POST-GRADUATE

JUDICIAL

CLERKSHIP

HANDBOOK

2005

Office of Career ServicesHofstra University School of Law

JUDICIAL CLERKSHIP HANDBOOK

Table of Contents

PAGEI. Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1

II. Faculty Perspectives on the Value of a Clerkship . . . . . . . . . . . . . . . . . . 2

III. Overview of a Judicial Clerkship . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3

IV. The Benefits of a Judicial Clerkship . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6

V. Judicial Clerkship Application Process . . . . . . . . . . . . . . . . . . . . . . . . . . 7A. General Information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7B. The Application Process . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7C. The Interviewing Process . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10

VI. Resources for Researching Judicial Clerkships . . . . . . . . . . . . . . . . . . 12A. Faculty And Administrators . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12B. Hofstra Alumni . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14C. Career Services Office & Law Library Resources . . . . . . . . . . . . 20D Resources for Judicial Clerkships . . . . . . . . . . . . . . . . . . . . . . . . 20E. Helpful Web Sites . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22

VII. Questions Most Frequently Asked About Clerkships . . . . . . . . . . . . . . . 25

Appendices

A. Federal Law Clerk Hiring Plan for 2005 & 2006

B. Federal Law Clerk Information System Website (including a link to the list offederal judges NOT accepting clerkship applications)

C. Circuit / District Map for Federal Courts D. Alphabetical List of U.S. States with Corresponding Federal Circuit

E. How To Address Judges in Correspondence

F. Preparing for Judicial Clerkships: Tips for Students Spending Their Summersin the Private Sector (NALP)

G. Fellowships and Clerkships ? Planning Issues in the New Regime (NALP)

H. Gerald Lebovits, “Judge’s Clerks Play Varied Roles in the Opinion Drafting

Process,” New York State Bar Association Journal (July/August 2004) I. Cynthia Morales, “It’s Not Too Late! Clerking after Private Practice,” The Young Lawyer (November 2004)

2

INTRODUCTION

Among the most valuable opportunities available to Hofstra Law School graduatesare judicial clerkships in both the federal and state court systems. Generally, federal trialjudges and magistrate judges employ one to three clerks for a period of one to two years.Federal appellate judges employ three clerks. Other federal courts, such as theBankruptcy Court, the U.S. Tax Court, the U.S. Court of International Trade, the U.S. Courtof Veterans’ Appeals, and the U.S. Court of Federal Claims also hire judicial clerks. Inaddition to the clerks hired by individual judges, the Federal Circuit Courts hire pro se andmotions clerks who work for the entire court.

The New York State Court of Appeals and the four Appellate Divisions employ poolsof recent law graduates, usually called “staff attorneys,” who do not work for individualjudges, but for the entire court. In addition, most of the New York Court of Appeals judgeshire individual clerks on a rotating basis. JUDGES IN THE TRIAL COURTS AT THESTATE LEVEL IN NEW YORK GENERALLY DO NOT HIRE RECENT LAW SCHOOLGRADUATES FOR CLERKSHIPS. Instead, they select law secretaries who are typicallypermanent employees with legal experience and who often acquire the position through thepolitical patronage system. Some counties may hire recent graduates to be pool clerks,as the appellate courts do. In addition, the state courts in New Jersey, Connecticut andelsewhere offer wonderful clerkship opportunities for Hofstra alumni.

Each state has a slightly different approach to clerkships and must be individuallyresearched. A judicial clerk’s compensation, fringe benefits and working conditions arecomparable to those associated with other employment opportunities available upongraduation (with the exception of large law firms). In addition, judicial clerkships offerunique benefits not attained through other types of employment.

A judicial clerkship provides a significant post-graduate experience that will aidprofessional growth and future career planning. A clerkship provides an excellent careercredential for the legal profession and enhances employability in diverse areas of legalpractice. Indeed, most large private law firms are willing to guarantee employment offersfor the one or two-year period during which a graduate is serving a judicial clerkship. Bothlarge and small firms are eager to hire clerks as they end their judicial employment.

A clerkship provides an insider’s understanding of the workings of a particular court(often an attractive asset to future employers). Also, a clerkship in a particular geographiclocale offers contacts, often on a one-to-one basis, and the chance to learn from attorneyshaving substantial experience and expertise. Clerking is an opportunity to learn what to do(and what not to do) as a lawyer, without jeopardizing a client's interests or yourprofessional reputation. In addition, serving as a judicial clerk helps you polish yourresearch and writing skills and gives you time to decide on future career goals. It alsoenables you to make a real contribution to the justice system by providing valuableassistance to the judge and the court for which you work.

3

Many students have the misconception that judicial clerkships are limited to the top10% of students in a law school class. In fact, the scope of students who can potentiallyobtain clerkships is broader than that. With the guidance of knowledgeable facultymembers and the Office of Career Services, along with strategic planning, determination,and a willingness to temporarily relocate, Hofstra Law School students can be successfulin obtaining judicial clerkships. The competition for clerkships is very keen, especially inthe New York metropolitan and Washington, D.C. areas, but there are steps to take tomaximize your chances of becoming a clerk. For example, a willingness to widen yoursearch to less “popular” jurisdictions will greatly enhance your chances. The perspectivesof Hofstra Law School faculty members that follow make it clear that the effort put forth inobtaining a judicial clerkship (even if it means relocating to South Dakota for a year or two)is well worth it.

FACULTY PERSPECTIVES ON THE VALUE OF A CLERKSHIP

From Professor Robin Charlow:

"Clerking for a federal judge was one of the most memorable and invaluableexperiences I have had as a lawyer. I can't imagine a better way to spend one's first yearor two out of school, and having the position on your resume provides an extra measureof consideration for many future jobs. We dealt with a wide variety of cases over a broadspectrum of subject matter areas, so it never got boring or repetitive. Clerks have theunique opportunity to view cases from the perspective of the decision-maker rather thanthe parties, a luxury that few have in subsequent practice. There was nothing more excitingthan opening up the morning paper or turning on the evening news, seeing the case you'reworking on splashed across the headlines, and knowing that, aside from the judge, no onehas more of an inside track on it than you do. The contacts I made during those years--with judges, attorneys, court administrators, and fellow clerks--have lasted to the present,and have come in handy on more than one occasion. In short, it was fun, exciting, andintellectually stimulating, and I highly recommend it."

From Professor Andrew Schepard:

"One of the best jobs conceivable. It's all been downhill since."

From Professor Norman I. Silber:

"Clerking is one of the best experiences a law student can move on to. It'swonderful to have the experience of seeing legal issues from a judge's perspective,regardless of what job you subsequently seek."

4

From Professor Roy D. Simon, Jr.:

"A law clerk is the judge's lawyer. The judge will really rely on you, because thereis no one to check your work. You are responsible for getting it right. And the best part is,your client's job--the judge's job--is to do justice. If you want to put more justice in thesystem of justice, a clerkship is for you."

OVERVIEW OF JUDICIAL CLERKSHIPS

There are four basic types of clerkships: state trial court, federal trial court, state appellatecourt and federal appellate court. In addition, federal magistrates, tax, and bankruptcyjudges hire law clerks, as do most Federal Circuit Staff Attorney Offices and many courtsof special jurisdiction.

TRIAL COURT

State

Each state compartmentalizes its trial courts differently, conferring jurisdiction to hear certaintypes of cases upon certain groups of courts. JUDGES IN THE NEW YORK TRIALCOURTS DO NOT HIRE RECENT LAW SCHOOL GRADUATES FOR CLERKSHIPS.

Federal

The U.S. District Courts serves as the country’s trial courts. Each state and territory has atleast one federal district court. For example, New York has four districts: eastern, southern,western and northern. In addition to the federal district courts, each state has a federalbankruptcy court and federal magistrates located in each of its federal court districts. Manybankruptcy and magistrate judges hire judicial clerks. Magistrates conduct most preliminaryproceedings in criminal cases and handle the trial and disposition of misdemeanor cases.Magistrates also conduct various pre-trial matters in evidentiary proceedings on delegationsfrom the District Court Judges. With the consent of litigants, magistrates can try civil cases.There are also the following federal specialty courts, which hire judicial clerks: U.S. TaxCourt, U.S. Court of International Trade, U.S. Bankruptcy Court and U.S. Court of FederalClaims.

APPELLATE COURT

State

As with trial courts, each state compartmentalizes its appellate courts differently. New Yorkhas an intermediate appellate court - the Supreme Court Appellate Division - that is dividedinto four judicial departments; and its court of last resort is the Court of Appeals. Bycontrast, Massachusetts’ intermediate court - the Court of Appeals - is singular and notdivided into departments. Massachusetts’ court of last resort is the Supreme Judicial Court.

5

Federal

To state the obvious, the United States Supreme Court is the federal court of last resort.The United States Courts of Appeals serve as the country’s intermediate appellate courts.There are twelve regional circuits - the First through Eleventh and D.C. In addition, thereis the Federal Circuit, the U.S. Court of Appeals for the Armed Forces, the U.S. Court ofVeterans Appeals, U.S. Tax Court, U.S. Court of Federal Claims, and U.S. Court ofInternational Trade.

WHAT JUDICIAL CLERKS DO

In their daily work, which differs from court to court and judge to judge, judicialclerks perform a variety of activities. The primary role of a clerk is to assist the judge forwhom the clerk works in operating efficiently under a tremendous workload. The majorduties of a judicial clerk include:

C conducting legal research

C editing

C drafting opinions

C checking citations

C preparing memoranda

C performing legal analysis

C attending oral arguments

Some clerks also have administrative and clerical duties, such as maintainingthe library, filing and photocopying. In the federal courts, many judges have the option ofhiring a secretary or an additional clerk. If the judge has chosen not to have a secretary,clerks will share duties such as answering phones and typing letters. The judge is likely totake part in these responsibilities as well. You may be asked in an interview about yourwillingness to fulfill these types of tasks.

Trial court and appellate court clerkships on both the federal and state levelsdiffer significantly. A court of appeals clerk is involved in every phase of the appellateprocess, from the screening of cases to be heard by the court to the writing of opinions.Appellate court work is generally less hectic than trial work, but nonetheless quite busy.Although clerks in both types of courts have the responsibilities listed above, the trial-levelclerk performs a wider variety of tasks associated with the litigation process.

6

Trial Court

In addition to the duties described above, a typical job description for a trialcourt law clerk might include:

C advising and assisting the judge during trial

C writing jury instructions

C keeping records and performing administrative tasks

C interacting extensively with attorneys

C reviewing and making recommendations on motions

C preparing trial memoranda for the judge, includinga summary of the issues in a particular case

Appellate Court

An appellate-level law clerk's work might be described as more academic innature than the trial-level clerk's, and involves a great deal of research and writing. Thework of the appellate-level clerk includes involvement in the following stages of the appellateprocess:

C Screening: in many courts, the clerk assists with screening cases, astep in which the court decides the cases on which it will hear oral arguments.

C Before the Oral Argument: The law clerk (or, in some cases, a centralpool clerk) reads the record which can be quite extensive and writeshis or her judge's bench memoranda, which summarize the parties’briefs. In addition, the clerk may write memoranda on issues importantto the ruling in a case. The clerk often assists in the administrativetask of preparing for a sitting (when the panel of judges meets to heara series of cases).

C Oral Argument: The law clerk will attend the arguments.

C After the Oral Argument: In federal court, one judge of the three judgepanel is assigned the task of writing the court's opinion. The law clerkis often responsible for drafting the opinion according to the judge'sdirections. This includes a substantial amount of legal research andanalysis. The clerk may also draft dissents, concurrences and rulingson petitions for rehearing, and review the opinions of his or her judge.

7

THE BENEFITS OF A JUDICIAL CLERKSHIP*

There are many benefits that flow from a judicial clerkship. They include:

C learning more about the judicial process in one or two years as a clerkthan many attorneys learn in a lifetime

C exposure to contemporary and ground breaking legal issues as well asthe social and economic implications of those issues

C gaining insight into what makes a good brief, a persuasive argument,and a good lawyer - particularly important is learning what a judgewants and does not want to hear

C enhancing professional development by strengthening analytical ability,writing, communication and persuasive skills

C experiencing a wide variety of cases and areas of law, which gives theclerk a breadth of professional perspective; for those who are uncertainabout their future direction, the experience provides importantinformation upon which to base career decisions; in addition, when itis time for the clerk to pursue a post-clerkship legal position, he or shehas extensive marketable experience

C training intensively through a mentor relationship with a judge

C gaining exposure to many attorneys who practice in the geographiclocation of interest to the clerk; this exposure translates into goodcontacts for future employment

C applying the content of law school courses to the actual practice of lawwhile working on significant legal issues in the real world

*(Modified from excerpts in Paving the Way: Directing Your Legal Career Search, published by theGeorgetown University Law Center.)

8

JUDICIAL CLERKSHIP APPLICATION PROCESS

General Information

The process of applying for a judicial clerkship is not complicated, but it does take time,thought and organization. The following information serves as a general step-by-step guide.Different judges or courts may have specific application requirements that differ from theprocedures suggested herein. You MUST verify the prevailing requirements beforeapplying. Note that the Office of Career Services will assist applicants with their materialsby assisting with law professors’ letters of reference, offering advice, providing mailingenvelopes, giving practical help on such things as mail-merge disks, and paying the postageon up to 300 application packets.

