WHAT YOU SHOULD KNOW ABOUT JUDICIAL CLERKSHIPS

Transcription

1 WHAT YOU SHOULD KNOW ABOUT JUDICIAL CLERKSHIPS Historically, approximately 15-25% of our graduates have entered judicial clerkships upon graduation or after taking the bar. Although paid clerkships usually do not begin until after graduation, planning and applying for a judicial clerkship frequently begins twelve to fifteen months before the clerkship begins. (Note that some judges hire student clerks, and you might also consider interning for a judge through the practicum program. See the Clinic and Practicum section of The Survival Guide for more information.) Many large employers will defer their associate-attorney start dates to allow the associates to take state appellate or federal judicial clerkships for a year or two first. A judicial clerkship is an excellent opportunity to learn about the inside of the judicial system as well as to strengthen the research and writing skills you will need throughout your career as an attorney. Judicial Clerkships in General Most judicial clerkships begin in August, and most clerks have just completed law school and taken the bar exam. Because of the amount of research and writing judicial clerks perform, Law Review and Journal membership, as well as strong academic credentials are valued by judges. This tends to increase in importance with higher levels of courts. Judicial clerks report that clerkships are a great introduction to the judicial process and to the legal community. Clerks develop lifelong relationships with judges and other clerks upon whom they can call for advice for years to come. As a judicial clerk, you will likely conduct legal research, draft memoranda and opinions, edit, proofread, and cite. You may be responsible for keeping the judge s calendar or for maintaining the library. You will likely be expected to attend conferences with the judge, and you may have the opportunity to sit in court. Which type or level of court interests you may depend upon your personal interests. If you want to be a trial lawyer, you may prefer a district court over an appellate court, for instance. If bankruptcy or tax is your preferred practice area, consider those courts. Judicial clerkships often provide networking opportunities with judges and attorneys. If you want to practice in a particular geographic region, you will increase networking contacts by clerking in that region. Clerkship postings are sometimes sent to the CSO as openings arise. Most jurisdictions also have their own employment opportunities sections on their Web sites, so you should also include those sites in your search in case the jurisdictions don t actively post elsewhere. We pay for you to have access to Vermont Law School s Judicial Clerkship Guide, which includes information on state-level clerkship application procedures and deadlines in all states and can be found at 93 Contact the Career Services Office at cso@gw.hamline.edu for the login and password. State District Court Clerkships The state of Minnesota is divided into ten judicial districts. These districts each encompass several

2 counties, courthouses, and judges (87 counties and 275 judges). These are trial courts, so most cases, from traffic offenses to murder, begin here, and the judges may handle arraignments, scheduling conferences, sentencing, motions, and trials. Each of these judges has a judicial clerk usually a law school graduate - to help with research, writing, scheduling, etc. The clerk also often gets to sit in and observe in court and settlement conferences and may be privy to the decisionmaking process of the judge. The clerks typically stay with the judge for approximately one year after graduation and then move on (sometimes this is just the way it works out, and sometimes this is an explicit agreement from the beginning). Some judges have career clerks or more long-term clerks, however. It is up to the judge. How do you get one of these jobs as a student? As a student, these are somewhat hard to come by because they are typically full-time positions for JD s. That being said, however, there are volunteer, and a rare few paid, opportunities for students. Many judges will take on student volunteers in addition to their paid, full-time clerks. One way to get this experience is through a judicial clerkship practicum at school (where you volunteer for credit). You can check out your registration materials or the Hamline web site for more information on this. These are generally opportunities for 2 and 3Ls, as you need to register for the classes. Another option would be to simply contact the judge on your own and volunteer to work for him or her! You can learn who the judges are (for any court) on the individual court web site or in the directories available in our office. A third, but rare, paid opportunity sometimes arises when a judge has a short-term posting. For example, one Hamline student was able to work for pay after his first year because the judge s full-time/permanent clerk took a leave of absence over the summer to be with her kids! He found out about this opportunity through the Career Services job postings. We also sometimes post Law Clerk Trainee positions for the Second Judicial District (Ramsey County), which are full-time jobs for which part-time students may be eligible. How do you get one of these jobs for after graduation? If you want a judicial clerkship with a state trial court after graduation, you have at least a few options. Most of the jobs open as the current clerk leaves. In other words, most are not posted far in advance; instead, you would just check the job postings regularly when you were close to being done with school and the bar and begin applying for any openings. Most clerks start working in August, so the summer after the bar is typically a time when many openings arise in anticipation of clerks leaving in August. You might also consider contacting judges on your own to see if/when they might have any openings, as each judge and each district does operate on its own schedule to a large degree. A handful of judges recruit one year in advance through on-campus interviewing. State Appellate Court Clerkships Minnesota has two levels of appellate courts, the Court of Appeals and the Supreme Court. The Minnesota Court of Appeals The Court of Appeals consists of sixteen judges, who break into three-judge panels and hear appeals. In other words, if one or both of the parties are not happy with the result of a decision handed down by a district court judge, the parties have a right to have their appeal heard by the Court of Appeals. The Court of Appeals normally sits at the Minnesota Judicial Center in Saint Paul, but the panels will travel around the state to hear cases. Because these are appeals, the court only considers written appellate briefs and oral arguments of the parties; it does not preside over

