The first step in deciding whether to apply for a clerkship is to research the various courts and judges.
A wide range of options is open to those considering a judicial clerkship:
U.S. District Court (94 U.S. district courts)
U.S. Court of Appeals (13 Judicial circuits)
U.S. Supreme Court (applicants are generally only considered after clerking
in another court for one or two years).
Special Federal Courts: U.S. Court of Federal Circuits, U.S. Court of
International Trade, U.S. Bankruptcy Court, U.S. Tax Court, U.S. Court of Veterans
Appeals, some federal Administrative Law Judges, U.S. Magistrates.
State Trial Courts
State Supreme and intermediary Appellate Courts
There are more than 2200 judges in the federal court system and more than 1200
state judges in the appellate courts.
Federal Courts. Each U.S. District Court judge has two or three clerks. Each U.S. Circuit Court of Appeals judge has two or three (sometimes four) clerks. Senior judges often offer a very interesting clerkship opportunity. They may sit less often, but generally have fewer clerks. Judges on the specialty courts hire one or two clerks. Each U.S. Supreme Court Justice has three or four law clerks. Each retired Justice has one clerk. A Supreme Court clerkship usually follows a clerkship for the U.S. Court of Appeals.
Judicial clerkships with the federal courts are generally the most competitive
clerkships. Criteria such as class rank, grades and law review membership weigh
heavily in the hiring decision. Popular cities, such as Boston, New York, Washington,
DC, San Francisco, Los Angeles and Chicago are especially competitive as they
receive a large number of applications.
State Courts. State court judicial clerkships exist at both the
appellate and trial levels. In some courts clerks work directly for a judge;
in other courts the clerks will work as a member of a group of clerks serving
a court system.
The procedure and dates for applying for state clerkships differ from state to state and court to court. The process also varies as to whether you apply centrally to the court or to individual judges.
Although clerkships with state courts are competitive, these courts consider qualifications other than grades and class rank. State courts hire clerks at all levels of academic standing. Factors such as work experience, interest in practicing in the state, and participation in trial competitions at law school are all important.
Because application dates vary widely, check well in advance for the application deadlines for state court clerkships.