Jump to Navigation
George Mason University School of Law
Home > Career, Clerkships, Jobs > Judicial Clerkship Information

Judicial Clerkship Information

See the list of George Mason University School of Law Judicial Clerkships.

I. Why apply for a Judicial Clerkship?

All students should investigate the possibility of a judicial clerkship. The value of a judicial clerkship to your professional development and ultimate career success cannot be overstated. It is an excellent way to bridge the gap between law school and the practice of law. In recent years, some graduates also have chosen to apply for clerkships after practicing law for a year or two.

Clerks have the rare opportunity to view the judicial process from the perspective of a judge at the start of their careers. Through a clerkship, attorneys sharpen their legal skills, broaden their understanding of procedural issues, and develop a sense of what is, and is not, effective advocacy. In addition, judges often develop mentoring relationships with their clerks, which continue on after the clerkships end.

II. What is a Judicial Clerkship?

The Role of the Judicial Clerk

Judicial clerks read the formal papers submitted by the parties to a dispute, hear their arguments, and research and analyze the relevant law and legal issues. Clerks draft bench memoranda and may assist their judges in drafting opinions. As a judicial clerk, your specific duties are likely to include conducting legal research, drafting memoranda and opinions, editing, proofreading and cite checking. You also may be responsible for maintaining the library or the docket, assembling documents, and performing other duties as assigned. Your attendance and participation may be expected in conferences with the judge regarding pending cases, and you may also have the opportunity to observe motion practice, trials, or to hear appellate oral arguments.

Range of Clerkship Opportunities

Judicial clerkships exist at both the federal and state levels, and there are numerous clerkship opportunities for students with varying backgrounds and accomplishments. Some students do clerkships immediately after graduation, while some graduates practice for one or two years and then do clerkships.

Generally speaking, federal clerkships are considered by many to be very prestigious, and, as a consequence, the application process for federal clerkships is quite competitive. The application process for some state court clerkships may be less competitive, and state court clerkships provide excellent opportunities to gain exposure to the bar in the jurisdiction where you are likely to practice. Specialty Courts, the competitiveness of which varies, provide excellent opportunities to gain practical experience and expertise in a particular area. When considering clerkships, think about the following array of opportunities:

  • Federal Courts: Federal District Courts, Appellate (Circuit) Courts, and Magistrate Judges
  • State Courts: State Supreme and Appellate Courts and General Trial (County and City) Courts
  • Specialty Courts: Court of Federal Claims, Tax Court, Bankruptcy Court, Court of International Trade, Alien Terrorist Removal Court, Military Courts (civilian clerks), Court of Veterans Appeals, International Tribunals, Administrative Law Tribunals (ALJs)
  • Specialty Clerkships: Staff Attorney Positions, Pro Se Clerk Positions

Trial v. Appellate Level Clerkships

There are some basic differences between trial and appellate level clerkships. A trial court judicial clerk’s duties are generally much broader in scope and are likely to offer a greater variety of assignments due to the nature of the court’s work. Trial court clerks may draft opinions (short and long), assist with discovery meetings and conflicts, and attend settlement conferences and trials. Trial court clerks also may review dispositive motions filed by parties, research issues raised in the motions, and draft memoranda for the judge on the issues raised. Extensive contact with attorneys and exposure to law firms and witnesses are invaluable to a student interested in eventually becoming a litigator.

Judicial clerks serving in an appellate-level court review briefs filed by the parties and portions of the record below. They research legal questions, draft bench memoranda, and assist the judge in drafting and editing opinions. Appellate clerks are often present in the courtroom during oral arguments and discuss cases with their judges prior to and after argument. In addition to hiring clerks, many appellate courts also hire staff attorneys. Generally, staff attorneys have the same responsibilities as clerks, but they work for the court as a whole rather than for a particular judge.

Courts that offer exposure to special practice areas include the U.S. Bankruptcy Court, U.S. Court of Federal Claims, U.S. Tax Court, and the U.S. Court of International Trade as well as state specialty courts. Clerks in these chambers generally will perform duties similar to trial court clerks while gaining greater understanding in a particular field of law.

At either level, you will learn by doing. The insight gained into the process and the association with and exposure to specific judges, courts, attorneys, and firms is highly valued by legal employers.

Basic Qualifications

While there are no strict guidelines regarding the minimum qualifications for judicial clerks, generally the positions are competitive and require students who have succeeded in law school, in college, and/or in the work field. Class rank in the top half is usually necessary for federal clerkships. The criteria for state clerkships and specialty federal clerkships are frequently less grade sensitive, especially for candidates with outstanding recommendations and strong writing skills.

As previously mentioned, federal clerkships can be more competitive than at the state court level. In addition, certain circuits, specifically the District of Columbia, the Second, Fourth, Seventh, and the Ninth Circuits, are more popular than others. By the same measure, some clerkships in certain geographic areas are less popular and, hence, less competitive. For example, positions in cities in the midwest (except Chicago) and southwest may have fewer applications than positions in San Francisco, Los Angeles, Boston, New York, or Washington, D.C.