The Application Process

1. Register with Doris Urbach (lawdzu@hofstra.edu) in the Office of CareerServices (OCS) ASAP.

2. Make an appointment with Doris to learn the mail merge process andinstructions.

3. Select the geographic areas and types of courts in which you would liketo work (be flexible).

4. Compile a list of judges to whom you would like to apply. During your mailmerge session, Doris Urbach of OCS will email you a list of U.S. FederalJudges. You must edit the judicial excel file and email the edited file back toDoris right away. Please keep your list to 300 judges or less. Facultymembers and alumni who have clerked can be helpful in realistically advisingyou on this list. If you are applying to federal judges, please regularlycheck the Federal Law Clerk Information System’s list of judges who areNOT accepting judicial clerkship applications. If you are applying forNew York State clerkships, remember that the judges in the New Yorktrial courts do NOT hire recent law school graduates for clerkships. Apply ONLY to judges for whom you would clerk if an offer were made.

5. Use all of the standard resources mentioned in this Handbook. Inaddition, there are a number of underutilized sources that provide the namesof recent judicial appointments. These newly appointed judges will need clerksbut will not receive the volume of applications that frequently deluge otherchambers. Names of newly appointed judges are available in theCongressional Record, U.S. Law Week, and Third Branch(http://www.uscourts.gov/ttb/index.html) and through the following websites:h t t p : / / w w w . u s c o u r t s . g o v / v a c a n c i e s / j u d g e v a c a n c y . h t m ,

9

http://www.law.yale.edu/outside/scr/library/nom/index.asp, http://www.law.umich.edu/currentstudents/careerservices/nomdb.htm,http://judiciary.senate.gov/nominations.cfm

6. The number of letters of recommendation you need will vary by judge, and aminority will want to contact your references directly. You will generally needtwo or three letters of recommendation, preferably from facultymembers. If you are applying to federal judges, please check the FederalLaw Clerk Information System for each judge’s requirements with respectto the number of letters of recommendation. If you are applying for stateclerkships, please consult the Guide to State Judicial Clerkships, acomprehensive guide to the procedures for applying for post-graduatestate court judicial clerkships at all levels in all 50 states and some U.S.territories.

7. Either before or after your mail merge session with Doris Urbach, you mustcontact the professors for recommendation letters and have the professorsemail the letters to Doris at lawdzu@hofstra.edu. You must inform theprofessors to have them ready ASAP and no later than July. Do not just askany professor. Make sure the professor you ask commits to you that he/shewill be happy to do a recommendation letter. Seek recommendations early,because it sometimes takes a while for the recommenders to complete them.The best letters will come from professors who know you well and in whoseclasses you received your best grades or from employers for whom you didyour best work. Give each reference a copy of your resume and a completelist of the judges to whom you want to apply.

8. Upon receipt of the recommendation letters, Doris will prepare the professors’letters for signature. As soon as the letters have been signed, stuffed and theenvelopes signed by the professors, she will contact you to pick them up fromOCS. All recommendation letters must be included in your application packetas letters sent under separate cover may never meet up with the rest of yourapplication.

9. Update your resume to include your upcoming summer position (whereknown), most recent cumulative grade point average, any recent workexperience or honors. Make sure that your resume has no spelling,typographical or grammatical errors.

10. Prepare a cover letter to accompany your resume. Highlight your skills,accomplishments and goals, but do not be arrogant. Include a brief synopsisof your legal background with emphasis on any unusual or especiallyappealing qualifications. You should include an explanation of why you wantto clerk and why you are applying to a particular judge. Although your lettershould be professional in tone, it should also let your personality and interests

10

shine through. As judges receive hundreds of applications from qualified lawstudents, a cover letter provides you with the opportunity to distinguish yourselfand to demonstrate that you are more than just a good student.

11. Decide on a writing sample to use in connection with your applications. Itmust be entirely your own work, and you must submit a clean copy, free ofcomments or editorial marks. Any confidential information must, of course, bedeleted, and, where necessary, permission to use a particular document mustbe obtained from your employer or judge and stated on the face of thesubmitted copy. Pick the best writing you have done and make sure it isinteresting reading. Generally, your writing sample should not be more than 15pages, but the content and quality are more important than the length. Selectsomething that demonstrates your abilities to research, analyze and articulate.

12. Arrange to get a copy of your most recent transcript well in advance of theapplication date, but after the semester immediately preceding the applicationdate so that all available grades will be reflected. Photocopies of an official lawschool transcript are generally acceptable for judicial clerkship applications.

13. Confirm with individuals and their secretaries from whom you have requestedletters of recommendation that the letters will be completed in a timelyfashion.

14. After you have stuffed and sealed your packets, you should deliver themdirectly to the Mailroom in the Butler Annex on campus. With respect tofederal judicial clerkship applications, this should be done on September6, 2005 or later (but NOT before September 6, 2005). If you are unable todeliver them to the Mailroom, you can bring them to OCS in a box and OCSwill arrange to have them picked up and brought to the Mailroom. (Keep inmind it takes 48 hours for Plant to pick up the envelopes from OCS and deliverthem to the Mailroom whereas if you bring them directly to the Mailroom, theywill be taken to the Post Office that day.) Hofstra will pay postage for up to 300judicial clerkship applications (approximately $3.25/envelope) and give you 300large envelopes for mailing. Unused envelopes must be returned to OCS.

15. Keep track of all the judges to whom you have applied, the individuals who arewriting recommendations to each, the date you sent your applications and theresponses you receive.

16. If invited to interview, respond promptly. If you are going to be interviewingin a particular region, call all other judges in the area to let them know you willbe available for an interview at the same time.

17. Prior to an interview, develop a list of questions to ask the judge and thecurrent clerk. Develop a second list of questions that you think the judge might

11

ask you, and think through your possible responses. See the next section forsample questions.

18. Read recent or important cases decided by the judge with whom you willinterview. In the case of judges subject to legislative confirmation, a copy ofthe judge's Senate confirmation hearing and report can be very helpful reading.

19. Twenty-four hours before the interview, confirm the date, time, location andduration of the interview with the judge's secretary or clerk.

20. Arrive on time for the interview.

21. Take extra copies of your resume, transcript and writing sample to theinterview.

22. Plan to spend 15 minutes to two hours interviewing with the judge, clerk andsecretary. Be aware that a judge’s secretary is an integral and very importantpart of chambers, and should be treated with the utmost respect.

23. You should not go on an interview unless you think you would want to work forthis particular judge. Be prepared at the time of the interview (or shortlythereafter) to accept the judge's offer of a clerkship or to withdraw yourapplication. If you do not withdraw your application shortly after an interview,the judge rightfully will assume your willingness to accept a position if offered.If a position is offered, you must take it unless another offer or immediateinterview is pending. It is not appropriate to use the offer to try to get otherinterviews.

24. Immediately after the interview, write a thank-you letter to the judge andanother to the judge's clerk or clerks if you interviewed with them. Do not sendthe same letter to the judge and to the clerk.

25. Keep the Office of Career Services informed of your progress. OCS canbe very helpful to you throughout and should also be advised if you are offereda position.

12

The Interviewing Process

This section will assist you in preparing for the interview by discussing how to gatherinformation about the judge with whom you are interviewing, what to expect in the interviews,questions a judge might ask during the interview, and questions you might ask a judge andcurrent judicial clerk.

Preparing for the Interview

Know your judge. There is nothing worse than being asked about a judge'srecent decisions or particular cases and not being prepared to discuss them. A judge wantsto know that he or she was not randomly selected by you. You should do your research inthe application stage and update it before an interview. Also try to find out if your judge hasany particular interests or involvements outside of chambers.

Begin by looking at reference books such as The Almanac of the FederalJudiciary and The American Bench for biographical information. Do a computer searchon the judge's most recent cases and decisions. Find out if the judge has written any lawreview articles and read them. If possible, talk to individuals who know the judge. Aprofessor or law school graduate may have clerked with this judge or know someone whodid. Current clerks can be a good resource, too. Check with OCS for the names andtelephone numbers of Hofstra Law School students and alumni who are clerking or haveclerked for a particular judge; a list of judges for whom Hofstra faculty members andgraduates have clerked is included in this Handbook.

The Interview

According to an article by two former law clerks, Pete Michaels and StevenNapolitano, that appeared in Student Lawyer, the judge who is interviewing you isconcerned with finding answers to these questions: Does this person show a deep interestin the law? Does this person exhibit the requisite amount of seriousness for the task? Is thisa person with whom I can see myself working on a daily basis?

Judges are seeking skilled, motivated, pleasant individuals as their clerks.They want to know that they can easily converse with their clerks and enjoy doing so. Inaddition, they want to know that their clerks are interested in the law. Napolitano andMichaels state that it is not unusual to be asked questions about your favorite jurist, leastfavorite Supreme Court holding, etc. As they suggest, be prepared for questions that requireintrospection and thought.

The interview, which can last anywhere from 15 minutes to two hours, oftenincludes the current clerk. Remember that the clerk who is interviewing you will be asked bythe judge to evaluate you as a candidate. The judge will expect questions from you, so havesome prepared. In addition, expect questions regarding all of your application materials:resume, writing sample, transcript and recommendation letters - so be familiar with them.

13

Questions a Judge Might Ask a Judicial Clerkship Applicant

C Why do you want to clerk?C Why this particular court?C What do you hope to learn from a clerkship?C Why do you want to clerk for me?C Why do you want to clerk in this city (state, region)?C What do you consider to be your greatest strengths? weaknesses?C What qualities do you have that might make you a valuable law clerk?C What are your short- and long-range legal career goals?C Where do you hope to practice after your clerkship?C What type of law interests you the most?C Describe your work experience.C Describe the work you have completed for your law journal.C Tell me about the courses (professors) you have taken in law school.C To which judges (courts) have you applied?C How would you approach this particular issue, case, problem?C Do you prefer to work with others or independently?C How do you view the occasional long hours and low pay sometimes

associated with a judicial clerkship?C If you and I disagree about a certain issue, would you have any

problems drafting an opinion incorporating my viewpoint?C What interests do you have outside of law school?C Would you have a problem setting aside any political activities during

the course of your clerkship?C What questions do you have for me?

Questions a Judicial Clerkship Applicant Might Ask the Current Judicial Clerk

C Describe a typical day as a clerk in this court. C What responsibilities do you have? C Describe your relationship with the judge. C What are the judge's greatest strengths? Weaknesses? C What contact do you have with the other clerks (with practicing

attorneys in the area)? C Tell me about this city (state, region) as a place to live. C How has this clerkship affected your job search? C How has this clerkship affected your career goals? C What percentage of time do you spend in court, conducting research,

drafting opinions, interacting with the judge? C What criteria affect the judge's selection of a clerk?

14

Questions a Judicial Clerkship Applicant Might Want to Ask a Judge

C What criteria do you use in selecting your clerk? C What would be the scope of my responsibilities? C What is the nature of your docket? C Could we discuss the issues you had to reconcile in your recent

decision in Doe v. Smith? C What is your timetable for making a decision? C Do your clerks have contact with local attorneys? C Describe your legal philosophy. C What do you see as the primary role of this court? C What percentage of my time would I spend in court, conducting

research, drafting opinions? C When can your clerks look for post-clerkship jobs?

(Modified from excerpts in Paving the Way: Directing Your Legal Career Search, published by theGeorgetown University Law Center)

RESOURCES FOR RESEARCHING JUDICIAL CLERKSHIPS

FACULTY AND ADMINISTRATORS WHO HAVE SERVED AS JUDICIAL CLERKS

Professor Matthew T. Bodie Hon. M. Blane MichaelU.S. Court of Appeals, 4th Circuit

Professor Alafair S. Burke Hon. Betty B. FletcherU.S. Court of Appeals, 9th Circuit

Professor Robin Charlow Hon. Richard J. CardamoneU.S. Court of Appeals, 2nd Circuit

Professor Nora V. Demleitner Hon. Samuel A. Alito, Jr.U.S. Court of Appeals, 3rd Circuit

Professor Eric M. Freedman Hon. Irving R. KaufmanU.S. Court of Appeals, 2nd Circuit

Professor Mitchell Gans Hon. Jacob D. FuchsbergNew York State Court of Appeals

Professor Joanna L. Grossman Hon. William A. NorrisU.S. Court of Appeals, 9th Circuit

Professor Grant M. Hayden Hon. Deanell Reece TachaU.S. Court of Appeals, 10th Circuit

15

Professor Danielle R. Holley Hon. Carl E. StewartU.S. Court of Appeals, 5th Circuit

Professor Bernard E. Jacob Justice William O. DouglasUnited States Supreme Court

Professor Lawrence Kessler Hon. Edward C. McLeanU.S. District Court, S.D.N.Y.

