A law clerk or a judicial clerk is a person, generally someone who provides direct counsel and assistance to a
lawyer or
judge by
researching issues and drafting
legal opinions for cases before the court. Judicial clerks often play significant roles in the formation of
case law through their influence upon judges' decisions and perform some quasi-
secretarial
A secretary, administrative professional, administrative assistant, executive assistant, administrative officer, administrative support specialist, clerk, military assistant, management assistant, office secretary, or personal assistant is a wh ...
duties. Judicial clerks should not be confused with
legal clerk
A paralegal, also known as a legal assistant, or paralegal specialist is a professional who performs tasks that require knowledge of legal concepts but not the full expertise of a lawyer with a license to practice law. The market for paralegals ...
s/
paralegals (also called "law clerks" in Canada),
court clerks
A court clerk (British English: clerk to the court or clerk of the court ; American English: clerk of the court or clerk of court ) is an officer of the court whose responsibilities include maintaining records of a court, administer oaths to witn ...
(clerks of the court), or courtroom deputies who perform other duties within the legal profession and perform more quasi-
secretarial
A secretary, administrative professional, administrative assistant, executive assistant, administrative officer, administrative support specialist, clerk, military assistant, management assistant, office secretary, or personal assistant is a wh ...
duties than law clerks, or
legal secretaries that only provide secretarial and administrative support duties to attorneys and/or judges.
In the United States, judicial law clerks are usually recent
law school graduates who performed at or near the top of their class and/or attended highly ranked law schools. Serving as a law clerk, especially to a
U.S. federal judge
In the United States, federal judges are judges who serve on courts established under Article Three of the U.S. Constitution. They include the chief justice and the associate justices of the U.S. Supreme Court, the circuit judges of the U.S. ...
, is considered to be one of the most prestigious positions in legal circles, and tends to open up wide-ranging opportunities in
academia
An academy (Attic Greek: Ἀκαδήμεια; Koine Greek Ἀκαδημία) is an institution of secondary or tertiary higher learning (and generally also research or honorary membership). The name traces back to Plato's school of philosophy, ...
,
law firm practice, and influential government work.
In some countries, judicial clerks are known as judicial associates or judicial assistants. In many nations, clerk duties are performed by permanent staff attorneys or junior apprentice-like judges, such as those that sit on
France's Conseil d'État. In
English
English usually refers to:
* English language
* English people
English may also refer to:
Peoples, culture, and language
* ''English'', an adjective for something of, from, or related to England
** English national ide ...
courts, they are known as judicial assistants. The
European Court of Justice uses permanent staff attorneys (''référendaires'') and ''stagiaires'' (young law graduates). Australia, Canada, Sweden, and Brazil have notable clerk systems.
Australia
:''See
Judge's associate
A judge's associate is an individual who provides assistance to a judge or court.
In Australia, a judge's associate (not to be confused with a tipstaff) is a recent law graduate or lawyer who performs various duties to assist a specific judge, ...
and
Tipstaff
The Tipstaff is an officer of a court or, in some countries, a law clerk to a judge. The duties of the position vary from country to country. It is also the name of a symbolic rod, which represents the authority of the tipstaff or other officials ...
.''
Canada
Most Canadian courts accept applications for judicial clerkships from graduating law students or experienced lawyers who have already been called to the Bar in Canada or abroad (typically in the
United States
The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territori ...
or the
United Kingdom
The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain, is a country in Europe, off the north-western coast of the European mainland, continental mainland. It comprises England, Scotlan ...
). Most provincial superior and appellate courts hire at least one clerk for each judge. Typically students in their last two years of law school are eligible to apply for these positions, but increasingly, experienced practicing lawyers are also considered for these positions. The term typically lasts a year and generally fulfills the
articling requirement for provincial law societies, which qualifies a person to become a practicing lawyer in a Canadian jurisdiction.
The most prestigious clerkship available is with the country's highest court, the
Supreme Court of Canada, followed by the Federal and provincial Courts of Appeal. Each Justice of the Supreme Court hires four clerks for a one-year period. The Federal Court of Appeal, which is based in Ottawa but hears cases across the country, selects 15 law clerks each year, or one per judge. The Federal Court also hires only one clerk per judge, or about 30 per year in total. The
Court of Appeal for Ontario selects 17 law clerks, who serve either one or two of the 24 Justices. The Quebec Court of Appeal usually hires a similar number of law clerks for both Montreal and Quebec City, but is unusual among Canadian courts in having a formal clerkship program for law students in addition to law graduates. The Court of Appeal for Saskatchewan hires 3 clerks, each of whom are assigned to 2 to 3 judges. The New Brunswick Court of Appeal hires two law graduates, who serve as law clerks working under the direct supervision of the Chief Justice of New Brunswick. Successful candidates for all clerkships are usually selected based on a distinguished academic record, academic recommendations, strong research and writing skills and interviews with judges. For both the
Supreme Court of Canada and the
Quebec Court of Appeal
The Court of Appeal of Quebec (sometimes referred to as Quebec Court of Appeal or QCA) (in French: ''la Cour d'appel du Québec'') is the highest judicial court in Quebec, Canada. It hears cases in Quebec City and Montreal.
History
The Court wa ...
, being able to work in both English and French is strongly preferred.
The Tax Court of Canada hires 12 clerks annually.
Many law clerks have gone on to become leaders of the profession. For example, the Hon. Mr. Justice Jean Cote of the
Alberta Court of Appeal
The Court of Appeal of Alberta (frequently referred to as Alberta Court of Appeal or ABCA) is a Canadian appellate court.
Jurisdiction and hierarchy within Canadian courts
The court is the highest in Alberta, Canada. It hears appeals from the ...
was one of the first Supreme Court law clerks, serving as a clerk in the program's inaugural year (1967). Similarly, the Hon. Madam Justice
Louise Arbour
Louise Bernice Arbour (born February 10, 1947) is a Canadian lawyer, prosecutor and jurist.
Arbour was the UN High Commissioner for Human Rights, a former justice of the Supreme Court of Canada and the Court of Appeal for Ontario and a former ...
, formerly of the Supreme Court of Canada, the
International Criminal Tribunal for Rwanda
The International Criminal Tribunal for Rwanda (ICTR; french: Tribunal pénal international pour le Rwanda; rw, Urukiko Mpanabyaha Mpuzamahanga Rwashyiriweho u Rwanda) was an international court established in November 1994 by the United Nation ...
and the
International Criminal Tribunal for the former Yugoslavia and former
UN High Commissioner for Human Rights
The Office of the United Nations High Commissioner for Human Rights, commonly known as the Office of the High Commissioner for Human Rights (OHCHR) or the United Nations Human Rights Office, is a department of the Secretariat of the United Nati ...