Note for Non-U.S. Citizens: Students who are not U.S. citizens may not be able to serve as federal law clerks. Generally, there are restrictions on the use of federal funds to pay federal salaries to non-U.S. citizens. However, these restrictions do not apply to employment outside the continental United States, so non-U.S. citizens may pursue a federal clerkship in Puerto Rico, Guam, the Virgin Islands, Northern Mariana Islands and Hawaii. Other exceptions may be applicable, both statutory and by treaty with certain countries. The Office of the Assistant Legal Advisor for Treaty Affairs, U.S. State Department maintains a list of treaty-allied countries with respect to restrictions on compensation of non-citizens by the U.S. government. Students who are interested in clerking, but are not U.S. citizens, should specifically inquire about their eligibility. The general information number for the State Department is (202) 647-6575, and the phone number for the General Counsel’s Office at the Administrative Office of the U.S. Courts is (202) 502-1100. In addition, students should check the U.S. Office of Personnel’s website, http://www.opm.gov/employ/html/non_cit.htm, for information about the employment of non-citizens.

Citizenship requirements for state clerkships vary. Non-citizens interested in clerking for a particular state court should contact the court’s clerk.

Clerkship Tenure and Salary

Clerkship appointments generally run one or two years, with a salary range from the low thirties (for some state court positions) to the mid fifties. Students who practice law before clerking generally earn higher salaries as clerks. Some students who obtain federal clerkships and who have prior federal government experience may be able to secure higher salaries commensurate with their years of government service or prior GS level. Also, clerkship salaries may increase after bar passage or the second year of a two-year appointment. See http://www.opm.gov/oca/06tables/indexGS.asp for federal salary information.

An increasing number of state and federal judges are hiring “career clerks” or clerks for three-year tenures or longer. As a result, clerkship positions may open up unexpectedly when, for example, a long-time clerk moves on to a new position in private practice. Some district and appellate courts also hire staff attorneys who clerk for the court as a whole rather than for an individual judge. These kinds of clerkships may be of particular interest to attorneys who choose to practice law for a few years and then pursue a clerkship.

If you join a firm following your clerkship, you generally will be considered a second-year, third-year, or mid-level associate (depending on the length of your clerkship), and your salary will reflect the seniority. Some firms also provide fairly substantial clerkship bonuses. Firms typically provide information on clerkship bonuses and class credit in the “Salary/Stipend Explanation” section of their NALP form which can be found at www.nalpdirectory.com.

III. Application Strategy & Preparation

To enhance their clerkship applications, students should pursue extracurricular activities and develop strong relationships with their professors during their first and second years of law school. One excellent way to increase your chances of obtaining a clerkship is to do an internship or externship for a judge. For George Mason students, this has been especially effective with the Fairfax Circuit Court (through the Legal Clinic) and the United States Court of Federal Claims. Other activities that judges tend to favor are participation on law review, a journal or in writing competitions, moot court and trial advocacy competitions, and clinic experience.

Developing an Application Strategy

Before sending off any applications, sit down and consider your interests, goals, and flexibility for clerking. Research judges to find a good fit for you. For example, perhaps a judge historically hires from your undergraduate institution or from Mason Law. A list of George Mason alumni who have clerked or will clerk is included on the CAAS website. What cities or states would you be willing to live in for one or two years? In what state do you hope to practice? At a minimum, students should consider the following in developing an application strategy:

  • Geographic Area: As noted above, the most competitive areas for clerkships are major urban areas (Boston, New York, Chicago, Washington, D.C., Los Angeles). Judges in other cities may attract fewer applicants. Additionally, students interested in state court clerkships and/or federal district court clerkships should consider clerking where they would like to practice.
  • Hiring Schedule: Many federal and state judges hire in compliance or accordance with the timeline established by the Federal Hiring Plan (see “Federal Courts Step 2.2” below); however, some do not and those judges may begin to hire as early as the fall of the second year for day students (third year for evening students). A judge’s hiring timetable may determine the size of his or her applicant pool. Please speak to CAAS for assistance in identifying and these judges.
  • Ideology: Some students only apply to judges who run for election as Republicans or Democrats or who are appointed by Republican or Democrat presidents or governors based on the students’ political beliefs. Political affiliation is not necessarily a strong indicator as to how a judge will rule on particular issues, and judges resolve many issues that do not implicate strongly held political beliefs. Students should consider whether they could clerk for a judge whose views differ from their own. Many judges welcome clerks who can thoughtfully articulate ideas that differ from the judges’ views.
  • GMU Connection: Students are encouraged to target judges and courts that have traditionally hired GMU law students and judges who have participated in conferences hosted by the Law and Economics Center (LEC). For information about the LEC, visit its website at www.law.gmu.edu/lawecon/. For the names of judges who have participated in the LEC’s conferences, see handout in the CAAS Resource Room. Also, students are strongly encouraged to make an appointment to meet with the Director of the LEC, Dean Frank Buckley, and the LEC’s Director of Special Programs John Giacomini. The LEC is located in the Dean’s Suite on the second floor.
  • Personality: Judges have different personalities and approaches to work. Generally, a judge and his or her clerk work closely together, and students should consider whether they would feel comfortable working for a particular judge before applying for a clerkship.
  • Senior Judges: When a judge takes “senior status,” he or she may choose to carry a regular case load or reduce it to a few cases a year. Senior judges also may sit by designation in courts of other jurisdictions. For example, a senior trial judge may sit by designation in an appellate court and hear and decide cases on appeal. Senior judges may only hire one clerk, making the clerk’s work load comparable to that of clerks for active judges, or two or three clerks. Senior judges may receive fewer applications for clerkships, making them a bit less competitive.
  • New Judges: Students should consider applying to newly nominated and confirmed judges. The competition for clerkships with new judges may not be as great. Several schools and organizations maintain databases of recent federal judicial nominations and confirmations: www.usdoj.gov/olp/nominations.htm, www.judiciary.senate.gov/nominations.cfm, or www.uscourts.gov/vacancies/confirmations.htm.
  • Specialty Courts: For the Court of Federal Claims, Bankruptcy Courts, and other miscellaneous federal courts, the application process varies. In previous years, bankruptcy court judges and some Court of Federal Claims judges have hired students as late as the last semester of their final year of school. To ensure that clerkship positions with specific judges are not being filled earlier, students should check with CAAS, monitor the Federal Law Clerk Information System (FLCIS) (https://lawclerks.ao.uscourts.gov) (until May 2008 when it merges with the OSCAR system), review judicial clerkship postings in the GMU Job Bank on Symplicity CSM, and contact individual judge’s chambers. CAAS traditionally maintains an updated accounting of hiring deadlines for the Court of Federal Claims because so many GMU students clerk on this court.
  • CAAS Job Bank: For all clerkship positions, do not forget to check the GMU’s Job Bank on Symplicity CSM. CAAS routinely receives announcements for federal, state, and specialty judicial clerkship openings.