Professor Jeffrey R. Knight Hon. Joseph M. McLaughlinU.S. Court of Appeals, 2nd Circuit

Professor Stefan Krieger Hon. Hubert L. WillU.S. District Court, N.D. Illinois

Professor Julian G. Ku Hon. Jerry SmithU.S. Court of Appeals, 5th Circuit

Professor Malachy T. Mahon Justice Tom C. ClarkUnited States Supreme Court

Professor Mark L. Movsesian Justice David H. Souter United States Supreme Court

Hon. Harrison L. WinterU.S. Court of Appeals, 4th Circuit

Professor Andrew Schepard Hon. James L. OakesU.S. Court of Appeals, 2nd Circuit

Professor Norman I. Silber Hon. Leonard I. GarthU.S. Court of Appeals, 3rd Circuit

Professor Roy D. Simon, Jr. Hon. Robert R. Merhige, Jr.U.S. District Court, Richmond, VA

Vice Dean Marshall E. Tracht Hon. S. Martin Teel, Jr.U.S. Bankruptcy Court, District of Columbia

Professor David N. Yellen Hon. C. Arlen BeamU.S. District Court, District of Nebraska(now on U.S. Court of Appeals, 8th Circuit)

Special Professor Grant Hanessian Hon. Dominick L. DiCarlo U.S. Court of International Trade

16

Special Professor Ivy Leibowitz Magistrate Judge David F. Jordan

U.S. District Court, E.D.N.Y.

ALUMNI

Hofstra Law School alumni who have served or are currently serving as judicial clerksare an excellent source of information, as are students who have worked or are working asjudicial interns. The following is a list of many of the judges for whom Hofstra Law Schoolalumni have clerked. In some cases, the information indicates only the jurisdiction in whichthe clerkship was held. Contact the Office of Career Services to see if an alum has workedor is working for a judge for whom you wish to clerk. You may also wish to contact alumnito discuss the clerking experience in general.

PARTIAL LIST OF JUDGES/COURTS/STATES WHERE ALUMNI HAVE CLERKED

AlabamaU.S. District Court: Saba Ashraf (‘93)

ArizonaU.S. District CourtHon. Stephen M. McNamee: Stacey Winick (‘00)

CaliforniaU.S. District Court, Central District of CaliforniaHon. Manuel L. Real: Martin Lax (‘88)

U.S. District Court, Southern District of CaliforniaMagistrate Judge Ruben B. Brooks: Jason Trigger (‘03)

ConnecticutSupreme CourtJustice Flemming L. Norcott, Jr.: Jonathan Weiner (‘02)

Superior Court: Louis Dagostine (‘00)Denise Mondell (‘89)Terri Sonneman (‘95)Renee Cote (‘03)Jason Flemma (‘03)Kent Kolbig (‘03)Ann Wroblewska (‘04)

17

DelawareU.S. Court of Appeals, 3d CircuitHon. Thomas L. Ambro: Eric Lasky (‘00)

Family Court of the State Delaware: Rian German (‘04)

District of ColumbiaU.S. Court of Veterans AppealsHon. John J. Farley III: Jon Batterman (‘91), clerked in 1993

Jennifer Bush (‘93), clerked in 1995Andrew Fechhelm (‘91)Andrea Langszner (‘98)Jessica Mazer (‘02)Elisabeth Monaco (‘89)Dana Olson (‘96)

U.S. Court of Veterans Appeals: Donald Lussier (‘94)

U.S. District CourtMagistrate Judge Alan Kay: Andrea Silverstein (‘01)

U.S. Tax Court Hon. Mary Ann Cohen: Allen Madison (‘94)

Scott Rabinowitz (‘94)

U.S. Tax Court Attorney-Advisor: Stuart Schabes (‘84)

GeorgiaU.S. Court of Appeals, 11th Circuit: Keven H. Friedman (‘98)

IllinoisCircuit Court of Cook County Office of the Chief Judge: Paulette Fagen (‘93)

IndianaState Court of Appeals: Rori Goldman (‘95)

MarylandU.S. Bankruptcy CourtHon. Paul Mannes: Caroline Hall (‘94)

Steven Schwartz (‘96)Reed Sexter (‘92)

MassachusettsU.S. Bankruptcy Court

18

Hon. Henry J. Boroff: Donald Lussier (‘94)

Massachusetts Juvenile Court: Carol Abdelmesseh (‘04)

Massachusetts Superior Court: James J. Mulcahy (‘04)

NebraskaU.S. District Court Hon. C. Arlen Beam (now on U.S. Court of Appeals, 8th Circuit):

Samuel Ramos (‘91)New JerseyU.S. District CourtHon. Maryanne Trump Barry (now on U.S. Court of Appeals, 3rd Circuit):

Richard Spinelli (‘91)

Hon. Katharine S. Hayden: Vincent R. FitzPatrick (‘02)Magistrate Judge Susan D. Wigenton: Mishahayl Abdul-Wahhab (‘04)

Superior Court:Presiding Judge Frederick P. DeVesa: April Glogower (‘04)Hon. Joseph E. Kane (Atlantic City): Amelia Mauriello (‘00)Hon. Richard C. Camp (Newark): Nuris Portuondo (‘97)Hon. Michael Casale (Newark): Ralph Amirata (‘96)Hon. Donald Volkert, Jr. (Newark): Ralph Amirata (‘96)Hon. Elaine Davis (Jersey City): Scott Mandel (‘99)Hon. John A. McLaughlin (Jersey City): Alan Sash (‘98)Hon. James P. Hurley (New Brunswick): Austin Graff (‘00)Hon. Amy O’Connor (Belvidere): Nehal Trivedi (‘00)

Clerked for Other Superior Court Judges:Jean Cipriani (‘94)Ellen Feinsot (‘91)Holly Lyon (‘00)Merryl Shapiro (‘89)Joel Spivack (‘89) Lucia Van Weetering (‘88)Keith Loughlin (‘03)Richard Mulholland (‘03)

Mercer County Family Court: Renee Pinto (‘03)

New YorkU.S. Court of Appeals, 2nd CircuitPro Se Clerks: Rippi Gill (‘00)

Michael Langer (‘00)Maria Pedraza (‘00)

19

Lewis Zirogiannis (‘01)

U.S. District Court, Eastern District of New YorkHon. Denis R. Hurley: Amy E. Bedell (‘02) Hon. Jacob Mishler: Darlene Adelson (‘88)

Deborah Clark-Weintraub (‘86)Lorraine Fields (‘84)Bonnie Garone (‘85)Judith Hepworth (‘87)Ellen Kessler (‘86)Fred Perkins (‘84)Dan Rubin (‘85)Gary VonStrange (‘94)Dan Wallach (‘91)

Hon. Reena Raggi: Susan Joffe (‘89)

Hon. Joanna Seybert: Amy E. Bedell (‘02)

Hon. Arthur D. Spatt: Amy E. Bedell (‘02) Michael Cordello (‘96)

Steven Locke (‘93), clerked in 1995Nora VonStrange (‘94)Daniel J. Venditti (‘04), clerking in 2005-2007

Hon. Leonard Wexler: Cheryl Bader (‘86)David Susswein (‘95)

Magistrate Judge E. Thomas Boyle: Deanna L. Hall (‘02) Laurie Sayevich (‘95)

Stephen Ukeiley (‘96)

Magistrate Judge A. Simon Chrein: Howard Kneller (‘88)

Magistrate Judge Michael L. Orenstein: James Salvage (‘95)

Magistrate Judge Steven M. Gold: Sondra Mendelson (‘00)

U.S. District Court, Northern District of New YorkHon. Thomas J. McAvoy: Andrew Cooper (‘89)

Andrew Reis (‘98)

U.S. District Court, Southern District of New York

20

Hon. William Conner: Kathryn Leone (‘02)Jonathan Weiner (‘02)

Magistrate Judge Kevin N. Fox: Laura Midwood (‘01)Magistrate Judge Mark Fox: Lewis Zirogiannis (‘01)

Pro Se Clerks: Jonathan J. Giovanni (‘01)DawnMarie Goins (‘93)

U.S. Court of International Trade: Fusae Nara (‘91)

U.S. Bankruptcy Court, Eastern District of New York, Hon. Melanie L. Cyganowski: Holly Meister (‘91)

Hon. Dorothy Eisenberg: Sal LaMonica (‘88)

Hon. Jerome Feller: Leslie Berkoff (‘90)Troy Cady (‘97)Scott Greissman (‘94)Richard Rubinstein (‘89)

Hon. Marvin Holland: Howard Kleinberg (‘89)

Hon. Dennis Milton: Matthew Brown (‘01)Robert Hewitt (‘02)

U.S. Bankruptcy Court, Southern District of New YorkHon. Cornelius Blackshear: Simone Moore (‘98)

Peter Sylver (‘97)

Chief Judge Stuart M. Bernstein: Mark Hautt (‘01)

Hon. Arthur J. Gonzalez: Joanna I. Palacios (‘04)

U.S. Bankruptcy Court: Peggy Jansch (‘84)Jennifer Juengst (‘90)Avrum Rosen (‘84)

Appellate Division, 2nd Department: Kenneth Band (‘99)

Appellate Division, 4th Department: Jeannie Boyle (‘98)

North CarolinaLaura Cecere (‘84)

Oregon: Nancy Jettelson (‘91)

21

PennsylvaniaPhiladelphia Court of Common Pleas Hon. Bernard J. Goodheart: Mandy Cohen (‘90)

Rhode IslandMagistrate Judge David L. Martin: James Ingoglia (‘99)

TennesseeU.S. District Court, Middle District of TennesseeHon. William Joseph Haynes, Jr.: Fawn Balliro (‘03)

Texas: Michael Truscott (‘87)

U.S. Bankruptcy Court, Northern District of Texas:Holly Meister (‘91)

U.S. Bankruptcy Court, Western District of TexasHon. Leif M. Clark: Frederick Wen (‘03)

UtahU.S. Court of Appeals, 10th Circuit: Shari Greenstein (‘88)

VermontVermont Trial Court: Susan Norman (‘04)

VirginiaU.S. District Court, Eastern District of Virginia Magistrate Judge James E. Bradberry: Krista Chiauzzi (‘04)Hon. Tommy E. Miller: Cynthia Hall (‘87)

West VirginiaU.S. Court of Appeals, 4th CircuitHon. James E. Seiber: Orit Goldring (‘03) clerked during 2004-2005

U.S. District Court, Northern District of West VirginiaChief Judge Irene Keeley: Jordan Santaramo (‘04)

WisconsinU.S. Bankruptcy Court, Eastern District of WisconsinHon. Charles N. Clevert, Jr.: Jason Brookner (‘94)

U.S. Department of Justice, Executive Office of Immigration ReviewImmigration Court, Newark, NJ: Dara F. Reid (‘04)

22

CAREER SERVICES OFFICE & LAW LIBRARY RESOURCES

Both the Office of Career Services and the Law Library contain extensive materials forresearching and conducting a judicial clerkship search. Remember, your Law Library andits staff provide an invaluable source of materials and information for conducting jobsearches. The Office of Career Services staff is happy to help you find the informationyou need or direct you to the appropriate source in the Law Library.

RESOURCES FOR RESEARCHING JUDICIAL CLERKSHIPS

The American BenchComprehensively explains the federal and state courts located in each state. Containsmaps denoting judicial districts and biographies of all sitting judges (federal and state)nationwide. (latest edition is available in the law library at the reference desk)

Want’s Federal – State Court DirectoryLists all federal judges and courthouses as well as schematic drawings of each statecourt’s judicial system and the names and addresses of state court administrators.

BNA’s Directory of State and Federal Courts, Judges, and ClerksOffers detailed information on state and federal courts and judges as well as schematicdrawings of each state court’s judicial system and the federal judicial system.

Almanac of the Federal JudiciaryContains judges’ biographical information, including where they went to school, theiremployment history, how long they have been on the bench, and a Lawyers’ Evaluation. (available in the law library at the reference desk)

The Guide to State Judicial Clerkship ProceduresCompiled by Vermont Law School, the Guide to State Judicial Clerkships is acomprehensive guide to the procedures for applying for post-graduate state court judicialclerkships at all levels in all 50 states and some U.S. territories. The 2005-2006 editionshould be available around July 1. One hard copy of the Guide is in a binder available forreview in the OCS library.

The guide is also available on line athttp://www.vermontlaw.edu/career/index.cfm?doc_id=90 Contact OCS for username and password information.

New York State Lawyers Diary and ManualNew Jersey State Lawyers Diary and ManualContain lists of federal and state judges in each state.

Behind the Bench: The Guide to Judicial Clerkships by Debra M. Strauss, Esq.

Judicial Yellow Book

23

Contains the names, addresses and biographical information of judges on the U.S.Supreme Court, U.S. Court of Appeals, U.S. District Court, and U.S. Courts of LimitedJurisdiction. It also contains information on state supreme courts and courts of appeals.

Judicial Staff DirectoryProvides current directory and biographical information on United States national, federaland state courts including judges, law clerks, and staff. Also includes information onfederal and state judicial appointees and state judicial elections.

Federal Staff DirectoryContains contact information for federal officials and staff, including biographies of keystaff.