, also served as a law clerk in the early years of the program. Meanwhile, the Hon. Madam Justice
Andromache Karakatsanis
Andromache Karakatsanis (born October 3, 1955) is a Canadian jurist. She was nominated to the Supreme Court of Canada by Stephen Harper in October 2011. She is the first Greek-Canadian judge on the Court.
Early life
Karakatsanis was born in ...
of the Supreme Court of Canada and the Hon. Madam Justice
Kathryn N. Feldman of the
Ontario Court of Appeal
The Court of Appeal for Ontario (frequently referred to as the Ontario Court of Appeal or ONCA) is the appellate court for the province of Ontario, Canada. The seat of the court is Osgoode Hall in downtown Toronto, also the seat of the Law Socie ...
were formerly law clerks at the Ontario Court of Appeal.
England and Wales
In
England and Wales
England and Wales () is one of the three legal jurisdictions of the United Kingdom. It covers the constituent countries England and Wales and was formed by the Laws in Wales Acts 1535 and 1542. The substantive law of the jurisdiction is Eng ...
, law clerks are called judicial assistants. It is possible to be a judicial assistant at the
Court of Appeal and at the
UK Supreme Court (formerly the
Appellate Committee
Whilst the House of Lords of the United Kingdom is the upper chamber of Parliament and has government ministers, it for many centuries had a judicial function. It functioned as a court of first instance for the trials of peers, for impeachments, ...
of the
House of Lords
The House of Lords, also known as the House of Peers, is the upper house of the Parliament of the United Kingdom. Membership is by appointment, heredity or official function. Like the House of Commons, it meets in the Palace of Westminste ...
). Only Supreme Court judicial assistants are appointed for a full-time, one year fixed-term appointment. Since 2006 they have taken part in a week long exchange in Washington DC at the
U.S. Supreme Court
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...
established by the late Justice
Antonin Scalia and
Lord Rodger of Earlsferry
Alan Ferguson Rodger, Baron Rodger of Earlsferry, (18 September 1944 – 26 June 2011) was a Scottish academic, lawyer, and Justice of the Supreme Court of the United Kingdom.
He served as Lord Advocate, the senior Law Officer of Scotla ...
.
European Court of Justice
Sally Kenney's article on clerks, or ''référendaires'', on the
European Court of Justice (ECJ) provides one detailed point of comparison (2000). There are some major differences between ECJ clerks and their American counterparts, largely because of the way the ECJ is structured. One key difference is that ECJ clerks, while hired by individual judges, serve long tenures as opposed to the one-year-clerkship norm at the U.S. Supreme Court. This gives ECJ clerks considerable expertise and power. Because ECJ judges serve six-year renewable terms and do not issue individual opinions, the most important role of ECJ clerks is to facilitate uniformity and continuity across chambers, member-states, and over time.
Furthermore, this role is heightened because the
European Union
The European Union (EU) is a supranational political and economic union of member states that are located primarily in Europe. The union has a total area of and an estimated total population of about 447million. The EU has often been de ...
is composed of very different nations with disparate legal systems. Kenney found that ECJ clerks provide legal and linguistic expertise (all opinions are issued in French), ease the workload of their members, participate in oral and written interactions between chambers, and provide continuity as members rapidly change. While Kenney concludes that they have more power than their counterparts on the U.S. Supreme Court, ECJ clerks act as agents for their principals—judges—and are not the puppeteers that critics claim.
The ECJ also admits a limited number of selected law graduates as ''Stagiaires''. Their duties are more similar to those of the law clerks of the U.S. Supreme Court.
France
In France law clerks are called assistants de justice. They typically go through a competitive nomination and interview process to get accepted as law clerks. Most French courts accept applications for judicial clerkships from graduating law students. Students in their last year of law school are eligible to apply, although most law clerks are Ph.D. candidates in Law or candidates for the bar exam or a French civil service competitive entrance exam such as French National School for the Judiciary, French National School of Public Finances, or French National School of Court Clerks.
In the judicial order
Law clerks (''assistants de justice'') are hired for two years renewable twice. Depending on credentials and curriculum they can be assigned to the bench (magistrat du siège) or the prosecution (parquet or parquet général).
The work of a law clerk entails assisting the judges with writing verdicts and decisions and conducting legal inquiries and research.
The most prestigious clerkships available in France are before courts of appeals, which review decisions of lower courts.
In the administrative order
A similar system exists in the administrative courts, including the Conseil d'Etat.
Germany
In Germany, there are two different kinds of law clerks.
Students of law who, after law school, have passed the first of two required examinations join the ', a time of two years consisting of a series of clerkships: for a civil law judge, a criminal law judge or a prosecutor, a government office and finally at a law firm. The purpose of this clerkship is solely the legal education of the clerk (Referendar) and not giving assistance to his instructor.
In the
Federal Supreme Courts (see
Judiciary of Germany
The judiciary of Germany is the system of courts that interprets and applies the law in Germany.
The German legal system is a civil law mostly based on a comprehensive compendium of statutes, as compared to the common law systems. In criminal an ...
) and the office of the
Federal Prosecutor General, the duties of law clerks are performed by ' (
German
German(s) may refer to:
* Germany (of or related to)
** Germania (historical use)
* Germans, citizens of Germany, people of German ancestry, or native speakers of the German language
** For citizens of Germany, see also German nationality law
**Ge ...
for "scientific assistant"). With few exceptions, they are lower court judges or civil servants, assigned for a period of three years to the respective Federal Court, and their clerkships serve as a qualification for a higher judgeship. However, some justices of the
Federal Constitutional Court
The Federal Constitutional Court (german: link=no, Bundesverfassungsgericht ; abbreviated: ) is the supreme constitutional court for the Federal Republic of Germany, established by the constitution or Basic Law () of Germany. Since its in ...
(who have the right to select their ' personally) prefer clerks from outside the courts or the civil service, especially those who are or were professors of law and who often hire people from academia (sometimes even young law professors). The clerks of the Federal Constitutional Court are deemed very influential and are therefore dubbed the (unofficial) ' ("Third Senate") as opposed to the two official "
senates" of 8 justices each which form the court.