Application Materials

You will need to have all of the following materials prepared for your clerkship application packets:

  • Current resume
  • Concise, well-written cover letter
  • Law school transcript including class rank
  • Undergraduate transcript(s) (some federal judges require them)
  • Your very best writing sample
  • Two or three confidential recommendation letters (note that in rare instances, some judges (typically state trial court judges) do not require letters of recommendation but require only references)
  • List of references (especially for state judges)

Cover Letters

Your cover letter should be brief and addressed to the judge to whom you are applying. You should state that you are a George Mason University School of Law student, and that you would like to clerk for the judge in a specified year. If you have ties to the geographic area where the judge is located, you may include that information. You should note the application materials you have enclosed. For example:

Dear Judge X:


As a third-year law student at George Mason University School of Law, I am writing to apply for a judicial

clerkship in your chambers for the [ ] term. I am enclosing a resume, transcript and writing sample for your review. Also enclosed are letters of recommendations from Professors X, Y and Z. Thank you for your time and consideration.

Sincerely,

John Smith

If your letters of recommendation will follow under separate cover, you should note this fact in your letter. Additional generic sample cover letters are available in CAAS.

Many former clerks encourage students to write more personalized letters. Those letters may reference connections the student has to the judge’s alma mater, the fact that the student has a particular legal interest in some of the judge’s cases, or why the student is interested clerking for the judge’s court (state or federal, trial or appellate).

Writing Samples

Excellent legal research, analysis and writing skills are absolute necessities. As such, you will

need to demonstrate your abilities to the judge by selecting your very best writing sample. Generally, students use their most academic piece as their writing sample. Journal notes, briefs prepared for moot court competitions, and articles submitted to writing competitions often make good writing samples. Students also may use a memorandum written as a law clerk or judicial intern, with the employer or judge’s permission, or a paper prepared for a writing or seminar class. Speak to your recommenders and CAAS about selecting your best sample.

Letters of Recommendation

In General

Most judges will require two to three letters of recommendation. If a judge requires three letters, at least two of them should be from your law school professors, preferably tenured or tenure-track professors. The third letter, if required, may be from a law school professor, an adjunct or clinical professor, or a legal employer. Choose recommenders who will write specifically about your intellectual abilities and your promise as an attorney as well as about personal traits that suggest what it would be like to have you as a clerk in chambers for a year or more. If you know very influential people whose names are sure to be known by the judge and who can write thoughtful recommendations about you, have them write a recommendation for you.

Students also should make an effort to develop relationships with faculty members whom they intend to ask for letters of recommendation. Most judges require two or three letters of recommendation as part of the application process. The better the professors know you and your legal skills, the stronger their letters of recommendation will be. Students get to know their professors by speaking with them after class or in office hours and by serving as research assistants.

When asking for recommendations, please be sure to give your recommenders sufficient time to write a letter for you and provide them with a resume and a brief note indicating your clerkship preferences and plans. If you ask a tenured or tenure-track professor at the law school for a letter of recommendation, please ask them to email the letter to CAAS at lawcareer@gmu.edu when the letter is ready. CAAS works with the professors to generate their letters of recommendation.

Processing Tenure/Tenure Track Letters of Recommendation

CAAS will prepare faculty letters of recommendation on a first-ready, first-served basis. The processing of recommendations can be very time consuming, and in some cases, you will be asked to assist with this process. For Federal Clerkships, the letters will be available to students a few days before the mailing dates under the Hiring Plan (see “Federal Courts Step 2.2” below). For State Court clerkships, CAAS will notify students as soon as the letters have been processed.

