About Clerkships

A judicial clerkship is a prestigious opportunity to work with judges at the federal, state, or local level. In considering whether to apply for a clerkship, you should think about whether you prefer to clerk for a trial judge or an appellate judge, and whether you prefer to clerk in a state or a federal court. 

Most federal clerkship opportunities exist in the U.S. District Courts or the U.S. Courts of Appeals for each circuit.  Federal clerkships and staff attorney positions may also exist in specialized courts:

• U.S. Court of Appeals for the Armed Forces
• U.S. Court of Appeals for the Federal Circuit
• U.S. Bankruptcy Courts
• U.S. Magistrates
• U.S. Court of Federal Claims
• U.S. Court of Veteran Appeals
• U.S. Court of International Trade
• U.S. Tax Courts

State court clerkships are found in various courts including,

• Supreme Courts
• Intermediate Appellate Courts
• Trial Courts (Courts of General Jurisdiction)
• Courts of Limited Jurisdiction (District, County, or Municipal Courts; Juvenile or Family Courts; Probate Courts)

Types of Clerkships

Law clerks (also known as “elbow clerks”) typically work one-on-one in chambers with a single judge.  These clerks do extensive research on pending cases, draft opinions and bench memoranda, work closely with their judge to review motions and other documents, and assist the judge in hiring other clerks.

In federal and state courts of appeal, staff attorneys generally work for all of the judges rather than a single judge. In state trial courts, staff attorneys typically act as elbow clerks

The federal courts employ a variety of staff attorneys to perform specific tasks, including

• Motions Attorneys
• Death Penalty Clerks
• Pro Se Clerks
• Settlement Attorneys

Clerkship Duration

Most judges hire a clerk for a specific period – usually one to two years.  A number of judges have begun to hire permanent clerks.  Some judges with a permanent clerk also employ a term-limited clerk.

Selectivity

Both federal and state judicial clerkships are extremely competitive opportunities. Almost every judge indicates a preference for students with an excellent academic record, Law Review membership, and favorable letters of recommendation. While there are always exceptions to the rule, Capital students who have become judicial clerks typically have ranked in the top 10% of their class and have served as members of Law Review.