India
In
India
India, officially the Republic of India (Hindi: ), is a country in South Asia. It is the seventh-largest country by area, the second-most populous country, and the most populous democracy in the world. Bounded by the Indian Ocean on the so ...
law graduates go through a competitive nomination and interview process to get accepted as law clerks. The
Supreme Court of India and several
High Courts of India
The high courts of India are the highest courts of appellate jurisdiction in each state and union territory of India. However, a high court exercises its original civil and criminal jurisdiction only if the subordinate courts are not authoriz ...
offer paid law clerkships that are considered very prestigious. These clerkships usually last for one year (session commencing from July to Mid of May) and may be extended at the discretion of individual judges.
The Registry of the Supreme Court of India invites applications in January each year for 'law clerk-cum research assistant' positions from the Colleges and Universities empanelled with the Registry. The Universities nominate/recommend their students to the Registry which screens the applications and shortlists candidates. The shortlisted candidates are interviewed by an esteemed panel of sitting Supreme Court Justices in the first week of June. The final merit list is prepared and the selected candidates are offered positions to work under the sitting judges of the Supreme Court starting from the month of July. The eligible candidates receive offers throughout the year as and when the vacancies are created in the Chambers of Justices. Usually, two law clerks are assigned to each judge for one year, though some justices are known to sometimes engage either one or more than two law clerks at a time. Though most of the law clerks usually begin their one-year service period in July each year, soon after the completion of the LL.B. degree, though there have been instances of law clerks serving after having accumulated some work experience.
The work profile of the law clerks vary as per the judges who they work under. Generally it involves preparing summary opinions and briefs for the Special Leave Petitions listed for the Miscellaneous Days (i.e., Monday and Friday). On the Non-Miscellaneous Days it involves attending Court proceedings and preparing notes for the arguments advanced by the counsels on matters listed. They also assist the judges in drafting of the judgments and orders by supplementing it with research and case analysis.
In 2014, the Supreme Court increased the monthly stipend of law clerks / research assistants from Rs 25,000 to Rs 30,000, with a hike to Rs 32,000 for clerks who stay for longer than a year. For the 2012-13 session each law clerk at the
Supreme Court was paid a stipend of Rs 25,000 per month, which may be increased further in the next year. Till 2009–2010 each law clerk at the Supreme Court of India was being paid Rs. 20,000 per month.
In addition to this, students from law colleges all over the country are given the opportunity to act as 'legal trainees' under Supreme Court judges during their vacation periods. The institution of law clerks is still a recent development in the context of the Indian judiciary. Anecdotal references indicate that some justices are hesitant to rely on 'law clerks' on account of concerns with confidentiality, especially in politically sensitive disputes. However, their services are heavily relied on to go through the written submissions in order to prepare for the preliminary hearings that are held to decide whether a case should be admitted for a regular hearing on merits. In recent years, the contributions of law clerks to research for judicial opinions have become increasingly evident on account of increasing references to foreign precedents and academic writings.
Ireland
In Ireland Judicial Assistants provide support to the judiciary comparable to that provided to judges of the Federal Courts of the United States, the Courts of Australia, the European Courts in Luxembourg and Strasbourg and the Supreme Court of the United Kingdom. They are typically recent law graduates, and were introduced on a gradual basis to phase out the traditional Usher/Crier or "tipstaff" position (a process that is almost complete), while simultaneously providing research assistance to the judge to whom they are assigned. Judges of all jurisdictions have Judicial Assistants, with the exception of ordinary judges of the District Court. Judicial Assistants are typically recruited on a three-year contract and take up the role for this or a shorter period of time, generally before entering/returning to practice or academia.
Mexico
In
Mexico
Mexico (Spanish: México), officially the United Mexican States, is a country in the southern portion of North America. It is bordered to the north by the United States; to the south and west by the Pacific Ocean; to the southeast by Guatema ...
, duties conferred to law clerks in some common law countries are charged in a person called "Secretario de Acuerdos" or "Secretario Proyectista", for lower courts and, "Secretario de Estudio y Cuenta" for higher court: "Suprema Corte de Justicia de la Nación". Secretario de Acuerdo's main activities are: conducting the public hearings, writing verdicts, ordering to execute sentences, and providing general assistance to Judges, while Secretario Proyectista's activities are to draft sentences.
The Netherlands
Law clerks of the
Supreme Court of the Netherlands are independent researchers. Applicants are recruited from the top law firms and universities. For most, it is a highly prestigious second job. Law clerks typically work at the Supreme Court for six years.
In lower courts, the duties of a law clerk are generally carried out by the "griffier". It is customary for the griffier to attend the deliberations of the judges, as well as to draft the verdict. They therefore do have some influence on final decisions. In addition, the griffier is also responsible for many of the duties of a court clerk, such as keeping records and making the minutes of court sessions. Although the role of griffier is often held by a permanent member of legal staff of the court, it is not uncommon for the role to be held by an advanced year law student, in which case they may be referred to as a "buitengriffier" (external clerk).
New Zealand
Law clerks are referred to as judge's clerks in all four levels of the New Zealand court system. It is a fixed term position of 2 years.
In the High Court, clerks are assigned to two or three judges (including Associate Judges). In the
Court of Appeal of New Zealand
The Court of Appeal of New Zealand is the principal intermediate appellate court of New Zealand. It is also the final appellate court for a number of matters. In practice, most appeals are resolved at this intermediate appellate level, rather t ...
and the
Supreme Court of New Zealand, each judge has their own clerk. The Chief Justice is the exception and has two clerks. Judges clerkships are highly sought after and competition is extremely competitive; judges' clerks often have class ranks that put them at, or near, the top of their graduating class.
Pakistan
The Supreme Court of Pakistan has an extensive and competitive program for the appointment of the Law Clerks/Research Associates. Applications are invited from all over Pakistan calling on fresh law graduates, Advocates and Barristers to submit their CVs, transcripts/degrees, three letters of recommendation and a legal writing sample. Applicants thereafter are shortlisted purely on merit and interviewed eventually by the scrutiny committee, consisting of senior judges and law clerks of the Court, before final appointment. In recent years, all law clerks appointed have been licensed advocates placed at the top of their class with excellent research credentials. Law clerks sit in court during hearings. In chambers, law clerks assist the judge in making determinations of law, conducting research, critically proof-reading the court orders and preparing briefs etc. Law clerks serve as paid staff of the court for an extendable one-year term. The Supreme Court has 17 law clerks for the year 2017-2018.