Processing Adjunct and Outside Recommenders Letters of Recommendation

Students need to work directly with their adjunct professors or employers regarding their letters of recommendation. Some students provide spreadsheets to assistants and secretaries; some students are asked to process all the letters for the adjunct or employer. Remember each letter should be addressed to each judge or court to whom you are applying; you should avoid a generic “to whom it may concern” letter format. You should discuss your adjunct’s or employer’s preferences with them directly. For some distinguished adjunct faculty, CAAS will process the letters. These requests are handled on a case-by-case basis and must be discussed with the CAAS point person in charge of letters.

NOTE: Paying for the postage and mailing of letters of recommendation is the applicant’s responsibility.

Confidential recommendations may carry a great deal more weight than ones a judge knows that you have seen. Therefore, if you use a non-faculty recommender, request that the recommender enclose the letter in a sealed envelope, sign across the seal and return the envelope to you for inclusion in your application package.

NOTE: All of your materials should be sent together.

If you mail your materials, send everything (cover letter, resume, transcripts, letters of recommendation, etc.) together in one large envelope. If you faxing or emailing your materials, letters of recommendation may be sent under separate cover.

Federal judges strongly encourage students to submit all of their application materials in one package, including letters of recommendation. If the recommendations are not complete at the time you are otherwise ready to mail your materials, however, it may be best to mail your other materials, noting in the cover letter that the recommendations will follow under separate cover. If you mail your materials without including your letters of recommendation, you will want to send your letters of recommendation as soon as possible because some judges may not review your application packet until it is complete. It is a good idea to wait about a week or two, then call the judge’s secretary or court clerk to make certain

the judge has received all the required application materials. Keep copies of all correspondence and maintain at least one complete set of materials. This will save you time in the event that a packet is lost in the mail.

IV. Application Process & Deadlines

To assist you in navigating clerkship application deadlines, CAAS has created a checklist for the judicial clerkship application process that is term specific (i.e., clerkships that begin in 2009). You should review and become familiar with this checklist in order to comply with the deadlines set forth in these documents. This will help assure the timely submission of completed applications.

FEDERAL COURTS

Step 1 – Determine the Judges and Courts to which you want to Apply

Step 1. - Create an Application Spreadsheet

You MUST create an application spreadsheet using the GMU Symplicity clerkship database that includes the basic information (Judge’s Name, Court, Address, etc.) for each judge to which you are applying. You will create one spreadsheet that contains this information for all federal judges on your application list. You will use this spreadsheet for two purposes: 1) to keep track of your applications and ensure that you send all your materials to each judge that you are applying to; and 2) to address individualized cover letters and letters of recommendation to the judges on your list.

Your Application Spreadsheet will contain the names and addresses of the judges to whom you are applying. Your letter of recommendation will be individually addressed to each judge to whom you apply or to the appropriate contact person for judges participating in centralized hiring. You will use the spreadsheet to create a merge file to produce your individualized cover letters and CAAS will use the same spreadsheet to process your faculty letters of recommendation. Your Application Spreadsheet MUST be sent to lawcareer@gmu.edu by June 13, 2008.

Step 1.2 - Determine the Broad Categories of Judges/Courts to which you wish to apply

As discussed above, there are a variety of clerkships, at the federal level to choose from. Use the tools discussed above under “Developing an Application Strategy” regarding your practice and geographical areas of interest, the type of clerkship experience you wish to have, and where your application will be the most marketable to determine the broad categories (i.e. federal district courts in the Western United States, etc.) of judges to which you wish to apply.

Step 1.3 – Identify specific Judges/Courts to which you wish to apply

There are several online sites that provide general and specific information about federal courts and individual judges. Several of these sources are listed under section VI. Clerkship Resources below.

For general information on the various federal courts and federal judges, visit the U.S. Court’s Website: http://www.uscourts.gov/.

Specific information on how many judges are in a particular court, what judges are hiring, for what terms, their hiring criteria and application procedures can be found at the following sites (see section VI. Clerkship Resources for additional online and written information sources):

TIP: CAAS suggests beginning by first visiting Symplicity CSM to create a list of the judges that interest you based simply on location and/or court. Then you may use the other sources to find any additional judges, locate newly appointed judges, determine whether the judges accept online or paper applications (see Step 2.1 below) and when they accept applications (see Step 2.2 below)

  1. GMU Symplicity CSM: GMU’s career website, Symplicity CSM (https://law-gmu-csm.symplicity.com/students) features a “Clerkship” Module. In this module, every Circuit, District, Magistrate, Court of Federal Claims, Federal Circuit and Court of International Trade judge is listed in alphabetical order. Symplicity CSM allows you to search judges by circuit, district, or city.
  2. OSCAR: Beginning May 2008, OSCAR will become the single centralized resource for notice of available clerkships, clerkship application information, and law clerk employment information. Once an applicant logs into OSCAR (https://oscar.symplicity.com), they may click on individual judges to view the judge’s personal and hiring information, determine their required application materials, and view other requirements and criteria. Information on “Non-OSCAR” judges that do not participate in OSCAR must be obtained from the other sources listed in this section.
  3. Federal Law Clerk Information System: This website will cease to exist as a separate system in May 2008 and will be merged with the OSCAR system. Historically, the Federal Law Clerk Information System (FLCIS) site, available at https://lawclerks.ao.uscourts.gov/, allows prospective applicants to search a national database of federal law clerk vacancies (including magistrate, bankruptcy and the specialized courts) by circuit, court, judge type, and/or clerkship status. Not all judges submit their hiring information to this site and occasionally, information on this site may be incorrect or outdated. Additionally, please note that at the bottom of the “search” page there is a link (https://lawclerks.ao.uscourts.gov/web/jobSearch?TAB=noJobsSearch&ORDERCODE=C) to a list of judges who have reported that they have no clerkship positions or no vacancies.
  4. Call Individual Judge’s Chambers to obtain the information.
  5. Job Banks. Some judges will post their hiring information on Symplicity CSM or in national job banks.