24

HELPFUL WEB SITES

The Federal Law Clerk Hiring Plan http://www.cadc.uscourts.gov/Lawclerk/lawclerk.asp

Federal Law Clerk Information SystemAllows prospective applicants to search a national database of federal law clerkvacancies. https://lawclerks.ao.uscourts.gov

The Federal JudiciaryProvides a search engine for up to date information on federal law clerk vacancies, andbasic information about the federal courts and links to the Circuit Courts and otherinteresting sites.www.uscourts.gov

Federal Judicial NominationsThe following websites contain information about vacancies in the federal judiciaryincluding the names of nominated judges and recently confirmed judges:http://www.uscourts.gov/vacancies/judgevacancy.htm

http://www.law.yale.edu/outside/scr/library/nom/index.asp http://www.law.umich.edu/currentstudents/careerservices/nomdb.htm

http://judiciary.senate.gov/nominations.cfm

Third BranchNewsletter with judicial nominations and confirmations. http://www.uscourts.gov/ttb/index.html

Judges of the United State CourtsThe Federal Judges Biographical Database contains the service record and biographicalinformation for all judges who have served on the Supreme Court, U.S. Courts ofAppeals, U.S. Circuit Courts, U.S. District Courts and U.S. Court of International Trade, since 1789.http://air.fjc.gov/history/judges_frm.html

The Federal Magistrate Judges AssociationProvides an overview of magistrate judges and links to clerkship opportunities.http://www.fedjudge.org/index.asp

American Bankruptcy InstituteProvides an overview of bankruptcy law including a Directory of Judges and Staff for U.S. Bankruptcy Courts http://www.abiworld.org

25

New York Court of Appealshttp://www.courts.state.ny.us/ctapps/clrkship.htm

The Courts of New YorkServes as a guide to New York State's court system, describes all courts in the state ofNew York (including federal courts), and provides information about the courts’ jurisdictionand locations.http://www.nysba.org/Content/NavigationMenu/Public_Resources/Guide_to_New_York_Court_System/CourtsofNY2002.pdf

New Jersey State Courts Includes information about the organization and jurisdiction of New Jersey’s state courtsand judicial opinions and news.www.judiciary.state.nj.us

Connecticut State CourtsDescribes the jurisdiction of the Connecticut courts. Also contains news items and courtdirectories.www.jud.state.ct.us

The Guide to State Judicial Clerkship ProceduresCompiled by Vermont Law School, the Guide to State Judicial Clerkships is acomprehensive guide to the procedures for applying for post-graduate state court judicialclerkships at all levels in all 50 states and some U.S. territories. The 2005-2006 editionshould be available around July 1. Contact OCS for username and password information.http://www.vermontlaw.edu/career/index.cfm?doc_id=90

Nation’s Courts OnlineNation's Courts Online provides comprehensive federal, state, and county court listings. This online version of the Want’s print directories includes frequent updates, federaljudicial vacancies, nominations and confirmations. Contact OCS for username andpassword information and then click on “Nation's Courts Online Current Subscribers ClickHere.” http://www.courts.net/

Judicial Clerkships. ComOffers valuable information and advice about judicial clerkships, as well as links to courtsites and judicial clerkship listings.http://www.judicialclerkships.com/

Jurist: The Legal Education NetworkProvides links to helpful sites that discuss judicial clerkships.http://www.jurist.law.pitt.edu/law_student9.htm

26

National Center for State CourtsProvides extensive links to court sites throughout the nation, many of which provideposition listings available with the courts.http://www.ncsconline.org

EmplawyernetContains Hofstra Law’s job listings. Please call Emplawyernet’s customer service at 800.270.2688, to obtain your individual Hofstra I.D. and password.www.emplawyernet.com

27

QUESTIONS MOST FREQUENTLY ASKED ABOUT CLERKSHIPS

When should I apply for a Federal judicial clerkship?

Critical Dates for 2005

The Day After Labor Day (September 6, 2005) First date that post-graduate judicial clerkship applications from graduating lawstudents may be postmarked.

Thursday, September 15, 2005The first date that judges may begin scheduling interviews.

Thursday, September 22, 2005The first date that judges may begin conducting interviews.

For more information see the Summary of the Federal Law Clerk Hiring Plan for2005 & 2006 in this Handbook’s Appendix.

When should I apply for a State Judicial Clerkship?

The timing of applications for state court clerkships varies, and should be checkedwith the Office of Career Services. New Jersey generally has clerkships which arefilled by applicants during their second and third years of law school. Some statesaccept applications between July and mid-September. Some states may adoptprocedures similar to Federal Law Clerk Hiring Plan. Judicial Clerkship applicantsare advised to consult the Guide to State Judicial Clerkships, a comprehensiveguide to the procedures for applying for post-graduate state court judicialclerkships at all levels in all 50 states and some U.S. territories.

Should I apply for a federal or state clerkship?

Federal court clerkships are very prestigious and therefore very competitive. U.S.Court of Appeals clerkships are awarded to those with outstanding credentials,particularly in the most competitive Circuits such as the District of Columbia, theSecond, Fifth and Ninth Circuits. Federal District Court clerkships, which are alsovery competitive, may be somewhat less difficult to obtain. In recent years, lawstudents with substantial writing experience and who are in the top portion of theirclass have succeeded in obtaining federal clerkships.

Many state courts provide an excellent learning experience and are more interested in attracting students with demonstrable ties to the area or with a desireto practice law in their geographic location. State court clerkships are well worthapplying for and can open doors professionally to those who take advantage ofthem.

28

How many judges should I contact?

Apply only to those judges for whom you believe you would clerk if a position wereoffered. That said, some successful candidates have reported applying to anaverage of 300 judges. This process is facilitated by the use of mail merge. TheOffice of Career Services oversees all use of mail merge for judicial clerkshipapplications and no applicant is permitted to use mail merge for this purpose,before receiving personal instruction from Doris Urbach in the Office of CareerServices.

What constitutes a judicial clerkship application?

Generally, the application will consist of a cover letter, resume, transcript, writingsample and 2-3 letters of recommendation.

Consult the resources listed in this Handbook to determine whether the judge hasspecified a particular form or method of application. If you are applying tofederal judges, please consult the Federal Law Clerk Information System foreach judge’s requirements. If you are applying for state clerkships, pleaseconsult the Guide to State Judicial Clerkships, a comprehensive guide to theprocedures for applying for post-graduate state court judicial clerkships atall levels in all 50 states and some U.S. territories.

Should I follow up my initial letter of application?

Sometimes, applicants receive some notice from the judge, if only anacknowledgment of receipt. You should follow any instructions in that notice. Federal judges will adhere to the Federal Law Clerk Hiring Plan. With respect tostate courts, if you do not receive a notice, or if the notice contains no instructions,you may contact the court, the judge's secretary or current judicial clerk, or thecontact listed in the Guide to State Judicial Clerkships in order to ascertain thecourt’s / judge's timetable for making a decision.

What influences the judge's decision to interview an applicant?

A. Applicant's gradesB. Demonstrable writing skillsC. Faculty or supervising attorney recommendationsD. Judge's preference for applicants from a specific law school or geographic

area

29

How can I increase my chances with a judge for whom I most want to work?

A. Ask a faculty member to write a personalized letter to the judge.B. Prepare extensively for the interview by researching the judge's recent and

important decisions.C. Contact current or former law clerks of the judge or clerks with other judges

on the same court to ask for interview tips.

What type of writing sample should I submit?

Your writing sample should be your best work. It should be brief or excerpted;solely yours (not a joint or edited effort); related to the type of research and writingyou would complete for the judge (a brief or legal memorandum is mostappropriate); and above questions of ethics and confidentiality (not a matterprepared for an actual client of one of your employers unless you have gotten youremployer’s permission and have redacted all identifying information and names). Ifyou have published in a law journal, you might want to submit your article if it isn’ttoo long. Note that some judges want applicants to include their writing samples inthe initial application packet; others want writing samples only from thoseapplicants they plan to interview. Verify the appropriate procedure for the judgesto whom you are applying. If you are applying to federal judges, pleaseconsult the Federal Law Clerk Information System for each judge’srequirements. If you are applying for state clerkships, please consult theGuide to State Judicial Clerkships, a comprehensive guide to the proceduresfor applying for post-graduate state court judicial clerkships at all levels inall 50 states and some U.S. territories. When in doubt, send the writing samplewith the rest of your materials.

Do all judges require a personal interview with an applicant before making adecision?

Most do, but some rely on interviews conducted by former clerks now practicing inyour geographic location. Others rely on law school faculty referrals. Some judgeshave on occasion arranged telephone interviews.

Once a judge grants an interview, is it appropriate to contact the other judges inthe area to let them know I will be available for an interview at the same time?

Yes, if they are interested in you and the time is convenient, they will scheduleinterviews with you.

Will interview expenses be reimbursed?

No.

30

How is interviewing for a judicial clerkship different from most legal jobinterviews?

The judicial clerkship interview is above all else a function of the judge'spersonality. As such, it is individualized rather than standardized. It may take from15 minutes to two hours; it may be an extremely informal, personal conversation ormay take the form of an intense formal examination utilizing legal hypotheticals,may include the judge's current clerk, or may be a meeting of only the judge andapplicant. The judicial clerkship interview places the applicant under closerpersonal scrutiny because the relationship of judge to clerk is personal as well asprofessional.

How can I find out what clerking with a particular judge is really like?

The judge's current or former clerks, as well as clerks for other judges of the samecourt, are the best source of this information. The Office of Career Services canprovide you with the contact information of Hofstra alumni who are or have beenjudicial clerks. Most alumni are happy to discuss their clerkship experiences withstudents.

How do I decide among alternatives if I am offered more than one clerkship?

This situation will probably not arise because a judge's offer of a judicial clerkshipposition requires a prompt response. You should not apply for a clerkship youwould not accept. Very few judges will hire you without an interview of some sort. After the interview, you will have the information necessary to make a decision. Consequently, during or shortly after the interview, you should do one of twothings: (a) withdraw your application if you would not accept an offer or (b) beprepared to accept an offer immediately and, if you do accept an offer, withdraw allother applications. Unlike job offers from private sector employers, judicialclerkship offers should never be used to obtain other offers.

How will a clerkship affect my search for a permanent position?

Clerkships usually increase an applicant's marketability because the same skillsand credentials that make you attractive to a judge will also make you attractive toan employer. A clerkship is clearly an educational experience. Employers value itfor this reason.

Some judges feel strongly about the timing of a clerk's post-clerkship job search. This is an area that should be explored with each judge. Many private sectoremployers will interview but not make job offers to applicants with upcomingjudicial clerkships. These same employers usually are most willing to reestablishcommunication with the applicant during or at the end of the clerkship. Large firmsmay allow an individual to whom an offer of employment has been made to begin

31

as an associate following a clerkship. Many firms even give a financial bonus tosuch an associate.

Judicial law clerks are eligible to apply for some federal government honorsprograms like the very prestigious Department of Justice’s Bristow Fellowship(http://www.usdoj.gov/osg/opportunities/bristapp.html ) Other federal honorsprograms that accept applications from current judicial clerks include the CIA, theComptroller of the Currency, the EPA, the EEOC, HUD, the IRS, the Departmentof the Interior, the Department of Justice Attorney General’s Honors Program, theDepartment of Labor, the NLRB, the SEC and the Nuclear RegulatoryCommission. For more information, review the Government Honors & InternshipsHandbook, available online at www.law.arizona.edu/career/honorshandbook.cfm.Contact OCS for username and password information.

What role can the law school faculty play in my judicial clerkship search?

In brief, Hofstra Law School faculty members:

A. Maintain a Placement and Clerkship Committee whose members areavailable to answer questions and to assist students in finding helpfulfaculty;

B. Are available to describe those courts and judges with whom they arefamiliar;

C. Function in an advisory capacity; professors can consult with you indetermining where to apply and write letters of recommendation. Most faculty members are willing to participate in the application process, butbecause of time constraints, they limit the number of students with whomthey will work closely. So, ask. And, if turned down, ask someone else orsee the Office of Career Services for assistance.

Citizenship Requirements for Judicial Clerkships

Law students who are not U.S. citizens should access the federal employmentpolicy regarding non-citizens at www.opm.gov/employ/html/non_cit.htm

The Office of General Counsel, Administrative Office for the U.S. Courts is willingto speak with law students who are not U.S. citizens who wish to clarify whetherthey are eligible for compensation as a federal judicial clerk. The telephonenumber is 202.502.1100.

Clerking for Administrative Law Judges

Students should look at pages 68-69 of Behind the Bench: The Guide to JudicialClerkships by Debra M. Strauss for a discussion about clerking for administrativelaw judges. Students should also look at pages 151-152 of the Want's Federal-

32

State Court Directory (2005) for a list of the chief administrative judges for themajor federal agencies and then contact them directly to see if they have anyclerkship openings. Both books are available in OCS.