In the
Lahore High Court
The Lahore High Court () is based in Lahore, Pakistan. It was established as a high court on 21 March 1882. The Lahore High Court has jurisdiction over Punjab (Pakistan). The High Court's principal seat is in Lahore, but there are benches in th ...
, many civil judges with master's degrees (mostly LLM) and post-graduate research experience are appointed as research associates equivalent to law clerks to the judges of the court. They function through the Research Centre of the Lahore High Court and assist all the judges in the various registry benches of the Lahore High Court.
Philippines
In the
Supreme Court of the Philippines and the
Philippine Court of Appeals
The Court of Appeals ( fil, Hukuman ng Pag-aapela) is an appellate collegiate court in the Philippines. The Court of Appeals consists of one presiding justice and sixty-eight associate justices. Pursuant to the Constitution, the Court of Appe ...
, recent law graduates and young lawyers can apply for a position as a "Court Attorney" to a Justice. This position basically corresponds to what is called a "law clerk" at the Supreme Court of the United States. Each of the 15 Supreme Court justices has 5 to 10 court attorneys at any given time. Court attorneys at the Supreme Court of the Philippines are co-terminus with their justices. Some stay for one year or less, others stay for as long as their respective justice serves the Court. Previous court attorneys have become notable Justices themselves e.g. Justice Vicente V. Mendoza, Justice Antonio Abad etc. or have gone to hold important positions in the court such as Court Administrators or Deputy Court Administrators. Many of them have gone on to successful legal practice, in business, or in the academe. The position is an extremely difficult one to get accepted to because aside from the competence requirement, there is also the character requirement that differs from one Justice to another. The position is basically a confidential one and the lawyer must enjoy the Justice's trust. Each justice has his or her own method for interviewing and appointing court attorneys.
Poland
Polish law clerks are called "asystenci sędziów", which can be directly translated as "judges' assistants" or "judicial assistants".
Generally their status is regulated by the Law on the System of Common Courts of July 27, 2001, but there are also assistants in the administrative courts, the
Supreme Court of Poland
The Supreme Court ( pl, Sąd Najwyższy) is the highest court in the Republic of Poland. It is located in the Krasiński Square, Warsaw.
One of the chambers of the Supreme Court, the Disciplinary Chamber, was suspended by a judgment of the CJ ...
, and the
Constitutional Tribunal
A constitutional court is a high court that deals primarily with constitutional law. Its main authority is to rule on whether laws that are challenged are in fact unconstitutional, i.e. whether they conflict with constitutionally established ...
, where special regulations may apply. They are recruited in a competitive process with three phases: the application itself, a test of legal knowledge, and an interview. Only law graduates who are Polish citizens of good character and are above 24 years old can apply for a post in common courts. Similar requirements pertain to the administrative courts, except there is no express provision on age.
Many of the assistants with professional experience are eligible for admission to practice law. They are not to be confused with
court clerks
A court clerk (British English: clerk to the court or clerk of the court ; American English: clerk of the court or clerk of court ) is an officer of the court whose responsibilities include maintaining records of a court, administer oaths to witn ...
(''Polish:'' "urzędnicy sądowi"), due to the fact that the latter do not have legal qualifications and exercise only administrative tasks, whereas assistants draft legal decisions or opinions, and conduct legal research. Judicial assistants also differ from "judicial clerks" or "court referendaries" (''Polish:'' "referendarze sądowi") in that they possess no judicial powers, and cannot make binding legal decisions on their own. Law clerks in Poland have their own organisation called National Society of Judicial Assistants (Ogólnopolskie Stowarzyszenie Asystentów Sędziów).
Opinions
There are varying opinions on the influence of assistants on the Polish judiciary. Some scholars criticize the profession, because - in their view - judges themselves should write their own opinions, as it would positively affect the quality and length of these documents. However, prominent judges state that "a good assistant is a treasure to have" (justice Krystian Markiewicz), while others complain that they do not need assistants who "make no unaided decisions whatsoever" (justice Barbara Piwnik, ex-Minister of Justice). Contrary to many Western legal systems, the profession of a judicial assistant in Poland is sometimes described as "poorly paid" and "unattractive".
Remuneration
Basic salary in common courts is set by a regulation of the Minister of Justice and since June 2016 amounts from 3000 PLN to 4200 PLN per month (ca. €695 to €975 gross).
In the case of administrative courts, the salary of assistants is regulated by the
President of the Republic of Poland
The president of Poland ( pl, Prezydent RP), officially the president of the Republic of Poland ( pl, Prezydent Rzeczypospolitej Polskiej), is the head of state of Poland. Their rights and obligations are determined in the Constitution of Polan ...
, and ranges from 1600 PLN even up to 5200 PLN, depending on whether we are dealing with a senior assistant or not. The remuneration rules at the Supreme Court of Poland and the Constitutional Tribunal are provided by respective internal regulations.
Singapore
Since 1991, law graduates from the
National University of Singapore,
Singapore Management University
The Singapore Management University (SMU) is a public autonomous university in Singapore. The university is the only city campus in Singapore. It ranks third in Asia as a specialist university, behind Hong Kong University of Science and Techn ...
, and reputable foreign universities, only those obtaining first class honours or equivalent, are invited to join the
Supreme Court as Justices' Law Clerks. The Supreme Court comprises the High Court and the Court of Appeal, which is the final court of appeal in Singapore. Upon accepting appointment, Justices' Law Clerks are appointed for a term of one and a half years, with a possible 6-month extension. During their term, the law clerks are given the opportunity to work with both the judges of the High Court as well as the Judges of the Appeal and the Chief Justice. After their term, the law clerks have the option of joining the permanent establishment of the
Singapore Legal Service
The Singapore Legal Service is the collective body of lawyers who work in the courts, the Attorney-General's Chambers, and the legal departments of various government ministries and statutory boards in Singapore. Lawyers who are a part of the le ...
. If they take up this option, they will be posted to other branches of the Singapore Legal Service, for example as Deputy Public Prosecutors at the Attorney's General Chambers or as Assistant Registrars in the Supreme Court Registry. Many Justices' Law Clerks choose to join private firms after their stint (and several have recently achieved the title of
Senior Counsel
The title of Senior Counsel or State Counsel (post-nominal letters: SC) is given to a senior lawyer in some countries that were formerly part of the British Empire. "Senior Counsel" is used in current or former Commonwealth countries or jurisdictio ...