Step 2 - Determine the Judges’ Application Requirements and Hiring Deadlines

Once you have created this spreadsheet, you should then visit OSCAR and FLCIS to determine the judge’s hiring requirements. If the judge is not an OSCAR judge or does not appear on the FLCIS website, we recommend that you contact his/her chambers to ascertain if they are hiring for the term in which you are interested, when and how they will accept application materials, and what application materials the judge requires.

Step 2.1 - Determine whether each Judge accepts applications via mail/email/fax or uses the OSCAR system

There are two ways of applying for a federal clerkship: 1) via paper, fax or email application; or 2) via the Online System for Clerkship Application and Review (OSCAR), a web-based system (https://oscar.symplicity.com).

Non-OSCAR Judges[note 1] accept applications the “old fashioned” way, via mail/fax or email. Requested application materials, application timelines and application methods (i.e. mail vs. email) may vary. These judges may use the OSCAR system simply to advertise their clerkship positions and specify that they wish to receive applications in paper rather than electronic form. You will have to check the specific information sources listed in Step 1.3 above to determine each judge’s specific requirements.

OSCAR: In the fall of 2007, approximately 800 federal judges used OSCAR as their exclusive means of sorting, screening and managing clerkship applications. OSCAR allows judicial clerkship candidates to file application materials and letters of recommendation online with participating judges. OSCAR judges are able to view, sort and screen the applications they receive. OSCAR saves applicants printing and mailing costs and enables chambers to sort through hundreds of applications more efficiently.

If a federal judges is identified as an OSCAR judge, he or she will usually only accept electronic applications submitted through the OSCAR system. This means that you will need to log on to the OSCAR system, identify the judges to which you are applying, upload all of your application materials (cover letter, resume, letters of recommendation), and have the individuals who wrote your letters of recommendation upload their letters into the system. CAAS will only upload tenure/tenure track faculty (and select distinguished adjunct) letters of recommendation to the OSCAR system.

If you are applying to any OSCAR judges, it is important that you understand how to use OSCAR prior to beginning the “hands-on” application process for federal judicial clerkships. Applicant user guides for the OSCAR system can also be found at: http://oscar.dcd.uscourts.gov/user-guides.html. CAAS will also provide OSCAR advice as the system is updated.

TO DETERMINE WHETHER A JUDGE IS AN OSCAR OR NON-OSCAR JUDGE:

  • Use Symplicity CSM to review the list of judges that you have created based on your interests, geographic areas, etc. Symplicity CSM identifies OSCAR judges by placing a blue “OSCAR” in the right hand column (“App Status” Column).
  • Next, use the OSCAR system to verify that the judges identified in Symplicity CSM are still listed as OSCAR judges and to identify any judges that have been recently added to the OSCAR system.
    NOTE: Traditionally, judges officially have until the end of May, to notify OSCAR of their participation in OSCAR; however, additional judges will be added throughout the summer. If judges are newly added, you should be careful to confirm whether to submit your application via mail and/or the OSCAR system as judges who join the process late may accept in both formats.
  • Occasionally there are discrepancies between Symplicity CSM and OSCAR in identifying judges. If this is the case, you should call chambers directly and ask.

Step 2.2 - Determine Whether the Judge Participates in the Federal Law Clerk Hiring Plan

As you research judges and enter information into the excel spreadsheet, one key fact you must determine is whether the judge follows the Federal Law Clerk Hiring Plan (Hiring Plan). Judges that follow the Hiring Plan will not accept or review applications, or interview or extend offers, before specified dates during the fall of your final year of law school. You must determine whether judges follow the Hiring Plan, because that fact will dictate when you send in your application materials. An overview of the Hiring Plan is available at http://www.cadc.uscourts.gov/internet/lawclerk.nsf/Home?OpenForm.

Not all judges follow the timetable set forth in the Hiring Plan. These judges are referred to as “non-complying” judges and they may begin to accept applications as early as the fall of the students 2d/3e year of law school, but more typically begin accepting and reviewing applications in the spring of the applicant’s 2d/3e of law school. Information about the hiring tactics of some non-complying judges can be located on the FLCIS website, but generally information about when a non-complying judge will accept applications is obtained by calling individual chambers.

ALL OSCAR JUDGES FOLLOW THE HIRING PLAN. The OSCAR system is set up in accordance with the Hiring Plan. Therefore, if you have identified a judge as an OSCAR judge, you know that he or she will only accept application materials under the timing of the Hiring Plan.

For Non-OSCAR judges, you will need to check all the sources listed in Step 1.3 above to determine whether or not they follow the timing of the Hiring Plan. If they follow the Hiring Plan, they will not accept application materials before the specified dates listed below. If they do NOT follow the plan, check the sources listed in Step 1.3 above to determine the period of time when the judge is accepting application materials for the clerkship term in which you are interested.

