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1 Judicial Clerkship Handbook 2007-2008 Career Services
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Page 1: 2007-08 Judicial Clerkship Handbookapps.law.asu.edu/files/Career_Services/For_Current...Consider strengthening your resume and increasing your chances for a clerkship by applying for

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Judicial Clerkship Handbook

2007-2008

Career Services

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CAREER SERVICES OFFICE STAFF

Ilona DeRemer Lydia Montelongo Assistant Dean Associate Director [email protected] [email protected]

Jacqueline Mendez Soto Assistant Director Judicial Clerkship Advisor [email protected]

FACULTY JUDICIAL CLERKSHIP COMMITTEE 2007-2008

Professor Adam Chodorow, Chair Noel Fidel, Associate Dean

Ilona DeRemer, Assistant Dean for Career Services Jacqueline Mendez Soto, Assistant Director of Career Services

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TABLE OF CONTENTS 1. IMPORTANT DATES AT A GLANCE ................................................................................ 4 2. WHY CLERK? ............................................................................................................... 5 BENEFITS OF A JUDICIAL CLERKHSIP ......................................................................... 5 3. TARGETING PROMISING CLERKSHIP OPPORTUNITIES ............................................... 5

TARGETING A SPECIFIC TYPE OF COURT ......................................................................... 6 SELECTING A GEOGRAPHIC AREA ................................................................................... 6 ASSESSING YOUR STRENGTHS/QUALIFICATIONS ............................................................ 7

4. RESEARCHING CLERKSHIP OPPORTUNITIES AND JUDGES ......................................... 7 JUDICIAL CLERKSHIP RESEARCH RESOURCES ................................................................. 7

5. THE MECHANICS OF A JUDICIAL CLERKSHIP APPLICATION...................................... 9 PREPARING YOUR APPLICATION ...................................................................................... 9

6. TIMING IS ESSENTIAL................................................................................................. 10 THE FEDERAL JUDGES LAW CLERK HIRING PLAN ........................................................ 10 SUBMITTING YOUR APPLICATIONS ............................................................................... 11 OPPORTUNITIES LATER IN YOUR THIRD YEAR .............................................................. 13

7. PREPARING FOR THE INITIAL INTERVIEW................................................................. 13 8. ACCEPTING THE OFFER ............................................................................................. 14 9. APPENDIX.................................................................................................................... 15

UNITED STATES COURTS............................................................................................... 16 OVERVIEW OF COURTS.................................................................................................. 17 LAW CLERK HANDBOOK .............................................................................................. 20 SELF-ASSESSMENT FOR JUDICIAL CLERKSHIPS............................................................. 21 ADDITIONAL WEBSITES FOR JUDICIAL CLERKSHIPS RESEARCH.................................... 23 BIOGRAPHICAL RESOURCES .......................................................................................... 24 JUDICIAL CLERKSHIP CORRESPONDENCE ...................................................................... 26 SAMPLE COVER LETTER FOR JUDICIAL CLERKSHIPS ..................................................... 27 REQUESTING A LETTER OF RECOMMENDATION FROM A PROFESSOR............................ 29 JUDICIAL CLERKSHIPS: POSSIBLE INTERVIEW QUESTIONS ........................................... 31 PREPARING FOR JUDICIAL CLERKSHIPS: TIPS FOR STUDENTS SPENDING THEIR SUMMERS IN THE PRIVATE SECTOR ................................................................................. 33 ASU ALUMNI JUDICIAL CLERKSHIPS ............................................................................ 34 ASU LAW FACULTY JUDICIAL CLERKS ........................................................................ 43

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1. IMPORTANT DATES AT A GLANCE March Research application deadlines for out-of-state clerkships with state court judges

and for federal judges who are not following the Federal Judges Law Clerk Hiring Plan. Apply accordingly. Use the Vermont Law School Guide to State Judicial Clerkship Procedures.

March – May Begin to prepare your application material based on the earliest application deadline you may have. Ask for letters of recommendation.

June 11 OSCAR becomes available to students. If you are applying to federal judges, register with OSCAR and begin to upload your application materials and request letters of recommendation through OSCAR.