), while others have chosen a path in academia.
South Korea
:''See
Law clerks in South Korea.''
Sweden
After successfully obtaining the Swedish law degree called
Candidate of Law
Candidate of Law (Latin: ''candidatus/candidata juris/iuris'') is both a graduate law degree awarded to law students in the Nordic region as well as an academic status designation for advanced Law School students in German-speaking countries.
...
one can apply for a position as a law clerk ("notarie" in Swedish) either in the Administrative Courts (''förvaltningsrätt'
or in the General Courts (''
tingsrätt''
Applicants are rated according to their accumulated points, which are calculated mainly by grades. Higher grades giving higher scores and the one with the highest score applying to any given spot is accepted. One applies to the Swedish Court Agency (Domstolsverket) about six times a year, which calculates the scores and apportions the applicants. The Courts in the bigger cities naturally tends to be most popular, thereby needing the highest scores even if they also have most law clerk positions.
The ratio is about one law clerk per judge, and the clerk switch judge after a time, usually three months. The rationale being that working for different judges broadens the scope of learning.
The term as law clerk is two years, after which the law clerk may opt to apply to the Court of Appeals in the Administrative system or the General system ("kammarrätt" or "hovrätt") and continue on the path that traditionally leads to Judge, or leave the Court system for another career. Having completed the two years is considered qualifying and may open up career opportunities otherwise closed.
The work as a law clerk mainly entails assisting the judges with writing verdicts and decisions, keeping the records during trials and conducting legal inquiries. After about six months the law clerk is trusted with deciding simpler non-disputed issues by himself (such as registering prenuptials or granting adoptions). After about a year the law clerk is entrusted with judging simpler criminal and civil law cases by himself (in General Courts), such as petty theft or a civil case involving low sums of money.
United States
In the United States, judicial law clerks are usually recent
law school graduates who performed at or near the top of their class and/or attended highly ranked law schools. Serving as a law clerk, especially to a
U.S. federal judge
In the United States, federal judges are judges who serve on courts established under Article Three of the U.S. Constitution. They include the chief justice and the associate justices of the U.S. Supreme Court, the circuit judges of the U.S. ...
, is considered to be one of the most prestigious positions in legal circles, and tends to open up wide-ranging opportunities in
academia
An academy (Attic Greek: Ἀκαδήμεια; Koine Greek Ἀκαδημία) is an institution of secondary or tertiary higher learning (and generally also research or honorary membership). The name traces back to Plato's school of philosophy, ...
,
law firm practice, and influential government work. Among the most prestigious clerkships are those with the
United States Supreme Court
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...
, the
United States courts of appeals
The United States courts of appeals are the intermediate appellate courts of the United States federal judiciary. The courts of appeals are divided into 11 numbered circuits that cover geographic areas of the United States and hear appeals f ...
,
United States district court
The United States district courts are the trial courts of the U.S. federal judiciary. There is one district court for each federal judicial district, which each cover one U.S. state or, in some cases, a portion of a state. Each district co ...
s, specialized courts such as the
United States Tax Court
The United States Tax Court (in case citations, T.C.) is a federal trial court of record established by Congress under Article I of the U.S. Constitution, section 8 of which provides (in part) that the Congress has the power to "constitute Tr ...
and the
United States Bankruptcy Courts
United States bankruptcy courts are courts created under Article I of the United States Constitution. The current system of bankruptcy courts was created by the United States Congress in 1978, effective April 1, 1984. United States bankruptcy c ...
, the New York State Commercial Division,
Delaware Court of Chancery
The Delaware Court of Chancery is a court of equity in the American state of Delaware. It is one of Delaware's three constitutional courts, along with the Supreme Court and Superior Court. Since 2018, the court consists of seven judges. The chie ...
, and
state supreme court
In the United States, a state supreme court (known by other names in some states) is the highest court in the state judiciary of a U.S. state. On matters of state law, the judgment of a state supreme court is considered final and binding in b ...
s. Some U.S. district courts provide particularly useful experience for law clerks pursuing specific fields. The
Southern District of New York
The United States District Court for the Southern District of New York (in case citations, S.D.N.Y.) is a federal trial court whose geographic jurisdiction encompasses eight counties of New York State. Two of these are in New York City: New ...
deals with a heightened volume of high-profile commercial litigation, the
Eastern District of Texas
The United States District Court for the Eastern District of Texas (in case citations, E.D. Tex.) is a federal court in the Fifth Circuit (except for patent claims and claims against the U.S. government under the Tucker Act, which are appealed t ...
handles the most patent cases in the nation, the
Northern District of California
The United States District Court for the Northern District of California (in case citations, N.D. Cal.) is the federal United States district court whose jurisdiction comprises the following counties of California: Alameda, Contra Costa, De ...
leads the country in antitrust suits, and the
District of Columbia
)
, image_skyline =
, image_caption = Clockwise from top left: the Washington Monument and Lincoln Memorial on the National Mall, United States Capitol, Logan Circle, Jefferson Memorial, White House, Adams Morgan, ...
hears many high-profile disputes involving the
federal government. Similarly, the United States Tax Court specializes in adjudicating disputes over
federal income tax
Income taxes in the United States are imposed by the federal government, and most states. The income taxes are determined by applying a tax rate, which may increase as income increases, to taxable income, which is the total income less allow ...
, the United States Bankruptcy Courts specialize in issues arising under the
United States Bankruptcy Code
Title 11 of the United States Code, also known as the United States Bankruptcy Code, is the source of bankruptcy law in the United States Code.
Chapters
Title 11 is subdivided into nine chapters. It used to include more chapters, but some of them ...
, the New York State Commercial Division adjudicates high-profile commercial matters in an expedited fashion, and the Delaware Court of Chancery hears a substantial volume of corporate and shareholder derivative actions.
Qualifications
![Justice White Official](https://upload.wikimedia.org/wikipedia/commons/4/48/Justice_White_Official.jpg)
Most law clerks are recent law school graduates who performed at or near the top of their class. Federal judges, especially those at the appellate level, often require that applicants for law clerk positions have experience with
law review
A law review or law journal is a scholarly journal or publication that focuses on legal issues. A law review is a type of legal periodical. Law reviews are a source of research, imbedded with analyzed and referenced legal topics; they also pr ...
or
moot court
Moot court is a co-curricular activity at many law schools. Participants take part in simulated court or arbitration proceedings, usually involving drafting memorials or memoranda and participating in oral argument. In most countries, the phrase " ...
in law school. As such, the law clerk application process is highly competitive, with most federal judges receiving hundreds of applications for only one or two open positions in any given year.