3 trials. The court is only deciding whether to affirm, reverse, or vacate the district court s decision. The Minnesota Supreme Court The Supreme Court is the highest court in Minnesota and consists of seven judges who are called Justices. The Supreme Court can decide whether or not to hear appeals from the Court of Appeals (so if the parties are not happy with their first shot at appeal, they can try again but it is up to the court whether to hear the cases), and it always reviews Tax and Worker s Compensation Court appeals as well as first-degree murder convictions and statewide election contests. Again, it does not preside over trials or motion hearings, only briefs appealing decisions of a lower court and oral arguments. Disputes about legislative elections are also the province of the Supreme Court. How do you get one of these jobs as a student? Again, these courts rely on law-school graduates as their judicial clerks, but opportunities may exist through a practicum or by self-initiated volunteering. As these courts are higher courts than the district courts, and because the number of judges in these courts combined is only a small fraction of the judges statewide, there is often more competition for these positions. How do you get one of these jobs after graduation? Both of the appellate courts in Minnesota recruit students as they enter their third/last year to come work for the court following graduation (note this is a change from years past when they started recruiting in the second year). Most judges and justices follow a formal application process. Keep your profile updated in Symplicity, check our newsletters, and check the monitors for this year s exact deadlines. Typically, you may choose to apply to either or both courts with the same application. The courts then narrow down the applicants to those they wish to call back for an interview, and then they decide whom to hire. Occasionally, a current clerk will leave or a new judge or justice will be appointed, meaning that vacancies do also sometimes arise later in the third year or even after graduation. You will learn of these openings through Hamline s job bank or the Supreme Court web site: Other judges and justices interview and hire candidates outside of the formal application process, often based on referrals. If you are interested in a particular judge or justice, you should research his or her typical hiring practices and proceed accordingly. Workers Compensation Court and Tax Court Minnesota also has executive-branch (as opposed to judicial-branch) agencies to deal with special areas of law. One of those is the Worker s Compensation Court of Appeals, which consists of five judges, appointed by the governor, who hear workers compensation claims (claims that may arise when one is injured on the job) on appeal or transferred from district court. These judges are lawyers, and they serve six-year terms with the approval of the senate. The Tax Court consists of three judges who must be knowledgeable about tax law, but need not be lawyers. They are also appointed by the governor, with the approval of the Senate, and serve sixyear terms. The Tax Court hears noncriminal tax cases. Both of these courts are headquartered in St. Paul, but both travel around the state to hear cases.