July 15 The ASU Judicial Clerkship Table will be available at the Career Services website with the most up-to-date information on clerkship opportunities with Arizona federal and state judges.

July – August Finalize your applications for all judges who are following the Federal Judges Law Clerk Hiring Plan or who take applications in the summer.

August 22 Deadline to submit your applications to the Career Services Office for Arizona federal and state judges. These applications will be bundled and sent to the judges to be received by them on September 4, 2007.

August 31 Express mail your applications to all federal and state judges who follow the Federal Judges Law Clerk Hiring Plan so that they are received by the judges no earlier than September 4, 2007. These include federal judges who are not taking applications through OSCAR and judges for whom Career Services is not bundling applications.

September 4 First day when applications to federal judges who are following the Federal Law Clerk Hiring Plan may begin to accept applications. Career Services will have the bundled applications delivered to Arizona judges.

September 11, noon First date and time when judges following the Federal Law Clerk Hiring Plan may contact applicants to schedule interviews.

September 19, 1:00 p.m.

First date and time when judges who are following the Federal Law Clerk Hiring Plan may hold interviews and make offers.

October Not all judges extend offers in September. Offers may still be made in October or later.

Remaining 3L year Not all judges hire before or during the regular judicial clerkship cycle. Some judges do not interview until late in the fall semester and some even interview during the spring semester. Career Services will inform you of these opportunities as they come up, and also continue to do your own research of clerkship opportunities with the resources mentioned throughout this handbook.

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2. WHY CLERK? Most likely, if you were to ask a law professor his or her opinion on judicial clerkships, the response would be an enthusiastic: “Don't hesitate, a clerkship will be one of the most valuable experiences of your legal career.” Judicial clerkships are among the most prestigious and competitive employment opportunities available to recent graduates. Typically, judicial clerkships last one or two years. Some judges, however, employ “career clerks,” who work for the judge on a permanent basis. Most clerks are hired to assist a specific judge although some courts employ “floating clerks” to assist the judges. Judicial clerks play a significant role in the judicial process. Depending on the court, judicial clerks perform a variety of duties including advising the judge on the law, conducting legal research, drafting memoranda and opinions, and attending hearings and trials (trial-level clerkship) or oral arguments (appellate clerkship). Each year approximately ten to fifteen percent of the Sandra Day O’Connor College of Law graduates accept positions with local, state, and federal judges. Although the application process is not complicated, it takes thought and thorough planning. The Career Services Office can advise you on the application process and direct you to several useful resources.

BENEFITS OF A JUDICIAL CLERKSHIP There are many rewards to a judicial clerkship. Advantages of a clerkship may vary depending on duties, which in turn depend on the type of court and the particular judge. Advantages may include: 1. Diversity of the position. A clerk may experience a wide variety of cases and areas of law, which is a very marketable experience on a resume when it is time to pursue a legal post-clerkship position and throughout a legal career. Clerks are able to view the court from the vantage point of the decision maker. 2. Experience of working in close relationship to a lawyer/judge who may serve as a great, life-long mentor. 3. Exposure to the other side of the bench before pursuing a career as a litigator.

4. Improvement of writing skills, while gaining insight into what makes a good brief, a persuasive argument, and a good lawyer. Particularly important is learning what a judge wants and does not want to hear.

5. Gaining familiarity with both the basics of law and a large number of specialty areas.

6. Development of confidence in your own decision-making ability and legal knowledge.

7. Gaining exposure to many attorneys who practice in a geographic location of interest to the clerk. The

exposure translates into contacts for future employment.

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3. TARGETING PROMISING CLERKSHIP OPPORTUNITIES As a law student interested in a clerkship, one of your first tasks is to identify those clerkships that you think would best fit your needs and interests. There are hundreds of judicial clerkship opportunities varying by geographical location and type of court. It is up to you to narrow down the field to the ones that would work for you. The Career Services Office can assist you with the process. In order to target the clerkship best for you, you may want to consider the following three questions: UWhat kind of court would most interest me? State or federal? Trial or appellate? Specialty court (e.g. tax, bankruptcy)? UWhat geographical area should I target? UWhat are my qualifications/strengths? The goal of the application process is to find a clerkship, not to flood every court in the nation with an application. Your odds are increased when you target your applications to courts that may hire you. For example, you may have a better chance of getting a clerkship with a United States magistrate judge, as opposed to a United States district court judge. Similarly, if you want to do an appellate clerkship, consider the Arizona courts or other state courts instead of, or in addition to, the United States Courts of Appeal.

