JUDICIAL CLERKSHIP HANDBOOK - Cornell University Law School

More documents

Recommendations

Info

all federal appellate and some district courts are authorized a varied number of staff attorneys, who perform duties for the entire court. These may be one‐ or two‐year clerkships, or, in some cases, career positions. A vast number of clerkships are available on the state level, and as the size and structure of state court systems vary, so too do the type and availability of state court clerkships. Some state court clerkships are one year positions (e.g., the New Jersey Supreme Court) and some are two year positions (e.g., the New York Court of Appeals Central Staff clerkships). Many state courts hire clerks as permanent staff. There are a lot of advantages to a state court clerkship. First, clerking for a state court judge quickly establishes ties to the local legal community. This is especially important, even if you had previous ties to the geographic area. Local practitioners may take the view that a state clerkship evidences a particularly high level of commitment to the area. Also, an important element in considering a state court clerkship is the type of practice you want to move on to after your clerkship is over. Clerking in a state court will give you an opportunity to gain insight into firms for whom you might want to work when your clerkship ends. Or, if you are attracted to working for a state agency, law firm or public interest organization that operates in the state‐court venue, a state court clerkship is invaluable. THE BENEFITS OF A JUDICIAL CLERKSHIP Judicial clerkships are an outstanding learning experience and provide a good bridge between law school and the practice of law. A judicial clerkship provides the opportunity to hone research and writing skills while being exposed to a wide variety of legal issues. Furthermore, a clerkship offers insight into the judicial process and provides practical familiarity with the litigation process. Because law clerks have the opportunity to observe a large number of attorneys in practice, the experience exposes them to a wide range of legal styles and abilities. It may also give insights into local legal employers that can inform decisions about permanent employment. A significant benefit of a judicial clerkship is the mentoring relationship that often develops between a judge and his or her law clerks. The relationship is almost always a very intensely personal one, and former clerks will tell you that the professional and personal relationship has lasted throughout their careers. The experience and training obtained in a judicial clerkship is valued by most law firms, public interest organizations, government agencies and corporations. For instance, 33% of the partners at Cleary, Gottlieb, Steen and Hamilton in New York City began their careers as judicial law clerks. The U.S. Department of Justice actively recruits judicial law clerks for its Honors Program (the only avenue through which entry level attorneys are hired at DOJ). Most public interest fellowship programs value judicial‐clerkship experience. Judicial clerkships are especially beneficial to those interested in pursuing an academic career. Sixty‐three percent of the permanent Cornell Law School faculty were judicial clerks. Finally, even for those who do not seek a career in litigation, clerkships can be quite 2 | P age
valuable. (For further discussion, see Appendix C, “The Value of Judicial Clerkships to a Transactional Career.”) We encourage you to read the feedback we have collected from Cornell graduates who have clerked in federal and state courts. Their comments are overwhelmingly positive and provide tremendous insight into the clerkship experience. Some discuss the clerkship search process as well. Log on to Symplicity (https://law‐cornell‐ csm.symplicity.com/students/index.php) and click the “clerkships” tab. Then select “clerkship evaluation.” You can search by a variety of factors (name, court, city, etc.) or just browse all of the evaluations to get a broad range of information. THE COURTS AND THEIR CLERKSHIPS STATE COURTS Most state‐court systems mirror the structure of the federal system, with trial courts of general jurisdiction, intermediate appellate courts, and a court of last resort. In addition to these courts of general jurisdiction, most states also have trial courts of limited jurisdiction as well. U.S. DISTRICT COURTS District courts have jurisdiction over cases arising under federal question and diversity jurisdiction and comprise the first level of the federal court system. District courts consider a wide range of civil and criminal matters. There are 93 U.S. district courts, located in each of the states (each state has at least one district court, some have as many as four), the District of Columbia, Puerto Rico, the Virgin Islands, Guam, and the Panama Canal Zone. Since district courts are trial courts, a law clerk at this level is involved in the many decisions that take place at every stage of the litigation process. Briefs submitted tend to be shorter than at the appellate level. Decision making is fact oriented. A clerk may assist with discovery disputes, settlement conferences, pretrial, trial, and post‐trial motions, and, in criminal cases, sentencing. Trial court clerks, in general, have substantial contact with attorneys and witnesses. District court opinions are published only when the trial judge elects. MAGISTRATE JUDGES Each federal district court has magistrate judges attached to it. Each district establishes its own rules regarding the assignments that may be made to magistrate judges. Generally, these judicial officers perform many functions similar to those performed by judges, but they do not have the authority to make final decisions. Magistrate judges typically have a great deal of responsibility in handling the pretrial stages of cases ‐ issuing arrest warrants, handling discovery matters, and making recommendation on motions for dismissal and motions for summary judgment. Magistrate judges can try individuals accused of minor criminal offenses and may also conduct all of the proceedings in civil cases upon the 3 | P age
Page 1: JUDICIAL CLERKSHIP HANDBOOK CORNELL
Page 4 and 5: Leadership Libraries 15 LexisNexis
Page 7: INTRODUCTION Clerking for a judge o
Page 11 and 12: positions as Atemporary,” meaning
Page 13 and 14: JUDICIAL FELLOWS PROGRAM Following
Page 15 and 16: above, as one application. SELECTIN
Page 17 and 18: Grades and Other Credentials You do
Page 19 and 20: Cornell University’s Internationa
Page 21 and 22: C Almanac of the Federal Judiciary:
Page 23 and 24: STAFF ATTORNEY AND PRO SE LAW CLERK
Page 25 and 26: COVER LETTER The same concerns abou
Page 27 and 28: WRITING SAMPLES Your writing sample
Page 29 and 30: Although there are no guarantees ab
Page 31: FEDERAL COURT WORKPLACE ISSUES In a
Page 34 and 35: Academic Record What are your grade
Page 36: Jeffrey S. Lehman Chief Judge Frank
Page 40 and 41: torney’s pay rate is comparable t
Page 42 and 43: Circuit and Contact Information 5th
Page 45 and 46: Applying to everyone in October sou
Page 53 and 54: Associate Justice Samuel A. Alito,
Page 55 and 56: APPENDIX K JUDGES WHO HIRED CORNELL
Page 59 and 60:
JUDICIAL CLERKSHIP RESOURCES APPEND
Page 61 and 62:
types of clerkships, how to build a
Page 63 and 64:
The Honorable XXX United States Dis
Page 65 and 66:
The Honorable XXX Supreme Court Sta
Page 67:
Judge Frederick Block U.S. District
show all

JUDICIAL CLERKSHIP HANDBOOK - Cornell University Law School

You also want an ePaper? Increase the reach of your titles

Delete template?

Save as template?