4 How do you get one of these jobs as a student or graduate? Again, check the job postings, apply for a practicum, or volunteer through self-initiated contact! For more information on all of Minnesota s state courts, visit Federal Courts The federal court system is separate from the state court system. The federal court hears cases that arise under federal law (such as kidnapping, firearms laws, intellectual property, assassination cases, bankruptcy, civil rights, or banking laws), questions surrounding interpretation of the United States Constitution, or diversity cases (those between citizens of different states involving more than $75,000 at issue). There are federal district courts, and there are federal appellate courts (including Circuits and the United States Supreme Court). The entire state of Minnesota is one district; some states are divided into eastern and western districts (there are eighty-nine districts in the fifty states there are also districts in D.C., Guam, Puerto Rico, Northern Mariana Islands, and the Virgin Islands, making the total number of district courts ninety-four). Therefore, if you were to file a federal case in Minnesota, it would be with the one federal district court in Minnesota. Some of the judges sit at the courthouse in Minneapolis, others sit in St. Paul, and one magistrate sits in Duluth. The eighteen judges and magistrates will also travel to federal courthouses in Duluth, and Fergus Falls. A magistrate has some, but not all, of the powers of a federal judge, and magistrates and judges are both assigned to the same cases. Any appeals from the district courts would go to the Circuit in which your state sits. For example, Minnesota is in the Eighth Circuit. There are thirteen circuits, each with a court of appeals. The smallest is the First Circuit, with six judges. The largest is the Ninth Circuit, with twenty-eight judges. Then, the Supreme Court will hear appeals by cert. How do you get one of these jobs? Again, these are JD-required positions, but it is also possible to volunteer as a student through a practicum or through self-initiated contact. Obviously, as with the Supreme Courts, positions in any given district are limited and competition is more fierce the higher the level of court. As for post-graduate hiring, the appellate (Circuit) courts have agreed to hire students in the beginning of their third/last year, but some district court judges, may still hire, or at least consider, students in their second/second-to-last year (often in the early fall). Because the hiring procedures/timelines are up to the individual judges, the best sources of information are to check the individual court s web sites for employment information, and also the web site: Check early so you are prepared when the time comes! For federal judges following the third-year hiring plan, you should either use OSCAR ( the online application process) or turn in your materials to us to send in bulk at the appropriate time (currently, the day after Labor Day). If a federal judge is in OSCAR, it is generally expected that you will use this system and apply, and submit letters of recommendation, electronically; these judges do not want, and may not read, paper applications. If they want paper you are not to send your materials in earlier, and they prefer that you not send

5 them on your own (they prefer for them to arrive in bulk from schools). Therefore, if you re interested in a federal clerkship, check in with us well ahead of Labor Day of your third year! (But remember, not all judges abide by this third-year plan, so check with the court and the web site above, and with us because you don t want to miss any second-year deadlines.) There is also the federal bankruptcy court, for which the same rules/ideas apply. General Note: Stay tuned! Each of these courts may change its hiring practices on very short notice. Please consult us and pay attention to our weekly s and announcements if you are interested in applying, to stay up-to-date on procedures and protocols. APPLICATION STRATEGIES Making the Decision Consider your reasons for seeking a clerkship. If you are interested in litigation, for example, you will gain the most direct experience at the trial-court level (either federal or state). If you enjoy indepth research, an appellate position may be more appropriate. When considering relocation, a clerkship is a great way to learn about an area and its legal community. Specialty courts (including bankruptcy if you are interested in business transactions), can provide an excellent introduction and strong credentials for a specific area of practice. In the end, however, any clerkship could be very beneficial. Choosing Your Targets As a general rule, the higher the level of court, the stronger your credentials must be. Another important consideration is the level of competition, geographic (Washington DC will be much more popular than North Dakota) or otherwise. A judge on senior status or a new appointee may not receive as many applications. You can perform basic research on judges through the sources listed below, and you should have a clear reason for each application you make. It is critical that you apply only to judges or courts for which you genuinely hope to clerk. You should not apply for a position you would not take if it were offered (and keep in mind that your first choice might not be the first judge to make you an offer). Some judges may allow you to take a small amount of time to consider an offer, but generally you will be pressured to take the first offer you receive. All interview expenses are the responsibility of the candidate and the clerkship application process can be quite expensive, especially if you receive interviews in more than one location. If you do apply in other states and are asked to interview, notify other chambers to which you have applied that you will be traveling there for an interview. If they are considering you, they may agree to see you during the trip. Also notify the Career Services Office, so we can help you pay for postage or other related expenses. Researching s The Hamline law library has a wealth of resources to help you research judges, so be sure to ask them for help when preparing for an interview or when composing a cover letter. The Career