TARGETING A SPECIFIC TYPE OF COURT

There are two basic types of courts that hire clerks: trial and appellate. Generally, trial courts tend to involve more intimate contact with the practice of law, such as exposure to litigation, and a wider variety of duties. Appellate courts, on the other hand, tend to involve more legal research and writing, especially drafting of memoranda and opinions. While there are differing levels of competitiveness, many federal clerkships are incredibly competitive. Within the federal framework, there is the U.S. Supreme Court, Court of Appeals, District Court, and specialty courts such as the Bankruptcy Court, Tax Court, Court of Federal Claims, and Court of International Trade. Arizona and other state courts offer clerkships with their supreme courts and appellate courts. Students are encouraged to consider clerkships outside of Arizona with the federal and/or state courts.

SELECTING A GEOGRAPHIC AREA Perhaps the most immediate way of focusing your search is to identify geographic locations where you would prefer to clerk. It may make a difference to the judge that you are either from a particular area or plan to practice in a particular area when you finish your clerkship. Although federal judges are less inclined to favor clerks from a particular area, state court judges may be favorably influenced by a hometown connection. Clerkship opportunities exist all over the country at all levels of the state and federal systems so be sure to consider clerkships outside of metropolitan areas where the competition is less keen.

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ASSESSING YOUR STRENGTHS/QUALIFICATIONS One factor to consider is your likelihood of being selected for a particular clerkship. The stronger your academic record, the more promising your chances of being selected by a higher court. By talking with a member of the faculty or a member of the Faculty Judicial Clerkship Committee, you should get a fairly good idea of what your prospects are. While it is true that there is no penalty for applying to courts that look for higher qualifications than you possess, by carefully targeting your efforts, you may increase your chances of being selected by a court that will be right for you. Do not eliminate yourself from applying for a clerkship if you are not at the top of the class. Many judges consider other qualifications when selecting candidates for interviews. Consider strengthening your resume and increasing your chances for a clerkship by applying for a judicial externship while in law school. A judicial externship gives you a wonderful opportunity to show your abilities to a judge who will be hiring judicial clerks. Externs often perform many of the same duties performed by judicial clerks including legal research, preparing memos and drafting orders, writing draft opinions and stipulations, assembling documents, and reviewing motions, memoranda, briefs, and other documents submitted to the court. Externships are usually done during the summer following the first year of law school or during the school year of your second year. To identify available judicial externships, consult the externship booklet, which is made available in the Student Services Office each semester. 4. RESEARCHING CLERKSHIP OPPORTUNITIES AND JUDGES Successful clerkship applications require research. Since many judges accept applications during your second year, begin your research in your second year. The following electronic databases are particularly helpful: Federal Law Clerk Information System; ASU Judicial Clerkship Table; Northwest Rocky Mountain Consortium Judicial Clerkship Database; and the Vermont Law School’s Guide to State Judicial Clerkship Procedures. These databases can be accessed through the Career Services website at www.law.asu.edu/CareerServices, by clicking on “Judicial Clerkships” under the “Current Students” menu, or through the websites indicated below. All databases are updated by August 1.

JUDICIAL CLERKSHIP RESEARCH RESOURCES ASU JUDICIAL CLERKSHIP TABLE www.law.asu.edu/CareerServices

The ASU Judicial Clerkship Table provides information on clerkships with the Ninth Circuit Court of Appeals, the U.S. District Court for the District of Arizona, the U.S. Bankruptcy Court in Arizona, the Arizona courts (supreme court, court of appeals and superior courts), and some specialty federal courts. The database provides the judges’ addresses and the application materials requested and qualifications sought by the judges. Access this database at the Career Services website at the above address under “Judicial Clerkships.” The ASU Judicial Clerkship Table provides the most up-to-date and accurate information on Arizona judges. We do our best to maintain an error-free and updated list of judges. Please note, however, that some errors are inevitable. For example, judges do not always notify us of any changes they make to the

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status of their clerkship opportunities and/or application requirements. Please bring any errors or changes to the attention of the Career Services Office.