NOTE: Law school graduates/alumni are NOT bound by the Hiring Plan and may apply for a clerkship at any time (see below).

IMPORTANT! Relevant dates under the Hiring Plan for a clerkship beginning Fall 2009:

First Date Applications may be received: Wednesday, September 3, 2008

First Date and Time When Judges May Contact Applicants to Schedule Interviews: Monday, September 8, 2008 at NOON (EDT).

First Date and Time That Interviews May Be Held and Offers Made: Thursday, September 11, 2008 at 8:00 a.m. (EDT)

Link to Critical Hiring Plan Dates for Fall 2008 hiring season:

http://www.cadc.uscourts.gov/internet/lawclerk.nsf/Content/CriticalDates?OpenDocument

TIP: Judges that do not follow the Hiring Plan may not have as many applications as judges participating in the OSCAR system or following the Plan. Therefore, it may be a good strategy to consider applying to as many of these judges as possible. The best method of finding these judges is to determine your general areas of interest (court level, geographic area) and search FLCIS for non-complying judges. If you identify judges of interest, but are not sure whether they follow the Hiring Plan, you should call chambers and speak to the judge’s administrative assistant or law clerks inquire when the judge accepts applications.

If you plan to target non-complying judges, and are interested in a particular geographic area, please let CAAS know, we may be able to help you identify non-complying judges in your particular area of interest.

Step 3 – Confirm that the Judges on your Spreadsheet are Accepting Clerkship Applications

The FLCIS currently lists judges that have hired permanent clerks and/or are no longer accepting clerkship applications (see https://lawclerks.ao.uscourts.gov/web/jobSearch?TAB=noJobsSearch&ORDERCODE=C ). Once the FLCIS system merges with OSCAR, we expect this information to be listed on the OSCAR website. Once your application spreadsheet is final, you should check your list of judges against the list of judges not accepting applications. Removing these judges from your spreadsheet will save you time and money (the costs of paper, printing and compiling), and it is time much better spent earlier, rather than in the fall during the crush of mailing applications under the timing of the Hiring Plan.

STATE COURTS

Step 1 – Determine the Judges and Courts to which you are Applying

Step 1.1 - Create an Application Spreadsheet

You MUST create application spreadsheets that include the basic information (Judge’s Name, Court, Address, etc.) for each judge to which you are applying. If you require letters of recommendation for your applications to state judges, CAAS will process letters of recommendation for tenure, tenure-track and visiting faculty. In order to facilitate the processing of these letters, you must fill out a “State Court Spreadsheet.” You are required to fill out this form with the designated information and email it back to CAAS (lawcareer@gmu.edu) so that your letters of recommendation may be processed in a timely manner. NOTE: If you intend on applying to a state court with a centralized hiring program (e.x., Fairfax, Arlington, Richmond, Norfolk or New Jersey), please put only the name of the court, not the names of the individual judges that comprise that court on the state court spreadsheet. You will create one spreadsheet that contains this information for all judges on your application list. You will use this spreadsheet for two purposes: 1) to keep track of your applications and ensure that you send all your materials to each judge that you are applying to; and 2) to address individualized cover letters and letters of recommendation to the judges on your list.

State Supreme/Appellate Courts:

  • You must inform CAAS of your intent to apply to state supreme and appellate court judges no later than the first week of May, the spring semester of your 2d/3e year; AND
  • You must supply CAAS with a completed state court spreadsheet no later than mid-June (for 2008, by June 13, 2008) in order to have your letters of recommendation completed in a timely manner.

State Trial Courts:

  • You must inform CAAS of your intent to apply to state trial court judges no later than June 1, the summer following your 2d/3e year; AND
  • You must supply CAAS with a completed state court spreadsheet no later than the end of July (for 2007, by July 27, 2008), so that your letters of recommendation are completed in a timely manner.

If your state court spreadsheet is not submitted to CAAS by the applicable deadline, applicant’s faculty letters of recommendations will be completed, but CAAS cannot guarantee that they will be ready for submission by the court’s application deadlines.

Step 1.2 - Determine the Broad Categories of Judges/Courts to which you wish to apply

As discussed above, there are a variety of clerkships at the state level to choose from. Use the tools discussed above under “Developing an Application Strategy” regarding your practice and geographical areas of interest, the type of clerkship experience you wish to have, and where your application will be the most marketable to determine the categories (i.e. state supreme and appellate courts in the Western United States, etc.) of judges and courts to which you wish to apply.

Step 1.3 – Identify specific Judges/Courts to which you wish to apply

There are several online sites that provide general and specific information state courts and individual judges. Several of these sources are listed in section VI. Clerkship Resources below.