6 Services Office also has binders including information about many Minnesota state and federal judges (and some about out-of-state judges, as well). The Career Services Office also pays for you to have access to the Minnesota Lawyer Online Judicial Directory, at where you can receive information about various judges. Contact us at for the login and password. Court web sites often include biographical information on judges, as well, as do programs such as Westlaw and Lexis. Several Hamline faculty and staff members have held judicial clerkships and could also be a great resource for you, including the following: FACULTY AND STAFF MEMBERS (and the judges for whom they clerked) Jim Coben The Honorable Robert Renner, U.S. Dist. Ct. (MN) Ken Fox Beth Honetschlager Mary Jo Hunter Judicial Extern to The Honorable Otto R. Skopil, 9 th Cir. Ct. App., 1984 The Honorable Robert Bowen, Minn. Dist. Ct. (4 th Judicial District) Is Tribal Appellate for the Winnebago Tribe of Nebraska; was elected first Chief Justice of the Supreme Court of the Ho-Chunk Nation; served as Appellate for Turtle Mountain Chippewa Tribe Anne Johnson The Honorable Edward J. Parker, MN Ct. App., Robin Magee The Honorable Julian Coats, U.S. Dist. Ct. (MI) Linda Rusch The Honorable Milton I. Shadur, U.S. Dist. Ct. (N.D. Ill.) The Honorable William T. Thinnes, U.S. Bank. Ct. (N.D. Ia.) Michael Scherschlight The Honorable Justice Walter Rogosheske, MN Sup. Ct Peter Thompson The Honorable Miles Lord, U.S. Dist. Ct. (MN) John Weeks The Honorable Miles Lord, U.S. Dist. Ct. (MN) The Honorable Phillip Neville, U.S. Dist. Ct. (MN) Application tips Your written application should generally include your resume, a cover letter, a current transcript (need not be official), a writing sample, and several letters of recommendation. Check for each judge s preferences, as there are many variations (and for federal judges make sure you know whether you re to apply via snail mail or electronically through OSCAR, the user guide and instructions for which can be found at:

7 You want to apply literally as soon as possible. If a judge s posting states applications will start being considered September 1 through January 1, that means you should have your materials to the judge on September 1. Many judges will start reviewing applications and interviewing immediately. Cover letters your letter correctly. This includes title, spelling and salutation. For example: The Honorable Jane Jones U.S. District Court for the Eastern District of Blackacre Dear Jones: (See chart below.) Attention to detail is critical for judicial clerks. Your first paragraph should cover pertinent information such as the term for which you are applying and stand-out information about yourself. If appropriate, also provide any geographical connections. Your next paragraph should lay out, succinctly, your reasons for an interest in a clerkship and this judge and highlight your qualifications. s are typically most interested in legal research and writing experience, and they also consider other unique qualifications. They appreciate sincerity. Finally, thank the judge for his/her consideration. If you will be traveling to the judge s area, also indicate this in your final paragraph. You should also list what enclosures you are sending and the names of those sending recommendation letters on your behalf if they are sending them separately. Keep your letter fairly short and to the point as judges and their clerks review many letters. Career Services will gladly review cover letters upon request. Court/ee Cover Letter and Envelope Salutation Name U.S. Supreme Court Chief Justice U.S. Supreme Court Associate Justice U.S. Court of Appeals The Chief Justice of the United States Justice (Surname) The Supreme Court of the United States Honorable (Full Name) Dear Chief Justice: Dear Justice (Surname): Dear

8 U.S. Court of Appeals Senior U.S. Court of Appeals U.S. District Court U.S. District Court Senior U.S. District Court U.S. Bankruptcy Court U.S. Bankruptcy Court U.S. Magistrate United States Court of Appeals for the (number) Circuit Honorable (Full name) Senior United States Court of Appeals for the (number) Circuit Honorable (full name) United States Court of Appeals for the (number) Circuit United States District Court for the (district name) Senior United States District Court for the (district name) Honorable (full name) United States District Court for the (district name) United States Bankruptcy Court for the (district name) Honorable (full name) United States Bankruptcy Court for the (district name) Chief Magistrate United States District Court for the (district name) Dear Senior Dear Dear Dear Senior Dear (surname) Dear Dear Dear Chief Magistrate

9 U.S. Magistrate Other Federal Courts Other Federal Courts Other Federal Courts State Supreme Courts Chief Justice State Supreme Courts Justice Other State Courts Honorable Magistrate (full name) United States District Court for the (district name) Name of Court Honorable (full name) Name of Court Honorable (full name) Name of Court Chief Justice Supreme Court for the State/Commonwealth of (state name) Honorable Justice (full name) Supreme Court for the State/Commonwealth of (state name) Title of Name of Court Dear Magistrate Dear Dear Dear Dear Chief Justice Dear Justice Dear Envelope Type Law Clerk Application on the outside of the envelope. Writing samples Not all judges wish to receive writing samples with applications, so determine this before sending one. Your sample should be your best legal work, and it should be your work, not something that has been heavily edited. It should be general enough so a reader who is unfamiliar with the specific subject matter will be able to understand it. It must be error-free with respect to cites, spelling and any other possible considerations. Keep it short, if possible (under fifteen pages would be nice), unless otherwise requested. If you use an excerpt, be sure to so indicate on a cover page (see our general Writing Sample tips).