Federal appellate judges tend to recruit primarily from the most prestigious and highly-ranked law schools in the United States. Justice
Clarence Thomas
Clarence Thomas (born June 23, 1948) is an American jurist who serves as an associate justice of the Supreme Court of the United States. He was nominated by President George H. W. Bush to succeed Thurgood Marshall and has served since 1 ...
is the major exception to the rule; he takes pride in selecting clerks from non-top-tier schools, and publicly noted that his clerks have been attacked on the Internet as "third tier trash".
Judicial clerkships with federal or state appellate judges tend to be more competitive than those with
state-level trial court
A trial court or court of first instance is a court having original jurisdiction, in which trials take place. Appeals from the decisions of trial courts are usually made by higher courts with the power of appellate review (appellate courts). Mos ...
judges
A judge is an official who presides over a court.
Judge or Judges may also refer to:
Roles
*Judge, an alternative name for an adjudicator in a competition in theatre, music, sport, etc.
*Judge, an alternative name/aviator call sign for a membe ...
.
[Wayne L. Anderson and Marilyn J. Headrick, ''The Legal Profession: Is it for you?'' (Cincinnati: Thomson Executive Press, 1996), 110.] However, because there are many more law graduates with high academic credentials than there are clerkship positions available at any level, competition for judicial clerkships is always intense.
Because of the selection criteria, many notable legal figures, professors, and judges were initially law clerks. Many Supreme Court justices previously clerked for other Supreme Court justices:
*
Byron White
Byron "Whizzer" Raymond White (June 8, 1917 April 15, 2002) was an American professional football player and jurist who served as an associate justice of the U.S. Supreme Court from 1962 until his retirement in 1993.
Born and raised in Colo ...
clerked for
Fred M. Vinson
*
John Paul Stevens clerked for
Wiley Blount Rutledge
Wiley Blount Rutledge Jr. (July 20, 1894 – September 10, 1949) was an American jurist who served as an associate justice of the Supreme Court of the United States from 1943 to 1949. The ninth and final justice appointed by President Frankli ...
*
Stephen Breyer clerked for
Arthur Goldberg
Arthur Joseph Goldberg (August 8, 1908January 19, 1990) was an American statesman and jurist who served as the 9th U.S. Secretary of Labor, an Associate Justice of the Supreme Court of the United States, and the 6th United States Ambassador to ...
*
William Rehnquist
William Hubbs Rehnquist ( ; October 1, 1924 – September 3, 2005) was an American attorney and jurist who served on the U.S. Supreme Court for 33 years, first as an associate justice from 1972 to 1986 and then as the 16th chief justice from ...
clerked for
Robert H. Jackson
*
John Roberts
John Glover Roberts Jr. (born January 27, 1955) is an American lawyer and jurist who has served as the 17th chief justice of the United States since 2005. Roberts has authored the majority opinion in several landmark cases, including '' Nat ...
clerked for
William Rehnquist
William Hubbs Rehnquist ( ; October 1, 1924 – September 3, 2005) was an American attorney and jurist who served on the U.S. Supreme Court for 33 years, first as an associate justice from 1972 to 1986 and then as the 16th chief justice from ...
*
Elena Kagan clerked for
Thurgood Marshall
Thurgood Marshall (July 2, 1908 – January 24, 1993) was an American civil rights lawyer and jurist who served as an associate justice of the Supreme Court of the United States from 1967 until 1991. He was the Supreme Court's first African-A ...
*
Neil Gorsuch clerked for
Byron White
Byron "Whizzer" Raymond White (June 8, 1917 April 15, 2002) was an American professional football player and jurist who served as an associate justice of the U.S. Supreme Court from 1962 until his retirement in 1993.
Born and raised in Colo ...
and
Anthony Kennedy
Anthony McLeod Kennedy (born July 23, 1936) is an American lawyer and jurist who served as an associate justice of the Supreme Court of the United States from 1988 until his retirement in 2018. He was nominated to the court in 1987 by Presid ...
*
Brett Kavanaugh
Brett Michael Kavanaugh ( ; born February 12, 1965) is an American lawyer and jurist serving as an associate justice of the Supreme Court of the United States. He was nominated by President Donald Trump on July 9, 2018, and has served since ...
clerked for
Anthony Kennedy
Anthony McLeod Kennedy (born July 23, 1936) is an American lawyer and jurist who served as an associate justice of the Supreme Court of the United States from 1988 until his retirement in 2018. He was nominated to the court in 1987 by Presid ...
*
Amy Coney Barrett
Amy Vivian Coney Barrett (born January 28, 1972) is an associate justice of the Supreme Court of the United States. The fifth woman to serve on the court, she was nominated by President Donald Trump and has served since October 27, 2020. ...
clerked for
Antonin Scalia
*
Ketanji Brown Jackson
Ketanji Onyika Brown Jackson ( ; born September 14, 1970) is an American jurist who serves as an associate justice of the Supreme Court of the United States. Jackson was nominated to the Supreme Court by President Joe Biden on February 25, 202 ...
clerked for
Stephen Breyer
Neil Gorsuch is the first justice who served alongside a justice for whom he himself had once clerked. Several of the justices have also clerked in the courts of appeals. Justice
Samuel Alito, for instance, clerked for the
United States Court of Appeals for the Third Circuit
The United States Court of Appeals for the Third Circuit (in case citations, 3d Cir.) is a federal court with appellate jurisdiction over the district courts for the following districts:
* District of Delaware
* District of New Jersey
* East ...
.
In 1960, Supreme Court Justice
Felix Frankfurter
Felix Frankfurter (November 15, 1882 – February 22, 1965) was an Austrian-American jurist who served as an Associate Justice of the Supreme Court of the United States from 1939 until 1962, during which period he was a noted advocate of judic ...
rejected
Ruth Bader Ginsburg
Joan Ruth Bader Ginsburg ( ; ; March 15, 1933September 18, 2020) was an American lawyer and jurist who served as an associate justice of the Supreme Court of the United States from 1993 until her death in 2020. She was nominated by Presiden ...
for a clerkship position due to her gender. She was rejected despite a strong recommendation from
Albert Martin Sacks
Albert Martin Sacks (August 15, 1920 – March 22, 1991) was an American lawyer and former Dean of Harvard Law School.