Specific information on how many judges are in a particular court, what judges are hiring, for what terms, their hiring criteria and application procedures can be found at the following sites (although as noted above, this list is not exclusive):

  1. The Vermont Law School Guide to State Judicial Clerkship Procedures http://www.vermontlaw.edu/blank_template.cfm?doc_id=94 (contact CAAS for the user name and password).
    • This guide provides general information regarding the hiring practices of the courts of each state.
  2. Individual State Court Websites (e.g., www.courts.state.va.us)
  3. CAAS
    CAAS maintains spreadsheets for various local courts that provide applicants with information such as the judges on the court, addresses, phone numbers, required application materials, hiring requirements and timelines in the Resource Room.
  4. Symplicity CSM/Other Job Banks
    Clerkship (career, term and temporary) postings are regularly placed in the Symplicity CSM job bank or other national job banks.
  5. Call Individual Chambers or Courts

Step 2 - Determine the Judges’ Application Requirements and Hiring Deadlines

State Court clerkships differ from federal clerkships in that each state hires law clerks independently-there is no national centralized hiring system like OSCAR for state clerkships. Some states, like New Jersey, have state-wide centralized hiring plans; some state courts, like the Fairfax, Arlington, Prince William, Alexandria, Richmond and Norfolk Circuit Courts, participate in Fall Recruiting or post deadlines for applications to the entire court in the Symplicity CSM job bank; and in some jurisdictions, like D.C., each judge hires on his/her own timeline.

Step 2.1 - Determine the timetable for applying to state court clerkships

State supreme and appellate courts and/or the individual judges may start hiring their law clerks as early as the fall of the 2d/3e year of law school. Typically, however, state supreme and appellate court judges hire law clerks in the Spring of, or the Summer after, the applicants 2d/3e year.

Most state trial court judges typically begin hiring law clerks in the fall of an applicant’s 3d/4e year or hire on an as-needed (i.e., not annual) basis.

If you intend to apply for state judicial clerkships, please speak with a CAAS counselor for additional information and to determine the appropriate time table for applying to state court level clerkships. For example, some states, like the states of New Jersey and Oregon, have detailed and unique programs for hiring. A copy of New Jersey’s application procedures is maintained in CAAS.

NOTE ON VIRGINIA COURTS:

Some state courts traditionally sought out by George Mason students have set hiring programs. In particular, Arlington, Fairfax, Alexandria, Prince William Circuit Courts, Richmond and Norfolk have set deadlines in the fall of the students’ final year. In 2007, Arlington, Fairfax, Alexandria, Chesterfield, Norfolk, Richmond, and Prince William all participated in the Fall Recruiting program by having CAAS collect resumes and/or arrange interviews on campus. Alexandria,

Step 2.2 - Determine the Application Materials Required for State Court Clerkship Applications

Review the sources listed above in Step 1.3, or contact the courts directly, to determine the application materials requested for each state clerkship for which you wish to apply.

V. Clerkship Interviews

The Interview

Interviews for judicial clerkships tend to be quite different from interviews with other employers. Due to the need for a very close working relationship between judge and clerk, many judges feel free to ask detailed questions about your personal life and habits, family life, views on social, political or legal issues, etc. For example, judges may ask about your favorite books, or Supreme Court Justice, or they may ask about recent Supreme Court decisions. Judges frequently will ask where else you have applied and with whom you have interviewed. Do not be coy. There is a great deal of discussion among judges during the selection process. In addition, some judges will test your analytical and writing abilities under pressure by discussing your writing sample (read it again before the interview), past work experiences, or coursework or by having you write for them while you are there for an interview. For specialty court judges (i.e., court of claims, tax court, bankruptcy judges, family law courts, etc.), be prepared to demonstrate and converse about your interest in and knowledge of the particular field. Many judges also will inquire about why you want to clerk for them in particular and your career plans for the future.

When a member of the judge’s staff calls to invite you for an interview, find out as much as possible about the interview set-up. For example, how long should you plan to spend in the office? With whom will you be meeting besides the judge? If possible, obtain the names of the current clerks and other staff members so they will be easier to remember while you are interviewing. (Also check the BNA directory or Judicial Yellow Book, which may list current clerks and their law schools.)

To prepare for your interview, research the judge, the court, and clerks. Be familiar with the judge’s most significant opinions and the types of legal issues that arise frequently in his or her court. Make certain you know the jurisdiction of the court and its geographical boundaries. In the interview, however, be careful not to reveal the full extent of your research about the judge. Unlike law firm interviews where you are expected to show your knowledge of the firms, a judge may feel uncomfortable if you know too much about his or her biography or opinions.

Feel free to consult former clerks (especially alumni) for helpful advice about how to interview. Read carefully the “Legal Interview Guide” and the “Thank You Letter Guide” available in CAAS. Always treat secretaries, law clerks, interns and anyone else with whom you come into contact at the judge’s chambers with utmost respect. The judge depends heavily on his or her staff for other matters; there is no reason to assume he or she does not also depend on these people to assist in the selection process. You should be very aware that the law clerks are often heavily involved in the interview process. Research the current law clerks, if possible, to prepare for this segment of the interview. Be sure to have copies of everything you sent to the judge with you at the interview. And remember to send a thank you letter as soon as possible after your visit. We also recommend that you review Chapter 8, “Interviews, Offers, Acceptances, and Alternative Outcomes” in Behind the Bench: A Guide to Judicial Clerkships. This is available in CAAS.