10 Transcripts Most judges will accept an unofficial transcript at the start of the application process (unless the posting specifically asks for an official transcript). We recommend that you obtain one official transcript from the Registrar s Office and make copies of it (rather than printing your transcript from the web). Some judges may request an undergraduate transcript, so plan ahead. Letters of recommendation s typically ask for letters of recommendation as opposed to a list of references. They will generally specify how many letters they wish to receive and sometimes from whom they wish to receive them. They typically want two to three letters. These letters can be vitally important to your consideration by a judge. Faculty members are accustomed to receiving requests for recommendations and may be in the best position to address your analytical and writing abilities. You typically want law school faculty or legal employers who can write about your legal research and writing ability, analytical skills, etc. For that reason, letters from undergraduate professors are sometimes not as helpful. Provide your references with current information such as a resume and transcript and with accurate title and address information. Be sure to give your references sufficient time to draft a letter - emergency requests seldom yield the best possible recommendation. Often, the court will want these letters to be sent separately from your application packet (to ensure their integrity). You should just mention in your cover letter that letters of recommendation will follow from x, y, and z. Then, have the people writing letters seal their envelopes, sign across the seal, and mail them to the address of the court (where you sent your application). Ask them to indicate Law Clerk Application Materials on the outside of the envelope. Don t forget to keep the people helping you out updated as to your progress! Updates Sometimes your position, grades, etc. may change after you submit your materials to a judge. You should keep your application materials current, so if you do receive new grades, rank, honors, etc., write a short letter to the judge setting that forth and providing an updated resume. Interviews You will most likely get a phone call if you are granted an interview. Be sure to return the call promptly (i.e., immediately), and be as flexible as possible in scheduling. At that time, ask what the format and time structure of the interview will be, so you can plan accordingly. If you receive an interview, research opinions the judge has written, as well as those s/he has concurred and dissented on. For any judges below a supreme court level, you may be asked to discuss your opinions on issues related to the jurisdiction s supreme court. You should review your resume and writing sample well and be prepared to discuss anything in them in detail with the judge and/or his/her clerks. Because judges and clerks work in close proximity, the judge will also be trying to get to know you as a person - your likes and dislikes as well as your ability to think on your feet. You are likely to meet clerks and other staff as well - keep in mind that the judge relies heavily

11 on those people in making a decision. Your interview many take a few minutes, or it may take more than an hour. Some judges may already feel confident that you are qualified, and therefore may ask more questions leading to fit than to legal knowledge. Some judges have been known to give students a brief writing assignment to perform on the spot (in an allotted period of time). Just be relaxed, but professional and pleasant, and go with the flow! We have some information shared from past interviewees in our Interview Debriefing forms in our office; check them out (and help us by filling these out after you go on interviews)! Plan to ask questions of your own. Be prepared so you don t ask questions about easily- accessible information; your research should help you to come up with good questions. Offers Unlike fall interviewing where there are rules about holding offers open, judges expect you to accept their offer quite soon, sometimes on the spot. While the first judge who offers a position may not be your first choice, it can be to your disadvantage (and cast Hamline in a bad light) to refuse an offer or defer a decision. Since those who have held clerkships report them to be extremely beneficial and positive experiences, you really have nothing to lose by accepting the first offer. If you re not sure how to proceed, politely thank the judge for the offer, show enthusiasm for the offer, and ask if you could sleep on it (while weighing other options), and then talk to us if you need to before getting back to the judge. Handle this delicate situation with professionalism and finesse. You don t want to offend! Don t play hard to get if you don t have other interesting, legitimate, pending offers. There is little to negotiate (other than perhaps a starting date) because the salaries are set by the government. Once you accept, you should promptly notify other chambers of your decision.