JUDICIAL CLERKSHIP HANDBOOK - Cornell University Law School

consent of all parties. Therefore, a magistrate clerk=s duties are similar to the duties of a
district court judge=s clerk, i.e., writing legal memoranda, assisting with courtroom
proceedings, and drafting opinions and recommendations. Note that the appropriate title
to address the Magistrate by is AJudge.”
U.S. COURTS OF APPEALS
The district courts are grouped into circuits (the first through the eleventh circuit and the
D.C. circuit) with one court of appeals in each circuit. The courts of appeals consider
appeals from their district courts and review rulings of administrative tribunals such as the
Board of Immigration Appeal and the National Labor Relations Board. There is also a Court
of Appeals for the Federal Circuit which is located in Washington, D.C. This court has
jurisdiction over appeals from district courts in cases involving patents and certain claims
against the United States, the U.S. Claims Court, the Court of International Trade, the Court
of Veterans Affairs, the Merit Systems Protection Board, the Patent and Trademark Office,
the boards that decide government contract issues, and a few other Article I agencies.
The principal function of the clerk for an appellate judge is to research the issues of law and
fact presented by an appeal and review transcripts of proceedings below for errors by the
trial judge or counsel. Law clerks may be required to prepare bench memos, assist the
judge in preparing for oral argument, draft an opinion pursuant to a judge=s directions, or to
edit and cite check opinions written by the judge. Appellate clerks do attend oral
arguments; however, there is significantly less time spent in court than at the trial level.
Appellate opinions typically contain an exhaustive and detailed analysis of the law, and
these opinions are frequently published.
STAFF ATTORNEYS AND PRO SE CLERKS
In addition to clerkship positions with individual judges, all of the federal circuit courts and
some of the federal district courts also have staff attorney and/or pro se law clerk positions
available. Titles and duties vary somewhat from jurisdiction to jurisdiction, but in general it
can be said that staff attorneys and pro se law clerks perform many of the same tasks
performed by law clerks for individual judges, but they work for the court as a whole or for
particular panels of judges. These tasks include legal research and preparation of
memoranda, dispositions, and orders in various areas of federal law. Typically, at least one‐
half of the cases handled by a staff attorney are cases in which one party is proceding pro
se. Some courts, especially the circuit courts, handle a large number of pro se matters and,
therefore, have pro se clerks who handle these cases exclusively.
The staff attorneys= or pro se law clerks= office may work under the supervision of the chief
judge, a committee of judges, a single judge, a senior attorney, the circuit executive, or the
clerk of the court. The basic criteria used for selecting staff attorneys do not differ from
those used by the judges in selecting their personal Aelbow@ clerks. A demonstrated
interest in and commitment to public interest law is a big plus for positions involving a
substantial number of pro se cases. Some courts classify staff attorney and pro se law clerk
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