Clerkships with Immigration Courts

Students interested in clerking for an immigration judge should apply for theDepartment of Justice's Attorneys Honors program because the Executive Officefor Immigration Review (EOIR) participates in the Honors Program and offers 1 to2 year judicial clerkships in the Office of the Chief Administrative Hearing Officerand the Board of Immigration Appeals, located in Falls Church, Virginia (nearWashington, D.C.). EOIR also hires Honors Program applicants for one-yearclerkships in Immigration Courts located nationwide. Dara F. Reid (‘04) clerkedduring 2004-2005 in the Immigration Court in Newark, New Jersey.

More information about the Executive Office for Immigration Review is available athttp://www.usdoj.gov/eoir/

For more information, please also visithttp://www.usdoj.gov/oarm/arm/hp/hpfaqs.htm#e and http://www.usdoj.gov/oarm/arm/componentsdesc.htm#eoir

The Attorney General's Honors Program (Honors Program) is the Department'srecruitment program for entry-level attorneys and is the only way the Departmenthires graduating law students. The Honors Program is highly competitive.

For an application and information about key dates, eligibility, applicationprocedures, and frequently asked questions, please go to the following website:http://www.usdoj.gov/oarm/arm/hp/hp.htm

How to Address a Judge Who Has Been Confirmed But Not Sworn In

If as of the date of your letter, the judge has been confirmed but has not beensworn in, he or she can be addressed as Mr. or Ms. as opposed as your honor andjudge.

Judicial Clerkship Institute

Students who have accepted post-graduate judicial clerkships with a federal judgemay be interested in participating in the Judicial Clerkship Institute held annually atPepperdine University. All clerks must receive the permission of their judgesbefore participating in the program. For more information, please visit http://law.pepperdine.edu/current/centers_programs/jci/

APPENDICES

Federal Judges Law Clerk Hiring PlanFall 2005 & Fall 2006

THE LAW CLERK HIRING PLAN FOR 2005 & 2006

•

The hiring of law clerks will be done no sooner than the Fall of the third yearof law school .

•

Law schools and law faculty members will discourage potential applicantsfrom submitting applications for clerkship positions before the day afterLabor Day of their third year of law school . The law schools will do nothingto facilitate the release of official transcripts and they will discouragefaculty members from sending letters of reference or making calls on behalfof law clerk applicants before the day after Labor Day of the third year oflaw school.

•

Law clerk applications from third year students, and letters of reference ontheir behalf, may not be sent before the day after Labor Day .

•

Law schools are strongly encouraged to continue bundling applications(including cover letters, resumes, recommendations, transcripts, andwriting samples), so that each applicant's materials arrive together and allapplications from a particular school arrive at the same time .

• There will be a "reading period" between the day after Labor Day and thesecond Thursday after Labor Day during which law clerk applications andletters of reference can be received, sorted, and reviewed by chambers .

•

Judges may begin scheduling interviews at noon (EDT) on the secondThursday after Labor Day . No arrangements for interviews may be madebefore then .

•

Judges may not conduct interviews or extend offers before the thirdThursday after Labor Day .

•

The critical dates under the Law Clerk Hiring Plan for 2005 & 2006 are asfollows:

Event Fall 2005 Fall 2006First date when applications Tuesday, Tuesday,may be sent ("postmarked") : September 6, 2005 September 5, 2006

First date when Judges Noon (EDT), Noon (EDT),may begin Thursday, Thursday,

scheduling interviews : September 15, 2005 September 14, 2006

First date on which interviews Thursday, Thursday,may be held : September 22, 2005 September 21, 2006

• The Plan does not cover applicants who have graduated from law school .Therefore, judges may interview and hire law school graduates at any time .

•

Offers may be made as soon as interviews are permitted under the Plan .Generally, it is for the judge to determine the terms upon which an offer isextended. However, judges are encouraged not to require an applicant toaccept an offer immediately without reasonable time to weigh it againstother viable options that remain open to the applicant . This would notprohibit an applicant from accepting an offer on the spot .

•

In appropriate circumstances, judges may wish to consider using videoconferencing in lieu of personal interviews .

•

The current Law Clerk Hiring Plan will remain in effect during 2005 and2006. The Plan will be reviewed again by the Ad Hoc Committee after thefall 2006 hiring season .

Frequently Asked Questions About the Law Clerk Hiring Plan

•

Who is covered by the Plan?

A The Plan is designed for all federal judges, including Circuit Judges, DistrictCourt Judges, Magistrate Judges, and Bankruptcy Judges . The Plan does notinvolve Supreme Court Justices.

•

How can it be determined whether a judge is participating in the Law ClerkHiring Plan?

A The Federal Law Clerk Information System ("FLCIS"), which is managed by theAdministrative Office of the United States Courts, has a Web Site that allowsprospective law clerk applicants to search a national database of federal law clerkvacancies. Judges have been encouraged to list their vacancies on the site and toindicate their participation in the Law Clerk Hiring Plan . The Administrative Officehas been asked to prepare a list containing the names of all of the participatingjudges. It will be available on the FLCIS website .

•

How does a judge get assistance in using the FLCIS ?

A Judges should contact the User Support staff in the Systems Deployment andSupport Division, San Antonio, Texas at (210) 301-6323, or Michele Reed in theArticle III Judges Division at (202) 502-1862 .

•

How do prospective law clerk applicants use the FLCIS?

A The Web Site is located at : https:// lawclerk.ao .uscourts.gov

•

When is the law clerk hiring period?

A As a general matter, the "hiring period" under the Law Clerk Hiring Plan is in thefall, beginning after Labor Day . Applications may be sent no earlier than the dayafter Labor Day. Interviews may be arranged no earlier than noon (EDT) on thesecond Thursday after Labor Day. And interviews may commence no earlier thanthe third Thursday after Labor Day .

Q May a judge elicit or receive oral recommendations from law professors beforethe fall hiring season?

A No. Faculty members should not send letters of reference or make calls onbehalf of law clerk applicants before the Fall of the third year of law school .

Q Are judges forbidden from hiring law school graduates for law clerk positionsthat come open outside of the normal Fall hiring season .

A No. The Plan does not cover applicants who have graduated from law school .

Q Does the Plan endorse summer interviewing?

A No . Many judges and law school officials would have opposed the Plan had itendorsed summer interviewing . There was a concern that summer interviewswould be very inconvenient for many people . The reasons are manifold : manyjudges are away on vacation during the summer; law clerk applicants areotherwise occupied with summer jobs, vacations, foreign travel, and barexaminations (for recent graduates) ; law professors often are away on vacationand thus unavailable to furnish references; and many law school placement officesare not equipped to assemble the materials needed to support .law clerkapplications until September. Thus, under the Plan, applications and referencesmay not be sent before the day after Labor Day, interviews may not be scheduledbefore noon on the second Thursday after Labor Day, and interviews may not beconducted or offers extended before the third Thursday after Labor Day . However,the Plan does not forbid a law student who, say, is from Virginia and working inTulsa during the Summer from talking with a judge who is otherwise available tochat. This has happened in the past and the judges saw no reason to prohibit itunder the new Plan . The main point, however, is that the formal hiring process willtake place in the fall pursuant to the schedule set forth in the Law Clerk HiringPlan .

Q Are Judges forbidden from hiring third year law students or law graduates forlaw clerk positions for years beyond the next immediate court term?

A No. The Law Clerk Hiring Plan does not purport to prohibit the hiring of thirdyear students or law graduates for years beyond the coming term. Most judges filltheir vacancies only one year in advance of a vacancy . But the Plan does notmandate this. The principal purpose of the Plan is to have Judges focus onapplicants who are in their third year of law school or beyond . So it is not aviolation of the letter or the spirit of the Plan for a judge to hire a third yearstudent or law graduate for years beyond the next immediate court term . "Futurehires" are not forbidden so long as the applicants are third year students or lawgraduates .

Q When can a judge make an offer to an applicant and how much time does anapplicant have to respond to an offer?

A Offers can be made as soon as interviews are permitted under the Law ClerkHiring Plan. Generally, it is for the judge to determine the terms upon which anoffer is extended. However, judges are encouraged not to require an applicant toaccept an offer immediately without reasonable time to weigh it against otherviable options that remain open to the applicant . This does not prohibit anapplicant from accepting an offer on the spot if she or he so chooses . In addition,law schools are encouraged to remind their students that they need not accept thefirst offer that they receive; rather, applicants should be counseled to weigh anyoffer against other viable options that remain open to them .

Q Have the Law Schools endorsed the Plan?

A Yes . Endorsements have been received from the American Law DeansAssociation, the Association of American Law Schools, and numerous individuallaw school Deans and Placement Directors . An overwhelming majority of the lawschools follow the Plan . In addition, the Plan has been endorsed by the NationalAssociation of Law Placement ("NALP" - www.nalp.org ) .

Members of the Ad Hoc Committee on Law Clerk Hiring

Judge Harry T. Edwards, Co-Chair, D .C . CircuitJudge Edward R. Becker, Co-Chair, Third Circuit

Judge Sandra L. Lynch, First CircuitJudge Robert A. Katzmann, Second CircuitJudge Allyson K. Duncan, Fourth Circuit

Judge Edith H . Jones, Fifth CircuitJudge Ransey Guy Cole, Jr ., Sixth CircuitJudge Diane P. Wood, Seventh CircuitJudge Steven M . Colloton, Eighth CircuitJudge Stephen Reinhardt, Ninth Circuit

Judge Pamela Rymer, Ninth CircuitJudge Michael McConnell, Tenth CircuitJudge William H . Pryor, Eleventh Circuit

Judge Alan Lourie, Federal CircuitChief Judge Thomas Hogan, District Court, D .C. Circuit

Judge J Frederick Motz, MDDJudge Alicemarie Stotler, CACD

B

Federal Law Clerk Positions: Standard Search

Home I UsNgINo-Ofte I

I Employment Information

Select Court :

F SeWsOn -- !A--Circuit / Court Typo

Judge TypeF Any Type

Starting Date

SUrm8

!-AnyDate - ~1Jobs Posed / Updated

FLCmPages :

Rep0tlC

iAJ\!ooatunowhhinthesdeo~d Federal Circuit 7- 1

Court -- click on the map icon above for a complete list of court locations

First Name

Avai5ble

FilledStatiYs' (either or both)

I court NameSort Results By :

nCbrd

°°Youm`v»on the 'Courts' link tocism!n'~m 2 - , if

exChForm1

Low Name

^ ~

What's New Courts- Help

Homepage.gov

StaNab Search

Lawclerk Employment Information :

Duties Qualifications Salaries and BenefifoDuties, Qualhications,-Benefits

:Hla=v mo

ov/einfoM4intairi .~t)g-th~D-Public_T(q~~t :-E~thjcs-for

Clerk's

About the United States Courtsxttpn:Hlawoenm .aouoouuno.gov/auvumoo .omn

9aeolof2

RenO8e Sean:hFor0

---! Term

Career

Temporary! Type of Cie rks hip

SEARCH.

Please review the list MyOges who have reported they have no clerkship positions or no vacancies before submittingyour application. AStatuoooamhfor^fiUod^dodmhooudauohoukjbemvowedbofonauubmitUngapp!icuUonpackages .

* This field is required .

C

Geographic Boundariesof United States Courts of Appeals and United States District Courts

Eastern

we,tern W AEastern

OR

NV

A

UT

Central

AZ

ID

MT

NM

CO

ND

SD

NE

KS10

11

Western

Northernr .,-

OKEastern

Northern

Southern

Northern

Western

WesternEastern t

LA

Western

Southern

> Western

WL',taste

Central

Eastern

SouthernEar rn

iVes n

NorthernI Northern

Northern

..GAI

(Middle Middle (Southernn

ou herSouthern

tiddip

Ea tern

stem,

Northern

lesterr) .

