Judicial Clerkship Application Process

We strongly encourage you to begin preparing your judicial clerkship applications during the summer months before you begin your third year. Things you can do: develop a contact list - update your resume - compose your cover letters - choose a writing sample - obtain a copy of your transcript as soon as spring semester grades are added - photocopy your transcript - and think about who you will ask to write letters of recommendation.

For more information on application packets (and LOTS of other good advice!), check the UT College of Law handbook, the University of Michigan Law School handbook, or the Vermont Law School handbook.

Applying for Federal Clerkships

The application process for federal clerkships has undergone significant changes since 2002. Under the Federal Judges Law Clerk Hiring Plan (www.cadc.uscourts.gov/lawclerk/), federal judges have been encouraged not to accept applications, review references, conduct interviews, or extend offers until the first Tuesday after Labor Day. (People who have already graduated from law school are exempt from this timing guideline.) While most federal judges are following the Plan, compliance is voluntary.

Beginning with the 2005 hiring season, law students will be able to apply on-line with participating federal judges. The Online System for Clerkship Application and Review (OSCAR) is scheduled to debut on April 15, 2005, and will allow applicants to file their materials online and designate the judges to whom they wish to apply. This system will also allow letters of recommendation to be placed confidentially in applicants’ online files by the recommender. For more information on OSCAR, click here.

There are several ways to search for federal judges. The best place to look for judges who are hiring is the Federal Law Clerk Information System (FLCIS). Participation in the FLCIS is voluntary, however, and there are many federal judges who do not list their openings here.

Some students simply contact the judges' chambers that are located in the geographic areas where they wish to live to ascertain whether or not the judges are hiring. An excellect on-line source of contact information is the Administrative Office of the U.S. Courts. Two print resources that list federal judges are the Judicial Yellow Book and the front of the most recent volume of the F.3d reporters.

Federal clerkships, especially at the appellate level, are very competitive. There are two "tricks" to increase the odds in your favor. The first trick is to apply to federal judges in less popular (and populated) areas. Look for judges in small towns, particularly in the Third, Fourth, Fifth, Eighth, Ninth, Tenth, and Eleventh Circuits. The second trick is to apply to judges once they have been nominated but not yet confirmed. The University of Michigan tracks judicial nominations and confirmations; a list of "official future vacancies" for the federal judiciary may be found here. For the University of Michigan tracking system, click here, click on the Judicial Clerkships tab, and click on the Judicial Nominations database.

Applying for State Court Clerkships

Judges in the Tennessee state courts recruit heavily from the UT College of Law. The application packet for these clerkships is identical to that for federal clerkships (cover letter, resume, writing sample, transcript copy, and 2-3 letters of recommendationsee). Generally, judges on the Supreme Court, Court of Appeals, Court of Criminal Appeals, and a few trial courts hire third-year students in the early fall and begin making offers shortly thereafter.

Due to uncertainties surrounding the Tennessee budget each year, state judges may interview and make offers later than that; in fact, some third-years have even received offers in mid-April! Also, state judges often allow their current clerks to retain their positions for one or two years after being hired, which means that even if a judge believes that he or she will have an opening for the following year, that might not be the case if the current clerk decides to stay. The conventional wisdom is to go ahead and continue to apply according to the deadlines listed with Career Services, but don't panic if you do not hear from the judge for several weeks after your interview.

For clerkships outside of Tennessee, you should begin your research at the beginning of your fourth semester of law school. Some state courts, such as the Virginia Supreme Court, hire second-year students in the spring. Other state courts hire third-year students in the fall. You must ascertain the judges you are interested in applying to and each judge's individual deadlines. The place to start your research is at www.courts.net, which will link you to the state in which you are interested; look for a listing for an Administrative Office of the Courts and contact them to see if they can provide you with a list of the state judiciary with addresses and telephone numbers. (Other sources to check are state and local bar associations.) You should call the judge's chambers directly (you may use the telephones in Career Services to do this) and ask the judge's secretary (NOT the judge) whether the judge will be hiring for the upcoming term, and if so, what is the earliest date the judge will accept applications.

Letters of Recommendation

You will need to ask 2 or 3 people to write letters of recommendation that will be put in sealed envelopes and submitted with your packets. You should get a letter from at least 1 College of Law professor; the others may be written by undergraduate professors and legal/non-legal employers. Remember to provide your recommenders with a copy of your contact list.

Letters of recommendation are a critical part of your application! It is extremely important that the people who recommend you speak highly of your research and writing skills, as well as your work ethic and personality. Good letters can help you get an interview; form letters can get you nowhere!

Making A Decision

With the shift to hiring in fall of third year, the application process for federal and state clerkships now takes place concurrently, and it has had an effect on the hiring practices of both courts. In the past, students who received an offer from federal a judge accepted it immediately. Now, however, you may find yourself interviewing with both courts AND receiving an offer from your summer employer simultaneously. Add to that the new guidelines issued by the National Association for Law Placement (NALP) regarding the number of offers that can be held open and the dates they must be released, and you may need some help in making a decision or negotiating for more time. (Click here for a chart outlining the new NALP guidelines.) If you find yourself in this situation, please don’t hesitate to contact Career Services or Prof. White for advice!