Judicial Clerkships 101

Judicial clerkships are highly sought-after positions in the legal world, but many law students are unclear on what they actually entail. 

In this episode of LSAT Demon Daily, Erik sat down with Matt DuMont, a long-time Demon teacher and former judicial clerk, to break down the role and importance of clerkships. This article shares the key points from their discussion.

What is a Judicial Clerkship?

Clerkships involve working closely with judges, helping them review cases, research legal issues, and even draft judicial opinions. These jobs are often seen as prestigious stepping stones in a legal career, and are heavily pursued by people aspiring to high-level legal work. 

Clerkships can be at the state or federal level and often come with significant career opportunities afterwards. The actual duties of a clerk can vary depending on the type of court and the judge.

Clerking for the Supreme Court of Maryland

Matt, who recently completed a clerkship with Justice Hotten at the Supreme Court of Maryland, explained that his role involved assisting with cases at the highest level of the state judiciary. 

The Maryland Supreme Court only hears a small percentage of cases—typically 30 to 60 out of over 1,000 petitions annually. These cases are often complex and have broader legal implications, which allows clerks to delve deeply into the legal issues at hand.

Unlike lower courts that handle hundreds of cases daily, state supreme courts are highly selective, often focusing on novel legal issues or clarifying state laws. Matt’s responsibilities included reviewing briefs, conducting independent research, and drafting recommendations for Justice Hotten.

The Role of a Clerk Across Different Courts

Judicial clerks work at the discretion of their judge, and their responsibilities can range from nuanced legal research to more administrative tasks, depending on the court. 

For instance, at a trial level, a judge might rely on clerks to assist in active cases, like helping determine whether certain evidence is admissible. In contrast, appellate or supreme court clerks like Matt work more on complex legal questions, conducting thorough research and making recommendations that can influence the judge’s ruling.

The working relationship between the clerk and judge also varies. Some judges prefer in-person discussions to work through legal issues, while others prefer written memos. Matt mentioned that his memos ranged from 15 to 50 pages, depending on the case's complexity.

The Key Components of a Clerkship

One of the key duties of a clerk is writing detailed memos, "bench memos," which summarize case facts, outline relevant legal precedents, and make recommendations to the judge. In many cases, clerks also contribute directly to the drafting of judicial opinions. 

Matt shared that during his time clerking, he wrote portions of majority and dissenting opinions. Although clerks may not always agree with their judge’s position, their role is to assist the judge in articulating their final decisions in writing.

The Impact of Clerkships

For Matt, clerking was not just about advancing his career but also about public service. He emphasized that clerking provides invaluable experience for future legal advocates, allowing them to understand how judges think, deliberate, and make decisions. This insight, he said, makes you a better writer, researcher, and overall advocate.

Clerking offers practical benefits too. Many law firms seek out former clerks for their strong writing and research skills, offering clerkship bonuses and career advancement opportunities. 

Clerking is also an important stepping stone for people pursuing public service careers, as it can help you secure positions in federal programs like the DOJ Honors program

Federal vs State Hiring Schedules for Clerks

Matt also discussed the specifics of securing a judicial clerkship, comparing federal and state processes.

At the federal level, most judges follow the OSCAR hiring schedule, where applications typically open after a student's second year of law school. This means students can begin applying for federal clerkships during the summer after their 2L year. 

Keep in mind that many federal judges hire several years in advance, so if you’re an aspiring clerk, you may need to consider state-level opportunities first, especially if you miss the federal deadlines.

On the state side, hiring practices can differ a lot. For example, in Maryland, many appellate judges begin accepting applications as early as January of a student’s second year. This approach helps them secure qualified candidates before the federal clerkship application window opens. 

If you apply to both, you may find yourself having to choose between accepting a state clerkship or waiting for federal opportunities, with the risk of state positions being filled in the meantime.

Finding the Right Judge

Finding the right judge to clerk for can be more challenging than selecting a law school, since there are no rankings for judges. A law school’s Career Development Office (CDO) can provide guidance and connections, but you should also consider internships. 

Gaining experience through internships can help you expand your network and assess whether a clerkship is right for you. Matt shared that his clerkship stemmed from a prior internship with a judge who facilitated introductions to other judges.

The Legal Accountability Project

A valuable resource for prospective clerks is the Legal Accountability Project (LAP), which offers a centralized database of clerkship experiences. This project allows former clerks to share candid reviews of their work environments, which can help others make informed decisions. 

Matt highlighted the importance of recognizing that not all clerkships offer supportive atmospheres; some can be quite toxic. Transparency regarding workplace conditions is essential, especially in a field where judges wield considerable influence.

Takeaway

Taking on a clerkship can enhance your advocacy skills and provide insight into the judicial system, potentially inspiring you to pursue becoming a judge yourself. 

While Matt isn’t currently aiming to become a judge, he acknowledges it as something he might be interested in down the road. He’ll soon begin a position as an appellate-level prosecutor in Baltimore, focusing on post-conviction work to ensure fair trials.

Referenced during this episode were two Thinking LSAT episodes: Demystifying Judicial Clerkships with Aliza Shatzman, Ep. 418 and Behind the Bench with Judge Nazarian, Ep. 421.