Eastern

Northern Northern

I

Southern

Southern

Western

taSddle Ease n

Ear

Northern

Southern

Vest n

ddl

Kes n

LMiddle

Sout

Western

1 PA ,Western •',Midhem

Northern

NY

P

rter

Ea

0

State-Corresponding Federal CircuitAlabama - 11th CircuitAlaska - 9th CircuitArizona - 9th CircuitArkansas - 8th CircuitCalifornia - 9th CircuitColorado - 10th CircuitConnecticut - 2nd CircuitDelaware - 3rd CircuitFlorida - 11th CircuitGeorgia - 11th CircuitHawaii - 9th CircuitIdaho - 9th CircuitIllinois - 7th CircuitIowa - 8th CircuitKansas - 10th CircuitKentucky - 6th CircuitLouisiana - 5th CircuitMaine - 1 st CircuitMaryland - 4th CircuitMassachusetts - 1st CircuitMichigan - 6th CircuitMinnesota - 8th CircuitMississippi - 5th CircuitMissouri - 8th CircuitMontana - 9th CircuitNebraska - 8th CircuitNevada - 9th CircuitNew Hampshire - 1st CircuitNew Jersey - 3rd CircuitNew Mexico - 10th CircuitNew York - 2nd CircuitNorth Carolina - 4th CircuitNorth Dakota - 8th CircuitOhio - 6th CircuitOklahoma - 10th CircuitOregon - 9th CircuitPennsylvania - 3rd CircuitRhode Island - 1st CircuitSouth Carolina - 4th CircuitSouth Dakota - 8th CircuitTennessee - 6th CircuitTexas - 5th CircuitUtah - 10th CircuitVermont - 2nd CircuitVirginia - 4th CircuitWashington - 9th CircuitWest Virginia - 4th CircuitWisconsin - 7th CircuitWyoming - 10th Circuit

E

How To Address Judges In Your Correspondence*

Addressee Address Letter & Envelope Salutation

FEDERALICOURTSU. S. SupremeCourt :The Chief Justice The Chief Justice of the United

StatesSupreme Court of the UnitedStatesAddress

Dear ChiefJustice :

Justices Justice (surname)Supreme Court of the UnitedStatesAddress

Dear Justice(surname) :

U. S. Court ofAppeals :Chief Judge Honorable (full name), Chief

JudgeUnited States Court of Appeals

for the

CircuitAddress

Dear Judge(surname) :

Judge or SeniorJudge

Honorable (full name)

Name of Court

lAddress

Dear Judge(surname) :

U.S . DistrictCourts and otherfederal courts,includingBankruptcyCourt, etc. :Chief Judge Honorable (full name), Chief

JudgeName of CourtjAddress

Dear Judge(surname) :

Judge or SeniorJudge orMagistrate Judge

Honorable (full name)Name of CourtAddress

Dear Judge(surname) :

NEW YORKSTATEICOURTSCourt ofAppeals :Chief Judge Honorable (full name), Chief

Judge

'JudgeCourt of AppealsAddress

Dear Chief

(surname) :

Associate Judge Honorable (full name)Court of Appeals(Address

Dear Judge(surname) :

Appellate Division andAppellate Term:!Presiding Justice Honorable (full name),

Presiding JusticeAppellate Division,DepartmentAddress

DearPresidingJustice(surname) :

Justice Honorable (full name)Appellate Division,DepartmentAddress

iDear Justice(surname) :

Supreme Court, Court ofClaims, Town JusticeCourts, Village Courts :Administrative Judge Honorable (full name)

Administrative Judge,CountyName of CourtAddress

Dear Justice(surname) :

Justice Honorable (full name)Name of Court,Address

Dear Justice(surname) :

Civil & Criminal Courts(NYC), Family Court,District Court, County,Court, City Court :Supervising Judge Honorable (full name),

Supervising JudgeName of CourtAddress

Dear Judge,(surname) :

Judge

: Honorable (full name)Name

ofCourt

Address

Dear Judge

Surrogate's Court;Surrogate Honorable (full name),

SurrogateSurrogate's Court,CountyAddress

DearSurrogate(surname) :

ICOURTS IN OTHERSTATES

11 1 -

. 11

-

All Appellate Courtsincluding SupremeCourts ,:Chief Justice Honorable (full name)

Chief Justice, SupremeCourt of the State(Commonwealth) of(state name)Address

Dear Justice(surname) :

Justice Honorable (full name)Supreme Court for the State(Commonwealth) of (statename)Address

Dear Justice(surname) :

Other State Courtsincluding Trial andSuperior Courts :Chief Judge Honorable (full name)

Judge, CourtAddress

Dear JudgChief (surname) :

Judge EHonorable-

(full name)lCourtAddress

Dear Judge(surname) :

*NOTES:

•

The names of courts and the titles of judges vary significantly . The informationprovided here is meant as a general guide only . You should double check beforesending correspondence to any particular judge. You may wish to consult with anOCS counselor and/or look at the resources available in OCS .

•

Please verify the proper addresses for the judiciary in states other than New York .•

In correspondence with the judiciary, refer to the place where they work as"chambers," not "office" or "firm ."

•

TRIPLE CHECK THE CORRECT SPELLING OF THE JUDGE'S NAME .

F

Preparing for Judicial Clerkships :Tips for Students Spending Their Summers in the Private Sector

Prepared by NALP's Judicial Clerkship Committee

Because of the new judicial clerkship timing guidelines, private sector legal employers are facing somenew issues . Most larger employers have indicated that interest in a clerkship will have no bearing,positive or negative, on consideration regarding the extension of an offer to join the firm upon graduation .They have a pretty good idea from past years about the percentage of summer associates who clerked andhave planned the size of their current summer classes accordingly . No one assumes the change in timingis going to drastically change the end result. Smaller firms, whose needs may not allow as muchflexibility, are more likely to consider clerkship applicants on a case-by-case basis .

Communication Between Employers and Students

In order to plan their fall recruiting, employers need a good sense of the number of summer associateswho will be seeking clerkships. The new timing of the clerkship interview process makes clearcommunication on this issue imperative, and you should expect to be asked about it sometime during thesummer. Consider the possibility that your employer may be contacted as a reference by a judge and thatyou may want to use summer work product as a writing sample . If your clerkship application comes as asurprise to your employer, you've made life more difficult for everyone concerned .

Employers are encouraged to make their policies and attitudes toward clerkships known early and often .If you are unsure about your employer's attitude, look for a chance to ask about it . When asked aboutclerking, remember to convey your enthusiasm for your summer job and interest in your employer whileyou are explaining your thoughts about clerkship applications . Remember, too, that it is perfectlyreasonable to be uncertain about applying for clerkships, especially early in the summer ; you need notgive a categorical answer to your employer immediately -just be straightforward about what you arethinking .

Learn from Those Who Came Before You

During the summer, seek out former judicial clerks for their ideas about different judges and differenttypes of clerkships, as well as about the value of their clerkships both from their personal and their firm'sperspective .

Planning for the Fall

Students interviewing for private sector jobs in their third year are expected to bear the brunt of theuncertainty associated with the new hiring schedule . They will probably face a longer wait as firms sortout their vacancies, and third-year students concurrently applying for clerkships will be more likely toremain in limbo until they know whether or not they will be clerking .

Students are encouraged to report any change in their status promptly to prospective employers . Promptreporting benefits fellow students who are still seeking jobs as well as employers .

Check out the full report, "The New Face of Fall Hiring : The Effects of the New Judicial Clerk HiringPlan on Other Hiring Practices" on NALP's web site at www.nalp.orR/jobseekers/clerk rL)t.pdf (in PDFformat) for a more detailed discussion of these and other ideas . For more detailed information on the lawclerk hiring plan, visit www.cadc.uscourts .gov/lawclerk .

XT A T D1,-

G

Fellowships and Clerkships? Planning Issues in the New Regime

Prepared by NALP's Judicial Clerkship Committee

Now that most judges are hiring law clerks in the fall of third year, students interested in fellowships and clerkships havea new set of questions to consider in planning their applications . Major issues are highlighted below ; these were culledfrom focus group meetings with public sector employers conducted by NALP's Judicial Clerkship Working Group inearly 2003 . Remember also to use the resources available to you-your public interest and clerkship advisors can talkthrough these questions with you, and can direct you to former clerks, fellows, or others who could offer helpful insights .

Your Clerkship Plans Will Matter-Find Out How

Employers will probably ask you if you are concurrently applying for clerkships, and your answer will matter to them .The degree to which it matters will depend on the organization and the fellowship . For employers with their ownfellowships, like the ACLU, it may mean that they interview more applicants to compensate for the fact that some willaccept clerkships and withdraw from the pool . For those that sponsor candidates for project-based fellowships like EqualJustice Works, candidates' plans could be more significant, since losing a candidate in the fall could effectively shut themout of the fellowship cycle . Do not hesitate to ask about an organization's policies and views on clerkship applicants ; youneed that information early in the process to make an informed decision about your application plans for fellowships aswell as clerkships .

Look Broadly

This is hardly new advice, but it is particularly appropriate this year . If you are seeking a sponsor, look at a wide varietyof organizations-some organizations may turn you down if you are applying for clerkships, while others will be moreaccepting. Consider also a broad range of fellowships-fellowships within organizations, schools, or government entitiesmay have more flexibility. Similarly, if you consider a wide range of judges, you have more chances to find those whoare well-matched to your interests and skills and who are hiring on a timetable that works for you .

Talk Frankly with Potential Sponsoring Organizations

Find out how you would fit into an organization's plans if you also apply for clerkships . Will the organization sponsorclerkship applicants? Would the organization's decision depend on your project proposal? Some organizations may bewilling to sponsor a clerkship applicant who has developed his or her own project, but less willing to sponsor someone fora project that the organization has developed to meet its core mission . Is the organization willing to sponsor multiplecandidates for similar projects? For different projects? If so, how would the organization rank the candidates?

Consider Different Timing Scenarios

Think about whether it makes more sense to concentrate on one set of applications in a given year . For example, youmight focus on fellowship applications this year and wait until next year to consider clerkship applications, or vice versa .Both the fellowship and clerkship processes are highly competitive . If you want to apply sequentially, consider whichsequence would work best for you-based on your enthusiasm for each option, your relative strengths and weaknesses asa candidate in each arena, and any time limitations or other restrictions placed on applicants for different fellowships .Even if you apply for both in the same year, remember that you do not have to apply at the same time . You may be ableto apply to early-hiring judges, then to fellowships with late fall deadlines if you have not obtained a clerkship . If youdecide to concentrate on fellowships early, you are likely to find some judges still hiring after the fellowship decisions aremade-you just cannot predict how many or where .

Check out the full report, "The New Face of Fall Hiring : The Effects of the New Judicial Clerk Hiring Plan on OtherHiring Practices" on NALP's web site at www.nalp .org/jobseekers/clerk rpt.pdf (in PDF format) for a more detaileddiscussion of these and other ideas . For more detailed information on the law clerk hiring plan, visitwww.cadc.uscourts.gov/lawclerk .

AT A T D1 ... ---

H

Reflections

Judges' Clerks Play Varied RolesIn the Opinion Drafting Process

In 1875, Massachusetts Chief Justice Horace Grayhired a law-school graduate to be his secretary . TheChief Justice paid the young man - whom he called

a puisne l judge - from his own pocket . A few yearsafter the Chief Justice was elevated to the SupremeCourt, the United States government decided to pay fora clerk for each Justice . 2 Most Justices hired stenogra-phers, but Justice Gray continued to hire young lawgraduates .

In 1919, after the government decided to pay for typ-ists and a clerk, the other Justices began to hire recentlaw graduates . Thus began in federal court the institu-tion of law clerks,3 which became common in federalcourt in 1936, when district judges were allowed to uselaw clerks, and widespread since 1959, when certifica-tions of need for district judges were no longerrequired .'

What Law Clerks DoLaw clerks, the generic title used in this article, are

integral to the decision-making process, both federallyand in every state court of record. They "are not merelythe judge's errand runners . They are the soundingboards for tentative opinions ." 5 Law clerks do "time-consuming and essential tasks : checking the record,checking citations, performing legal research, and writ-ing first drafts . . . . Law clerks are indispensable to thejudges, enabling them to focus on the decision itself andthe refinement of the decision in writing . ,6 Dan White,the satirist, explains the law clerk's role this way : "Alljudicial clerks do the same thing, namely, whatever theirjudges tell them to do ."

Law clerks are extensions of their judges . Whateverthey do reflects on their judges . Good law clerks willexcel at research, writing, administering the docket, andconferencing cases if in a trial part . Good law clerksmaintain all personal and judicial confidences, playdevil's advocate with and be confidants to the judge,leave the decision making to the judge, save the judgefrom committing errors, and commit few of their own .A poor law clerk "dislikes library work, or . . . is unhap-py unless agitating for a cause, or . . . is addicted to thetelephone or cannot stand solitude ." s

34

BY GERALD LEBOVrrS

Law Clerk ConfidentialityA maxim for law clerks is that what happens in

chambers stays in chambers . Rarely while they work forjudges have law clerks been known to share secrets .History records only one notorious example .' In 1919,Justice Joseph McKenna's law clerk was accused of leak-ing word of the decision in United States v. SouthernPacific Co . 10 The clerk's alleged co-conspirators profitedfrom insider trading. When the plot was uncovered, theclerk resigned and was indicted for "conspiracy todefraud the Government of its right of secrecy concern-ing the opinions ." The clerk argued that no law forbadehis supposed conduct, but his motion to dismiss wasdenied, as was his appeal to the D .C. Circuit and hispetition for certiorari to the Court of his formeremploy." The prosecution, however, eventually movedto dismiss the charges . Everything else about this affairis shrouded in mystery, except this : When the clerk,later a successful Washington baker, died at 83, hewas cremated, and his ashes were "strewn on courtproperty . . . . under the cover of darkness ." 12

Current law clerks may not reveal current confi-dences, but may they discuss their duties after theyretire? The conventional wisdom is that law clerks musttake confidences to the grave. 13 But dozens of thenation's most eminent attorneys and judges have writ-ten in surprising detail about their judges and the rolethey and their judges played in cases of national conse-quence . 14 Law-clerk disclosure has turned into a "long-

GERALD LEBOVrrs was the court attor-ney to justice Edward J . McLaughlinin Supreme Court, Criminal Term,New York County, before becoming ajudge of the New York City CivilCourt, Housing Part, New YorkCounty. He is also an adjunct profes-sor and Moot Court faculty advisor atNew York Law School . He received a

bachelor's degree from Carleton University and lawdegrees from Ottawa, Tulane and New York Universitylaw schools .