Keep in mind that you are responsible for paying your travel expenses to interview with a judge. You may wish to consider this fact before mailing your applications. If you are having financial difficulties, the We Help Each Other Fund may be able to help with your travel expenses for clerkship interviews. To request financial assistance from this fund, you should contact Victoria Huber. In addition, you should try to schedule out-of-town interviews during the same trip, if possible, to cut down on expenses. Once you have an interview lined up with a judge who is out of town, it is appropriate to contact other judges in the same or near-by courthouses and inform the secretary or clerk that you will be in town interviewing with Judge X and would be very happy to also meet with Judge Y if his/her schedule permits. (If these judges do not want to schedule you for an interview, you can consider stopping by the chambers when you are in the courthouse interviewing with another judge. Some George Mason students have in the past “stopped by” chambers when they happened to be in the courthouse interviewing with another judge. PLEASE check with CAAS for tips before you attempt such a rarely used strategy.) Finally, you also may inform a judge in your cover letter that you plan to be in his or her area over the holidays or spring break; you might be able to interview during your vacation.

On very rare occasions, a student decides that he or she cannot work for a particular judge after interviewing with him or her. If you find yourself in this situation, you should speak to a CAAS counselor immediately. CAAS will assist you in withdrawing your name from consideration before the judge makes you an offer.

The Offer

Forget everything you have ever been told about job offers! Traditionally, judges play by different rules. While it is usually customary to be given several days, if not weeks, to decide whether to accept a job offer from a law firm or government agency, an offer made directly by a judge should be accepted on the spot (or no later than 24 hours under special circumstances). While the Federal Law Clerk Hiring Plan discourages judges from requiring that an applicant accept an offer immediately without reasonable time to weigh it against other viable options, most judges will want a response immediately. Regardless of how long a judge may leave the offer open to acceptance, it is not appropriate to hold an offer while waiting to see if something better comes along. Please meet with CAAS before going on your interviews to discuss the offer and acceptance process.

After orally accepting the judge’s offer, you should write to your judge to accept the clerkship formally. The letter should be short. Once you accept an offer be sure to promptly contact all other judges to whom you have applied to remove your name from consideration. Please remember to also advise CAAS of your good news!

VI. Clerkship Resources

Researching Courts and Judges

It is imperative that you research courts and particular judges. You should know whether you are likely to “fit well” with the judge and his or her courtroom. It is also helpful to know judges’ general hiring timetable and application requirements, if available. In addition, for federal court clerkships, it is helpful to know whether a judge has participated in one of George Mason’s Law and Economics conferences. The Law and Economics Center (LEC) is directed by Professor Frank Buckley, and judges who have participated in LEC conferences may be particularly supportive of GMU and its students. CAAS maintains a list of LEC judges or students may speak with the LEC directly.

For general research, there are a variety of electronic and print resources.

Until May 2008, students can use the Federal Law Clerk Information System (https://lawclerks.ao.uscourts.gov). This site is extremely helpful for finding information about judges and their application deadlines. In May 2008, this information will be merged into the OSCAR system discussed below.

Online System for Clerkship Application and Review (OSCAR) (https://oscar.symplicity.com/). Site currently provides information on judges participating in the electronic submission and review of clerkship applications. Beginning May 2008, this site will become the single centralized resource for notice of available clerkships, clerkship application information, and law clerk employment information.

Westlaw (WLD-JUDGE and AFJ databases). Provides contact and biographical information for federal and state judges.

OTHER HELPFUL INTERNET RESOURCES

Web sites

Clerkship Discussion Boards

NOTE: Please approach discussion boards with great caution and critically evaluate the information provided. The postings on discussion boards represent the individual views of current/former clerks and students interested in clerkships. The information may not always be accurate or may reflect solely the view of the individual posting to the board.

HELPFUL BOOKS

For biographies, important rulings, and insights on judges:

  • Almanac of the Federal Judiciary (library reference section)
  • The American Bench: Judges of the Nation (library reference section)
  • Judicial Yellow Book (library reference section and CAAS)
  • Judicial Staff Directory (library reference section)
  • GMU Law and Economic Center’s Cumulative List of Participating Judges (CAAS and
  • Law and Economics Center in the Dean’s Suite)

For addresses and application information:

  • Judicial Yellow Book (library reference section and CAAS)
  • Directory of Minority Judges in the United States (ABA) (library reference)
  • BNA’s Directory of State and Federal Courts, Judges, and Clerks (library reference/CAAS)
  • Federal-State Court Directory (Want Publishing Co.) (library reference section)
  • Vermont Law School Guide to State Judicial Clerkship Procedures (CAAS)
  • Behind the Bench, The Guide to Judicial Clerkships (CAAS)

For general descriptions of court life and duties of a law clerk:

  • Chambers Handbook (CAAS)
  • Law Clerk Handbook (CAAS)
  • Judicial Externships: The Clinic Inside the Courthouse (CAAS)
  • The Courts, an Excellent Place for Attorneys of Color to Launch Their Careers (CAAS)

Footnote:

1 Throughout this document, you will see references to “OSCAR” and “Non-OSCAR judges”. These designations refer to the method through which the judges receive applications. OSCAR judges accept electronic applications filed through the OSCAR website; Non-OSCAR judges do not. In the past, Non-OSCAR judges listed their clerkship positions through the FLCIS website; with the upcoming merger of the two systems, it remains to be seen if these designations will continue to be used, or if new ones will emerge. As of May 2008, judges will be able to list their available clerkship positions through OSCAR even if they do not want electronic applications.

Give to Mason Law

George Mason University
Home Page