Born in New York City to Jewish immigrants from Russia, he attended City College of New York graduating in 1940. After servin ...
, who was a professor and later
dean
Dean may refer to:
People
* Dean (given name)
* Dean (surname), a surname of Anglo-Saxon English origin
* Dean (South Korean singer), a stage name for singer Kwon Hyuk
* Dean Delannoit, a Belgian singer most known by the mononym Dean
Titles
* ...
of Harvard Law School.
Some judges seek to hire law clerks who not only have excelled academically but also share the judge's ideological orientation. However, this occurs mostly at the level of some state supreme courts and the United States Supreme Court. Law clerks can have a great deal of influence on the judges with whom they work.
Upon completing a judicial clerkship, a law clerk often becomes very marketable to elite
law firms. However, some law clerks decide they enjoy the position so much they continue to serve the judge as a law clerk in a permanent capacity.
Federal clerkships
A clerkship with a federal judge is one of the most highly sought positions in the legal field. Some federal judges receive thousands of applications for a single position, and even the least sought-after federal clerkships will likely be applied to by at least one thousand candidates. Successful candidates tend to be very high in their class, with most being members of their law school's
law review
A law review or law journal is a scholarly journal or publication that focuses on legal issues. A law review is a type of legal periodical. Law reviews are a source of research, imbedded with analyzed and referenced legal topics; they also pr ...
or other
journal
A journal, from the Old French ''journal'' (meaning "daily"), may refer to:
*Bullet journal, a method of personal organization
*Diary, a record of what happened over the course of a day or other period
*Daybook, also known as a general journal, a ...
or
moot court
Moot court is a co-curricular activity at many law schools. Participants take part in simulated court or arbitration proceedings, usually involving drafting memorials or memoranda and participating in oral argument. In most countries, the phrase " ...
team. Such clerkships are generally seen as more prestigious than those with state judges.
Almost all federal judges have at least one law clerk; many have two or more. Associate Justices of the U.S. Supreme Court are allowed four clerks. Although the Chief Justice is allowed to hire five clerks, Chief Justice Rehnquist hired only three per year, and Chief Justice Roberts usually hires only four. Generally, law clerks serve a term of one to two years; however, some federal judges hire a permanent law clerk. Such judges usually have one permanent law clerk and one or two law clerks who serve on a term basis.
The most prestigious clerkship is one with a U.S. Supreme Court Justice; there are only 37 of these positions available every year. However, in recent times securing a federal court of appeals clerkship with a federal judge has been a prerequisite to clerking on the Supreme Court. Therefore, usually the second most prestigious place to clerk is at one of the
U.S. courts of appeals
The United States courts of appeals are the intermediate appellate courts of the United States federal judiciary. The courts of appeals are divided into 11 numbered circuits that cover geographic areas of the United States and hear appeals fr ...
. Clerkships with certain appellate judges, such as
J. Michael Luttig
John Michael Luttig ( ; born June 13, 1954) is an American corporate lawyer and jurist who was a U.S. federal judge on the U.S. Court of Appeals for the Fourth Circuit from 1991 to 2006. Luttig resigned his judgeship in 2006 to become general coun ...
, who have sent many clerks on to the Supreme Court, often called "
feeder judge In the United States, feeder judges are prominent judges in the American federal judiciary whose law clerks are frequently selected to become law clerks for the justices of the U.S. Supreme Court. Feeder judges are able to place comparatively many ...
s" are especially difficult to obtain. Luttig, before his retirement, was the leading "feeder" judge at the court of appeals level, with virtually all of his law clerks having gone on to clerk with
conservative
Conservatism is a cultural, social, and political philosophy that seeks to promote and to preserve traditional institutions, practices, and values. The central tenets of conservatism may vary in relation to the culture and civilization in ...
justices on the
Supreme Court, a total of 40 with 33 clerking for either Justice Thomas or Justice Scalia. This reflects the increasing polarization of the court, with both liberal and conservative judges hiring clerks who reflect their ideological orientation.
Generally, the next most sought after federal clerkship is one with a
United States district court
The United States district courts are the trial courts of the U.S. federal judiciary. There is one district court for each federal judicial district, which each cover one U.S. state or, in some cases, a portion of a state. Each district co ...
judge. Some U.S. district courts are more sought after than others due to the district's popular location, for example: the Eastern and Southern Districts of New York, the Northern District of California, and the District of the District of Columbia. There are also federal clerkships with other federal judges such as
U.S. magistrate judges;
U.S. Tax Court
The United States Tax Court (in case citations, T.C.) is a federal trial court of record established by Congress under Article I of the U.S. Constitution, section 8 of which provides (in part) that the Congress has the power to "constitute Trib ...
judges, senior judges, and special trial judges;
Bankruptcy Appellate Panel
A Bankruptcy Appellate Panel (abbreviated BAP) is authorized b28 U.S.C. § 158(b)to hear, with the consent of all parties, appeals from the decisions of the United States bankruptcy courts in their district that otherwise would be heard by distri ...
judges; and
U.S. bankruptcy judges.
Former federal law clerks are often highly sought after by large law firms. Firms believe that such individuals have excellent legal research and
writing
Writing is a medium of human communication which involves the representation of a language through a system of physically inscribed, mechanically transferred, or digitally represented symbols.
Writing systems do not themselves constitute h ...
skills, and a strong command of the
Federal Rules of Civil Procedure and
Federal Rules of Criminal Procedure The Federal Rules of Criminal Procedure are the procedural rules that govern how federal criminal prosecutions are conducted in United States district courts and the general trial courts of the U.S. government. They are the companion to the Federa ...
. Firms are even more interested in a former law clerk if the firm generally appears before the clerk's former judge. The interest in former law clerks is seen by the fact that most large firms have a special hiring process for former clerks, and often pay such individuals large signing bonuses.
Generally, interested candidates apply for federal clerkships more than a year before the clerkship begins. The federal clerkship application process has also largely been streamlined by the National Federal Judges Law Clerk Hiring Plan and the OSCAR system, an online database in which federal judges post upcoming vacancies (although not all federal judges use this system). The National Federal Judges Law Clerk Hiring Plan sets dates for when federal judges may receive applications, and when they may contact, interview, and hire law clerks. Generally, judges begin looking at applications in the early fall, with contact and interviews happening a few weeks later. These dates only apply to the hiring of matriculating third-year law students; practicing attorneys may apply earlier. Moreover, while many judges adhere to the National Federal Judges Law Clerk Hiring Plan's schedule, many do not follow the plan and interview and hire law students over the summer. The Supreme Court does not follow this timetable.