Journal July/August 2004

standing historical tradition that has developed over thepast sixty years ." 15

A law clerk to justice Robert Jackson was onceaccused of betraying confidences about other lawclerks." In an article that created a firestorm of protestand support, then-Mr . William Rehnquist wrote that "amajority of the clerks I knew[showed] extreme solicitudefor the claims of communistsand other criminal defen-dants." 17 Apparently recov-ered from that controversy,then-Justice Rehnquist laterwrote a beautiful portrayal ofhis judge in an article thatdisclosed no confidences ."One can write about experiences as a law clerk anddivulge nothing secret . For a piece of this kind from atwo-year New York Court of Appeals clerk, see an arti-cle by Mario M . Cuomo . 19

Law-Clerk WritingAccording to a federal judge who knows, "most judi-

cial opinions are written by the judges' law clerks ratherthan by the judges themselves ." 20 Law clerks often writefirst drafts: "It is an ill-kept secret that law clerks oftendo early drafts of opinions for their judges ." Law-clerkopinion writing comes as no surprise to those who workin the courts : "It is widely recognized . . . that law clerksnow draft many of the decisions that emanate from . . .chambers." 21 By their writing, law clerks play a role indecision making: "[M]any judges, if not most, requiretheir law clerks to draft opinions for motions before thejudges even skim the briefs . . . . [M]any motions presenta close call. The person who gets to take the first crackat it (i .e., the law clerk) may influence the outcome . ,22

The outcome is influenced because "[h]e who wields thepen on the first draft . . . controls the last draft ." 23

Law clerks, especially at the appellate level, alsowrite bench memorandums .24 The bench memorandum,or report, may include the following : A concise state-ment of the facts, with a verification of the litigants'statements of fact by reference to the record ; a statementof the issues in contention ; the litigants' arguments onthe issues, verifying the authorities; an analysis of theissues and the law ; a list of questions that inquiry at oralargument might resolve; a recommendation on whetherthe court should decide the matter with a full, per curi-am, or memorandum opinion ; and a draft per curiam ormemorandum opinion if the law clerk recommendseither following a screening process .

The precise format of the bench memorandumdepends on the court's tradition, but the memorandumshould emphasize the relevant issues and be impartial,

Journal July/August 2004

"All judicial clerks do the samething, namely, whatevertheir judges tell them to do ."- Dan White

critical, and thorough - but not so thorough that thejudges might as well have read the briefs and the recordbefore oral argument . The law clerk's goal is to familiar-ize the court with the case before oral argument and tofocus a judge who wishes to do further research . It isappropriate for neutral, objective clerks to state their

views pre-argument . Thecourt may, and often does,disagree with the clerks'views after oral argument andadditional study. Moreover,"the only mission of a [memo-randum] opinion is to informthe parties why the court isdeciding as it is and to assurethem that the court consid-

ered and understood the case . . . . Staff in these cases canrelieve the judges of the initial drafting job, simplethough it may be, thereby freeing judge time for theother demands of the court's business ." 25

Is law-clerk writing good or bad for the administra-tion of justice? According to D .C. Circuit Judge PatriciaM. Wald, "judges who write every word of their ownopinions (except for a few certifiable geniuses) do notproduce works of markedly greater clarity, cogency, orsemantic skill . The opposite is more likely true . . . . I forone would not return to the days when law clerkssharpened pencils and checked citations; the presentsystem for deciding cases could not sustain that devel-opment.""

Some believe that a rule should be enacted to make itunethical for law clerks to write judicial opinions . 27Most believe, however, that law-clerk writing is goodfor the courts . 28

The Interplay Between Law ClerkAnd Judge in Opinion Writing

Much law clerk-judge writing is collaborative .29 Butwhether the law clerk prepares the initial drafts or thefinal edits, the entire adjudicative function and decision-making process must remain exclusively with the judge .The litigants' rights and public confidence in the judici-ary demand no less . Even if the law clerk writes everyword of a particular opinion, the judge must agree withand understand every one of those words as if the judgealone wrote each word . Every word and citation mustbe the authentic expression of the judge's thoughts,,views, and findings . This requirement forces judges toreview, with an eye toward editing, every opinion butthe most routine, mundane, and brief draft .

In the end, "no matter how capable the clerk, theopinion must always be the judge's work ."" That isbecause "[w]e lose the judge's processed involvementwhen technically proficient law clerks write the opin-

35

ions and the judge understands his role more as a deci-sion maker and editor, if that, than as a writer." 31Although judges delegate "the task of stating the rea-sons for the decision, not the authority to decide . . . . thejustice must make the final version his own opinion,because he is responsible for what it says ." 32 Thus, "thestrongest control over staff personnel in their dealingswith the judges is an ordinary sense of personal rela-tionships . The judge is the boss . What he says and does

36

The position of law clerk in New York has beenauthorized for some judges since 1909 .1 New Yorkclerks are appointed differently from federal lawclerks and play somewhat different, larger roles .

Like federal clerks, New York clerks should beselected with care. The judge-clerk relationship is"the most intense and mutually dependent one . . .outside marriage, parenthood, or a love affair ."' Butunlike federal judges, who typically appoint recentlaw-school graduates and mostly ask them to serveone- or two-year terms, New York judges tend toappoint experienced attorneys and retain them forlengthy duration as career court employees . NewYork practitioners and judges alike appreciate thematurity and wisdom that an experienced law clerkbrings to a busy state court .

A federal clerkship has more status than a NewYork clerkship, but New York clerks are paid farbetter and in the main enjoy decidedly greaterresponsibilities, especially in, the trial courts .Federal clerks can earn top salaries when they leavetheir judges, but New York clerks often secure jobopportunities for which their federal counterpartsmust wait years: The New York judiciary is filledwith law clerks who went directly from their clerk-ships to the bench, either by appointment or elec-tion .

In New York, court attorneys are called lawclerks when they work for a Court of Claims judgeor are the personal appointment of an elected

Law Clerks in New York

Supreme Court justice . Otherwise, they are courtattorneys - from the court attorneys in the NewYork City Civil Court's Housing Part, to the poolattorneys in Supreme Court, to the court attorneysto the Chief Judge of the State of New York . Lawclerks and court attorneys used to be called, respec-tively, law secretaries and law assistants .

Central staff court attorneys of the Court ofAppeals answer to the Chief Judge and the courtrather than to any particular Associate Judge . Courtattorneys' in the Appellate Division and theAppellate Term answer to the Presiding Justice ofthe Department or Term . Court attorneys assignedto a trial-term judge answer first to their judge, thento their supervising and administrative judges, andultimately to the person who appoints them : theDeputy Chief Administrative Judge for New YorkCity Courts or the Deputy Chief AdministrativeJudge for Courts Outside New York City. Lawclerks are hired and fired by their justices alone .3Trial Term court attorneys not assigned to a judgeanswer to their chief court attorney, then to theiradministrative judge, and ultimately to theirrespective Deputy Chief Administrative Judge .

The distinction between personally appointedlaw clerks and court-appointed court attorneysaffects law clerks' and court attorneys' ethical obli-gations in terms of political activity, a fact of life inNew York because many judges are elected fromlaw-clerk ranks .

1 . See N.Y. Judiciary Law §§ 166, 173 (Laws of 1909, Ch. 35), which gave Supreme Court justices the power toappoint confidential attendants and confidential law assistants .

2 . Patricia M . Wald, Selecting Law Clerks, 89 Mich. L . Rev. 152,153 (1990) .

3 . In re Blyn v. Bartlett, 39 N.Y.2d 349, 359-60, 348 N .E.2d 555, 560-61, 384 N.Y.S.2d 99, 104-105 (1976) (per curiam) . Apersonally appointed clerk to an elected Supreme Court justice need not even be a lawyer. In re Gilligan v.Procaccino, 27 N.Y.2d 162, 166-68, 263 N .E .2d 385, 385-87, 314 N .Y.S .2d 985, 987-88 (1970) .

See Gerald Lebovits, Judicial Ethics, Law Clerks and Politics, N.Y.L .J., Oct. 21, 1996, at 1, col. 1 (examining NewYork's Rules of the Chief Judge (governing nonjudicial-employee conduct) and the Rules of the ChiefAdministrator of the Courts (governing judicial conduct) as they apply to law clerks and court attorneys) .

are the final mandates on an issue . . . ." 33 Third CircuitSenior Judge Aldisert gives this advice to his clerks :"You were not selected by me to be a 'yes man[Yet] when the decision is in, that is it ." 34

Crediting Law Clerks and Law StudentsFederal case law, including Supreme Court case law,

is filled with textually relevant judicial acknowledg-ments that law clerks performed legal research . 35 But a

CONTINUED ON PAGE 38

Journal July/August 2004

CONTINUED FROM PAGE 36

judge should never acknowledge that a law clerk orjudicial intern (often called "extern") wrote the opinion .Doing so makes it appear that someone other than thejudge decided the case . Reversal and remand to a dif-ferent judge might be warranted if a judge credits a lawclerk's "preparation of this opinion ."36 If a federal judgethanks an intern for assisting in writing an opinion, theWest Group will print that appreciation .37 So will theNew York Law journal if a New York State judge does so .A Westlaw check disclosed a surprising 146 publishedopinions (82 in the First Department, 64 in the SecondDepartment) from 1990 to March 2004, in which the LawJournal printed acknowledgments to student internsfrom New York State judges .

Judicial interns, especially those who receive law-school academic credit for their work, are now acceptedfeatures in the courthouse? Judges who thank theirinterns do so out of kindness to students who, mostlywithout pay, make a significant contribution . What iskind to the interns, however, is unkind to the litigantsand the public . This is not to suggest that judges not useinterns to help with opinions . To the contrary, judgesand their law clerks improve legal education and some-times their opinions when they assign research, writing,and editing tasks to interns, so long as the judge and thelaw clerk monitor all student work closely. But creditingthe intern makes it appear that the court delegated itsdecision-making obligations to an unaccountable lawstudent .

A higher authority forbids what the New York LawJournal and the West Group permit . For the past decade,the New York State Law Reporting Bureau has put intoeffect a Court of Appeals policy in which the StateReporter will not print judicial acknowledgments to lawclerks or interns . This policy suggests that judges whowant to thank their clerks and interns reconsider theirimpulse, however well meaning . Before the Courtannounced that policy, the New York State OfficialReports occasionally printed irrelevant acknowledg-ments that law students provided "research assistance""in the preparation of this opinion ."39

Law-Clerk CheatingHeaven forbid, a law clerk must never slip language

or references past a judge . That happened in UnitedStates v. Abner,40 which contains multiple allusions to thesongs and albums of the Talking Heads rock band . Thelaw clerk included these references to get free TalkingHeads concert tickets . To no one's dismay, law clerkshave been fired for including non-judge-approved writ-ing in judicial opinions . Judge Jerry Buchmeyer41 tellsthe story of the soon-to-be-dismissed law clerk in Statev. Lewis .42 Without consulting a judge, the clerk added a

38

lawyer's lament, written as a fictional "reporter," to theKansas official reports :

Statement of Case, by ReporterThis defendant, while at large,Was arrested on a chargeOf burglarious intent,And direct to jail he went .But he somehow felt misused,And through prison walls he oozed,And in some unheard-of shapeHe effected his escape.

LEWIS, tried for this last act,makes a special plea of fact :"Wrongly did they me arrest,As my trial did attest,And while rightfully at large,Taken on a wrongful charge .I took back from them what theyFrom me wrongly took away."

Opinion of the Court. PER CURIAM :We - don't - make - law. We are boundTo interpret it as found .The defendant broke away;When arrested, he should stay.This appeal can't be maintained,For the record does not showError in the court below,And we nothing can infer .Let the judgment be sustained -All the justices concur .

Nor may a judge use an outside expert - as opposedto an intern, law clerk, special master, or referee - toassist in opinion writing . 3 As the New York Court ofAppeals wrote in In re Fuchsberg, "law clerks often con-tribute substantially to the preparation of opinions .[But] [w]e cannot accept respondent's explanation thathe looked upon the law professors he consulted as 'adhoc' law clerks ."'

First Amendment RightsMay a law clerk refuse to draft an opinion? In

Sheppard v. Beerman, a law clerk to a Supreme Court,Queens County, justice declined to draft an opinion that,the clerk claimed, would result in "railroading" a defen-dant. The justice fired the clerk in December 1990 afterthe clerk called him a "son of a bitch" and "corrupt ."The clerk sued the justice under 42 U .S .C . § 1983 .District Judge I . Leo Glasser of the Eastern District ofNew York twice granted the justice's motions to dismissthe complaint . Citing the law clerk's free-speech rights,however, the Court of Appeals for the Second Circuit

Journal July/August 2004

reversed - twice . 45 From a unanimous Sheppard II:"[T]he relationship between a judge and clerk is onebased upon trust and faith . . . . But the First Amendmentprotects the eloquent and insolent alike ."46

In early 2002, Judge Glasser granted the now-retiredjustice's summary-judgment motion, which the justicefiled after he and others, including his two children,were subjected to 31 depositions . 47 In early 2003, inSheppard III, the Second Circuit affirmed, "[gliven theexplosive exchange between Beerman and Sheppardand Sheppard's inability to produce any evidence sup-porting his claim of improper motive,"48 and theSupreme Court denied certiorari in late 2003 . 49 The 13-year saga thus ended on a First Amendment analysis,but not on whether a law clerk may refuse to write anopinion .

