clerks on to the Supreme Court, often called feeder judges, (e.g., Alex Kozinski
Alex Kozinski
Alex Kozinski is Chief Judge of the United States Court of Appeals for the Ninth Circuit, an essayist, and a judicial commentator.-Biography:...
, J. Harvie Wilkinson III, Merrick Garland) are especially difficult to obtain. Luttig, before his retirement, was the leading "feeder" judge on the U.S. Court of Appeals, with virtually all of his law clerks having gone on to clerk with conservative justices on the Supreme Court
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
, a total of 40 with 33 clerking for either Justice Thomas or Justice Scalia. This reflects the increasing polarization of the court with both liberal and conservative judges hiring clerks who reflect their ideological orientation.
Generally, the third most sought after clerkship is one with a United States District Court
United States district court
The United States district courts are the general trial courts of the United States federal court system. Both civil and criminal cases are filed in the district court, which is a court of law, equity, and admiralty. There is a United States bankruptcy court associated with each United States...
judge; like the Court of Appeals, some U.S. District Courts are more sought after than others due to the district's popular location. There are also federal clerkships with lower level trial-court judges, like magistrate judges
United States magistrate judge
In the United States federal courts, magistrate judges are appointed to assist United States district court judges in the performance of their duties...
(who are hired by district court judges), United States Tax Court
United States Tax Court
The United States Tax Court is a federal trial court of record established by Congress under Article I of the U.S. Constitution, section 8 of which provides that the Congress has the power to "constitute Tribunals inferior to the supreme Court"...
Special Trial judges (who are supervised by United States Tax Court
United States Tax Court
The United States Tax Court is a federal trial court of record established by Congress under Article I of the U.S. Constitution, section 8 of which provides that the Congress has the power to "constitute Tribunals inferior to the supreme Court"...
judges), or bankruptcy judges
United States bankruptcy court
United States bankruptcy courts are courts created under Article I of the United States Constitution. They function as units of the district courts and have subject-matter jurisdiction over bankruptcy cases. The federal district courts have original and exclusive jurisdiction over all cases arising...
, whose cases are appealable to United States district court
United States district court
The United States district courts are the general trial courts of the United States federal court system. Both civil and criminal cases are filed in the district court, which is a court of law, equity, and admiralty. There is a United States bankruptcy court associated with each United States...
.
Former federal law clerks are generally highly sought by large firms. Firms believe that such individuals have excellent legal research and writing
Legal writing
Legal writing is a type of technical writing used by lawyers, judges, legislators, and others in law to express legal analysis and legal rights and duties.- Authority :...
skills, and a strong command of the Federal Rules of Civil Procedure
Federal Rules of Civil Procedure
The Federal Rules of Civil Procedure govern civil procedure in United States district courts. The FRCP are promulgated by the United States Supreme Court pursuant to the Rules Enabling Act, and then the United States Congress has 7 months to veto the rules promulgated or they become part of the...
and Federal Rules of Criminal Procedure
Federal Rules of Criminal Procedure
The Federal Rules of Criminal Procedure are the procedural rules that govern how federal criminal prosecutions are conducted in United States district courts, the general trial courts of the U.S. government. As such, they are the companion to the Federal Rules of Civil Procedure...
. Firms are even more interested in a former law clerk if the firm generally appears before the clerk's former judge. The interest in former law clerks is seen by the fact that most large firms have a special hiring process for former clerks, and often pay such individuals large signing bonuses.
Generally interested candidates apply for federal clerkships roughly a year before the clerkship begins, meaning that law students formally apply early in the fall of their third year. The federal clerkship application process has also largely been streamlined by the National Federal Judges Law Clerk Hiring Plan and the OSCAR system, an online database in which federal judges post upcoming vacancies (although not all federal judges use this system). The National Federal Judges Law Clerk Hiring Plan sets dates for when federal judges may receive applications, and when they may contact, interview, and hire law clerks. Generally, judges begin looking at applications in the early fall (in 2007 it was Tuesday, September 4), with contact and interviews happening a few weeks later. These dates only apply to the hiring of matriculating third-year law students; practicing attorneys may apply earlier. Moreover, while many judges adhere to the National Federal Judges Law Clerk Hiring Plan's schedule, many do not follow the plan and interview and hire law students over the summer. The Supreme Court does not follow this timetable.
As a result of the extreme competition—both by the judges to get the best candidates and by candidates to get the best clerkships—the pace of the hiring is extremely quick. It is not unknown for federal judges to offer a candidate a clerkship at the conclusion of a first interview, and require that the candidate provide an immediate answer. Such job offers have come to be known as "exploding offers." Some have likened the process to land run
Land run
Land run usually refers to an historical event in which previously restricted land of the United States was opened for homesteading on a first arrival basis. Some newly opened lands were sold first-come, sold by bid, or won by lottery, or by means other than a run...
s or feeding frenzies
Feeding frenzy
In ecology, a feeding frenzy is a situation where oversaturation of a supply of food leads to rapid feeding by predatory animals. For example, a large school of fish can cause nearby sharks to enter a feeding frenzy. This can cause the sharks to go wild, biting anything that moves, including each...
. While a few federal clerkships come available after September, most federal judges complete their hiring before the end of October.
Some scholars and practitioners have questioned the lack of a federal congressional clerkship program. One study found that few top law school graduates have or will take seriously the process of being a legislative aide to gain practical skills after graduation. Instead, recent law school graduates opt for judicial clerkships leaving few in the legal field with practical legislative experience.
State clerkships
A clerkship in a state appellate court generally resembles a federal appellate court clerkship, although the position title is often "staff attorney," and state appellate clerkships are usually less competitive and less prestigious than federal clerkships. The position is more likely to be filled with a more experienced attorney on a long-term basis.History
According to James Chace, Oliver Wendell Holmes, Jr.Oliver Wendell Holmes, Jr.
Oliver Wendell Holmes, Jr. was an American jurist who served as an Associate Justice of the Supreme Court of the United States from 1902 to 1932...
and Louis Brandeis
Louis Brandeis
Louis Dembitz Brandeis ; November 13, 1856 – October 5, 1941) was an Associate Justice on the Supreme Court of the United States from 1916 to 1939.He was born in Louisville, Kentucky, to Jewish immigrant parents who raised him in a secular mode...
were the first Supreme Court justices to use recent law school graduates as clerks, rather than hiring a "stenographer-secretary."
Exceptions
The Supreme Court of CaliforniaSupreme Court of California
The Supreme Court of California is the highest state court in California. It is headquartered in San Francisco and regularly holds sessions in Los Angeles and Sacramento. Its decisions are binding on all other California state courts.-Composition:...
and the various districts of the California Court of Appeal
California Court of Appeal
The California Courts of Appeal are the state intermediate appellate courts in the U.S. state of California. The state is geographically divided into six appellate districts...
have generally avoided using law clerks since the late 1980s.
Instead, California has largely switched to using permanent staff attorneys at all levels of the judiciary; a few judges do use law clerks, but they are quite rare. For example, the Supreme Court of California has over 85 staff attorneys, of whom about half are attached to particular justices and the rest are shared as a central staff. The California system has been heavily criticized for denying young attorneys the chance to gain experience, and low turnover has resulted in a lack of ethnic and gender diversity among the staff attorneys. But most California judges prefer staff attorneys because it avoids the problem of having to bring new law clerks up to speed on pending complex cases, particularly those involving the death penalty.