As a result of the extreme competition—both by the judges to get the best candidates and by candidates to get the best clerkships—the pace of the hiring is extremely quick. It is not unknown for federal judges to offer a candidate a clerkship on the spot at the conclusion of a first interview.
Judicial law fellows, pro bono attorneys (or clerks or counsel) and volunteer clerks, perform substantially the same tasks as normal judicial law clerks do, but for no pay, reduced pay or a stipend.
The
Administrative Law Judge
An administrative law judge (ALJ) in the United States is a judge and trier of fact who both presides over trials and adjudicates claims or disputes involving administrative law. ALJs can administer oaths, take testimony, rule on questions of evi ...
s of some
federal agencies - such as the
U.S. International Trade Commission
The United States International Trade Commission (USITC or I.T.C.) is an agency of the United States federal government that advises the legislature, legislative and executive (government), executive branches on matters of trade. It is an indepe ...
, the
Federal Trade Commission, the
United States Patent and Trademark Office
The United States Patent and Trademark Office (USPTO) is an agency in the U.S. Department of Commerce that serves as the national patent office and trademark registration authority for the United States. The USPTO's headquarters are in Alex ...
, the
Federal Communications Commission
The Federal Communications Commission (FCC) is an independent agency of the United States federal government that regulates communications by radio, television, wire, satellite, and cable across the United States. The FCC maintains jurisdicti ...
, the
Social Security Administration
The United States Social Security Administration (SSA) is an independent agency of the U.S. federal government that administers Social Security, a social insurance program consisting of retirement, disability and survivor benefits. To qualify ...
, the
Department of Justice
A justice ministry, ministry of justice, or department of justice is a ministry or other government agency in charge of the administration of justice. The ministry or department is often headed by a minister of justice (minister for justice in a ...
, the
Securities and Exchange Commission, the
Veterans Administration
The United States Department of Veterans Affairs (VA) is a Cabinet-level executive branch department of the federal government charged with providing life-long healthcare services to eligible military veterans at the 170 VA medical centers a ...
, the
Department of Transportation, the
Environmental Protection Agency, the
U.S. Department of Health and Human Services and the
U.S. Department of Housing and Urban Development
The United States Department of Housing and Urban Development (HUD) is one of the executive departments of the U.S. federal government. It administers federal housing and urban development laws. It is headed by the Secretary of Housing and Urb ...
- may hire
Attorney Advisors that perform judicial law clerk duties for them, such as researching the most current case law, writing and editing opinions and orders and assisting the Administrative Law Judges with trial-like adjudications, hearings and other similar procedures.
Some scholars and practitioners have questioned the lack of a federal congressional clerkship program. One study found that few top law school graduates have or will take seriously the process of being a legislative aide to gain practical skills after graduation.
Instead, recent law school graduates opt for judicial clerkships leaving few in the legal field with practical legislative experience.
State clerkships
Judicial clerkships in state appellate courts are similar to those in federal appellate courts, but are primarily focused on state law rather than on federal law issues.
Some state courts also use the title "staff attorney" for career clerks and clerks that support all judges.
For law students who wish to practice in a specific state or geographic region after clerking, state appellate-level or trial court clerkships can often be more valuable than federal clerkships in terms of getting to know the judges, lawyers, and firms in that area, as well as in terms of seeing trial lawyers at work.
History
Although Justice
Horace Gray
Horace Gray (March 24, 1828 – September 15, 1902) was an American jurist who served on the Massachusetts Supreme Judicial Court, and then on the United States Supreme Court, where he frequently interpreted the Constitution in ways that increa ...
was the first federal judge (and hence the first Supreme Court justice) to hire law clerks in 1882, according to historian
James Chace
James Clarke Chace (October 16, 1931 – October 8, 2004) was an American historian, writing on American diplomacy and statecraft. His 12 books include the critically acclaimed ''Acheson: The Secretary of State Who Created the American World'' ...
,
Oliver Wendell Holmes, Jr.
Oliver Wendell Holmes Jr. (March 8, 1841 – March 6, 1935) was an American jurist and legal scholar who served as an associate justice of the Supreme Court of the United States from 1902 to 1932.Holmes was Acting Chief Justice of the Un ...
and
Louis Brandeis were the first Supreme Court justices to use recent law school graduates as clerks, rather than hiring a "stenographer-secretary".
James Chace
James Clarke Chace (October 16, 1931 – October 8, 2004) was an American historian, writing on American diplomacy and statecraft. His 12 books include the critically acclaimed ''Acheson: The Secretary of State Who Created the American World'' ...
, ''Acheson: The Secretary of State Who Created the American World'' (New York: Simon & Schuster, 2007 998
Year 998 ( CMXCVIII) was a common year starting on Saturday (link will display the full calendar) of the Julian calendar.
Events
By place
Europe
* Spring – Otto III retakes Rome and restores power in the papal city. Crescenti ...
, p. 44.
Exceptions
The
Supreme Court of California and the various districts of the
California Courts of Appeal
The California Courts of Appeal are the state intermediate appellate courts in the U.S. state of California. The state is geographically divided along county lines into six appellate districts. have generally avoided using law clerks since the late 1980s.
[Itir Yakar, "Unseen Staff Attorneys Anchor State's Top Court: Institution's System of Permanent Employees Means Workers Can Outlast the Justices," ''San Francisco Daily Journal'', 30 May 2006, 1.]
Instead, California has largely switched to using permanent staff attorneys at all levels of the judiciary; a few judges do use law clerks, but they are quite rare. For example, the Supreme Court of California has over 85 staff attorneys, of whom about half are attached to particular justices and the rest are shared as a central staff. The California system has been heavily criticized for denying young attorneys the chance to gain experience, and low turnover has resulted in a lack of ethnic and gender diversity among the staff attorneys.
But most California judges prefer staff attorneys because it reduces the problem of having to bring new law clerks up to speed on pending complex cases, particularly those involving the death penalty.
References
Further reading
*
*
*Strauss, Debra M. (2017). ''Behind the Bench: The Guide to Judicial Clerkships, Second Edition''. St. Paul, MN: West Academic Publishing. .
*
External links
Federal Judicial Center page on Law ClerksSearchable site for US federal law clerk vacanciesOpenings for Law Clerks with the Los Angeles Superior Court
{{Authority control
Legal professions