Advice to Law Clerks and PractitionersLaw clerks have neither the judge's commission nor

the judge's experience. Some clerks tend to overwrite ;they include the irrelevant because they are unsureabout what is important and because they might nothave been at oral argument .

Practitioners can overcome a possible obstacle bymaking it easy for clerks to read and understand theirpapers - thus making it easy for the court to rule forthem. Getting to the point quickly, applying law to factsuccinctly, attaching photocopies of key precedents andstatutes (for trial judges), making clear what relief isrequested, and countering the other side's points inwriting as opposed to leaving them for oral argumentare among the good habits practitioners should consid-er, not only for judges but especially for their clerks.

For judges and their clerks, communication is oneanswer to assuring quick and accurate decision makingand opinion writing. Here is another for clerks. Lawclerks, who come and go, must learn a valuable talent :how to emulate their judge's writing style . Writing isconnected to personality. Personality is reflected in thetone of the writing . Personality traits and writing stylesdo not change easily or overnight . Judges have prefer-ences. Law clerks should learn them. Learning themmaintains consistency, lets the judge adjudicate ratherthan edit for style, and, no small benefit, improves thelaw clerk's writing . The best ways to learn the judge'swriting style is to study the judge's opinions and toprofit in future cases from the judge's edits to currentdrafts .

Law clerks do not only write, whether opinions orjury charges . They also work with the public, whether itis scheduling cases or settling them . Law clerks are theirjudges' alter egos . Clerks are imbued with the sense thatthey are more than their judges' lawyers . As the FifthCircuit put it, "Clerks are privy to the judge's thoughts

Journal I July/August 2004

in a way that neither parties to the lawsuit nor his mostintimate family members may be ."" Clerks expect liti-gants and lawyers to deal with them as if they are deal-ing with the judge . Practitioners should realize thattreating a member of the court family disrespectfullywill not advance their cause . And clerks, who are sub-ject to many of the same ethical rules as judges, 51 musttreat litigants and lawyers with the respect, competence,and intelligence with which the judge with the mandatemust treat all .

1. Pronounced "puny."2. See 24 Stat . 254 (1886) .3 . To study the history and current role of law clerks in

America, see Paul R. Baier, The Law Clerks : Profile of anInstitution, 26 Vand. L . Rev. 1125 (1973) ; George D.Braden, The Value of Law Clerks, 24 Miss . L .J . 295 (1953) ;Heather Bupp-Habuda, Law Clerk's Ethical Boundaries, 38Fed. B . News & J. 213 (1991); Norman Dorsen, Law Clerksin Appellate Courts in the United States, 26 Modern L . Rev.265 (1963) ; John G . Kester, The Law Clerk Explosion, 9 Litig.20 (1983) ; Cornelius J . Moynihan, Jr., Ghostwriters in theCourts, 17 Litig. 37 (1991); John B . Oakley & Robert S .Thompson, Law Clerks and the judicial Process:Perceptions of the Qualities and Functions of Law Clerksin American Courts (1980); Richard A . Posner, TheFederal Courts: Crisis and Reform 102-119 (1985) ; NadineJ. Wichern, Comment, A Court of Clerks, Not of Men :Serving Justice in the Media Age, 49 DePaul L . Rev. 621(1999); Eugene A. Wright, Observations of an AppellateJudge: The Use of Law Clerks, 26 Vand. L. Rev. 1179 (1973) .A book-length volume about law clerks by 15 prominentjudges, academics, politicians, and journalists is found inLaw Clerks : The Transformation of the Judiciary, 3 Long TermView: A Journal of Informed Opinion (1995) .

4. J . Daniel Mahoney, Law Clerks : For Better or Worse, 54Brooklyn L . Rev. 321, 325-26 (1988) .

5. Hall v. Small Business Admin ., 695 F.2d 175,179 (5th Cir .1983) (Rubin, J .) .

6 . Jefferson Lankford, Judicial Law Clerks : The AppellateJudge's "Write" Hand, Arizona Att'y 19, 21 (July 1995) .

7 . D. Robert White, The Official Lawyer's Handbook 71(1983) .

8 . Robert Braucher, Choosing Law Clerks in Massachusetts, 26Vand. L . Rev. 1197,1199 (1973) .

9 . This story is told best in Chester A . Newland, PersonalAssistants to Supreme Court Justices: The Law Clerks, 40 Or.L. Rev. 299, 310 (1961), and John B . Owens, The Clerk, TheThief, His Life as a Baker: Ashton Embry and the SupremeCourt Leak Scandal of 1919, 95 Nw. U . L . Rev. 271 (2000) .

10. 251 U .S . 1 (1919) .11 . See Embry v. United States, 257 U .S. 655 (1921) .12. David J. Garrow, "The Lowest Form of Animal Life"?

Supreme Court Clerks and Supreme Court History, 84Comell L. Rev. 855,849 n.27 (1999) (book review) .

13 . See Comment, The Law Clerk's Ditty of Confidentiality, 129U. Pa . L . Rev. 1230 (1981) .

14 . For an illuminating look at the extent to which formerSupreme Court law clerks have disclosed confidences,see Garrow, supra note 12 (reviewing Edward Lazarus,Closed Chambers : The First Eyewitness Account of the

39

Epic Struggles Inside the Supreme Court (1998), and 34 . Ruggero J. Aldisert, Duties of Law Clerks, 26 Vand. L . Rev.Dennis J. Hutchinson, The Man Who Once Was Whizzer 1251,1256-57 (1973) .White: A Portrait of Justice Byron R . White (1998) (foot- 35 . See Conroy v . Aniskoff, 507 U .S. 511, 527-28 (1993) (Scalia,

15 .notes in title omitted)) .Garrow, supra note 12, at 893 .

J ., concurring) (noting that legislative history "examinedand quoted" was "unearthed by a hapless law clerk to

16 . See William H. Rehnquist, Who Writes Decisions of the whom I assigned the task") ; Hazelwood Sch . Dist . v. UnitedSupreme Court?, U .S . News & World Rep ., Dec . 13,1957,at 74 .

States, 433 U .S . 299, 318 n.5 (1977) (Steven, J ., dissenting)(noting his law clerk's statistical analysis) ; Noto v. United

17 . Id .States, 76 S . Ct . 255, 258 n .4 (1955) (Harlan, J .) (noting that

18 . See William H. Rehnquist, Robert H. Jackson : A Perspectivedata came from the record "or from the research of myLaw Clerk") .

Twenty-Five Years Later, 44 Albany L . Rev. 533 (1980) . 36. See, e .g., Parker v. Connors Steel Co., 855 F.2d 1510 (11th Cir .19 . The New York Court of Appeals : A Practical Perspective, 34 1988) (Gibson, J .) (mandating recusal of federal district

20 .St. John's L . Rev. 197 (1980) .Richard A. Posner, Cardozo : A Study in Reputation 148

judge who credited his law clerk in a footnote), cert .denied, 490 U .S . 1066 (1989) .

(1990) . 37 . See, e.g ., Veras v. Strack, 58 F. Supp. 2d 201, 201 n .1 (1999)21 . Jeffrey O . Cooper & Douglas A . Berman, Passive Virtues (Baer, J .) (acknowledging student intern) ; Masayesva for &

22 .

and Casual Vices in the Federal Courts of Appeals, 66Brooklyn L . Rev. 685, 697 (2001) .Abby F. Rudzin & Lisa Greenfield, Ten Brief-Writing 38 .

o/b/o Hopi Indian Tribe v. Zah, 816 F. Supp .1387,1393 n .*(D. Ariz . 1992) (Carroll, J .) (acknowledging law clerk) .See generally Gerald J . Clark, Supervising Judicial Interns : A

Don'ts - The Judicial Clerk's Perspective, 85 Ill . B .J. 285, 285(1997) .

Primer, 36 Suffolk U . L. Rev. 681 (2003) ; Rebecca A .Cochran, Judicial Externships : The Clinic Inside the

23 . Patricia M. Wald, The Rhetoric of Results and the Results of Courthouse (2d ed . 1999) .Rhetoric: Judicial Writings, 62 U . Chi . L . Rev. 1371, 1384 39 . See In re Application of the Dist . Att'y of Queens County, 132(1995) . Misc. 2d 506, 512 n .5, 505 N .Y.S.2d 293, 297 n.5 (Sup . Ct.

24 . For advice on writing a bench memorandum, see Alvin B . Queens County 1986) (Rotker, J .) ; People v. Sadacca, 128Rubin & Laura B. Bartell, Law Clerk Handbook : A Misc. 2d 494, 501 n .3, 489 N .Y.S .2d 824, 830 n.3 (Sup . Ct.Handbook for Law Clerks to Federal Judges 143-44 (Fed . N.Y. County 1985) (Rothwax, J .) . One reported opinion

25 .

Jud. Ctr. rev. ed . 1989); Richard B . Klein, Opinion WritingAssistance Involving Law Clerks : What I Tell Them, 34Judges' J. 33 (1995) .Daniel J . Meador, Appellate Courts: Staff and Process in

went even further: "The hard work, thorough researchand scholarship of Edward Larsen, New York Law SchoolIntern participating in the Richmond County BarAssociation Summer Intern Program, is gratefully

26.the Crisis of Volume 49 (1974) .Wald, supra note 23, at 1384 .

acknowledged and in large measure credited in the for-mation of this opinion. Mr. Larsen has the sincere thanksof this Court ." Wolkoff v. Church of St . Rita, 132 Misc. 2d

27 . See David McGowan, Judicial Writing and the Ethics of the 464, 473, 505 N .Y.S .2d 327, 334 (Sup . Ct. RichmondJudicial Office, 14 Geo J. Legal Eth. 509, 555 (2001)("Judges should write their own published opinions .

County 1986) (Kuffner J .) .40. 825 F.2d 835 (5th Cir. 1987) (Garza, J.) .

28 .

They should not have law clerks or anyone else do thewriting for them .") .See, e .g., Alex Kozinski, Making the Case for Law Clerks, 3

41 . Criminal Law : The Escape, 45 Tex. B .J . 541, 542 (Apr. 1982) .42 . 19 Kan. 260 (1878) .

The Long Term View: A Journal of Informed Opinion 55 43 . See, e .g ., In re Judicial Disciplinary Proceedings Against(1995) . Tesmer, 219 Wis . 2d 708, 580 N.W.2d 307 (1998) (per curi-

29 . Douglas K. Norman, Legal Staff and the Dynamics of am) (reprimanding judge for having law professor writeAppellate Decision Making, 84 Judicature 175, 175 (2001) .To avoid the dangers of allowing pool, or central staff,attorneys to produce "no judge" opinions, see an articleby (later recalled) California Chief Justice Rose E . Bird,The Hidden Judiciary, 17 Judges' J . 4 (1978) . To make effec-

32 opinions) .44. 43 N.Y.2d (J), (Y), 426 N.Y.S .2d 639, 648-49 (per curiam)

45 .(Opn. of Censure - Ct. on Jud . 1978) .See Sheppard v. Beerman, 822 F. Supp . 931 (E.D.N.Y. 1993),

tive use of law clerks in opinion writing while preventingbureaucratic, or committee, writing, see a piece bySecond Circuit Judge J. Daniel Mahoney, supra note 4,and another by an Arkansas Supreme Court justice,George Rose Smith, A Primer of Opinion Writing for LawClerks, 26 Vand. L . Rev. 1203 (1973) . 46 .

aff'd in part & vacated in part by 18 F.3d 147 (2d Cir.)(Altimari, J .) (Sheppard I), cert . denied, 513 U .S . 816 (1994),on remand to & dismissed by 911 F. Supp. 606 (E.D.N.Y.1995), vacated & remanded, 94 F.3d 823 (2d Cir. 1996)(McLaughlin, J .) (Sheppard II) .

94 F.3d at 829 .30 . Federal Judicial Center, Judicial Writing Manual 11 47 . See Sheppard v. Beerman, 190 F. Supp. 2d 361, 362 (E.D.N.Y.

(1991) . 2002), aff d, 317 F.3d 351 (2d Cir. 2003) .31 . William Domnarski, In the Opinion of the Court x (1996) . 48 . Sheppard v. Beerman, 317 F.3d 351, 357 (2d Cir. 2003) .32 . Bernard E. Witkin, Manual on Appellate Court Opinions 49 . Sheppard v. Beerman, 124 S. Ct . 135 (2003) .§ 10, at 16 (1977) .33 . Jack Leavitt, The Yearly Two Foot Shelf .. Suggestions for 50 . Hall, 695 F.2d at 179 .

Changing Our Reviewing Court Procedures, 4 Pacific L .J . 1, 51 . See generally John Paul Jones, Some Ethical Considerations17 (1973) . for Judicial Clerks, 4 Geo . J . Legal Ethics 771 (1991) .

40 Journal I July/August 2004