FEDERAL LAW CLERK INFORMATION SYSTEM https://lawclerks.ao.uscourts.gov

The FLCIS is maintained by the Administrative Office of the U.S. Courts. It provides information regarding the availability of federal clerkships, and the application materials and qualifications sought by federal judges. It also indicates what clerkships have been filled. Approximately 60% of federal judges use the FLCIS. Judges independently input and update their information. Although the FLCIS is usually accurate, it is only as accurate as the judges make it. Therefore, it is important to check the FLCIS listing date to gauge the timeliness of the information. ONLINE SYSTEM FOR CLERKSHIP APPLICATION AND REVIEW (OSCAR) http://oscar.dcd.uscourts.gov OSCAR is an online application system founded by a committee of judges and law schools, under the U.S. Administrative Office of the Courts. It was developed and is managed by a commercial entity, the Symplicity Corporation. The latest version of OSCAR will not be available to applicants until June 11, 2007. Not all federal judges accept applications through OSCAR. You can determine whether a federal judge will be taking applications through OSCAR at http://oscar.dcd.uscourts.gov/participating_judges.pdf. The ASU Judicial Clerkship Table and the FLCIS also indicate that information. Through OSCAR, the applicants can choose the judges to whom they will apply, upload their application material, and submit the completed applications to the judges. The applicant’s recommenders can also upload their letters of recommendation into OSCAR where they remain confidential. Federal judges can read, sort, and manage the applications online, and they can also download and print the applications. Applicants should check both OSCAR and FLCIS when researching clerkship opportunities. If judges are accepting applications via OSCAR, they will not want to receive duplicate applications by mail. Therefore, avoid mailing applications to OSCAR judges by double checking your list of judges who will be receiving hard copy applications by mail.

NORTHWEST/ROCKY MOUNTAIN CONSORTIUM’S JUDICIAL CLERKSHIP DATABASE http://www.law2.byu.edu/Career_Services/rocky.html

This database is updated and maintained by the Northwest/Rocky Mountain Consortium of law schools. It contains contact information, hiring criteria, vacancy dates and necessary application materials for numerous western state and federal court judges, including some specialty courts.

Access the database through the above web address. Click on the ASU College of Law logo. Enter the database with the username “consortium” and the password “northwest.” You can search by judge, court, vacancy date and the state.

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VERMONT LAW SCHOOL 2008 GUIDE TO STATE JUDICIAL CLERKSHIP PROCEDURES www.vermontlaw.edu/

This resource contains information on the procedures for applying to judicial clerkships with any of the state courts. The guide is one of the best resources to use to begin your search for an out-of-state clerkship. Access the guide at the Vermont Law School’s webpage listed above. Click on “Career Services,” then on “Alumni,” and finally on “Judicial Clerkship Guide.” Select the “Access the Guide” option. Sign in when prompted with the username “guide2008” and the password “fightingswans”.

For additional research resources, see pages 23-25 of the appendix.

5. THE MECHANICS OF A JUDICIAL CLERKSHIP APPLICATION Your application for all clerkships should generally include a cover letter, resume, transcript, writing sample, and at least two letters of recommendations. Judges are seeking law clerks with strong research and writing skills so everything you produce must be of professional quality and impeccably proofread. All of your application materials will be considered to be your writing samples. Judges receive many applications from highly qualified students, so it is essential that you prepare an application packet that makes you stand out.

PREPARING YOUR APPLICATION Typically, a judicial clerkship application includes a resume, cover letter, recent transcript, writing sample, and letters of recommendation. Some judges may ask for additional or less material. You should have copies of each item ready to go so that you can assemble your packets dependent on what is required. Cover Letter: Prepare a cover letter to accompany your resume. This letter should be no longer than one page and should include a brief (but customized to an individual judge) synopsis of your legal background with emphasis on any unusual qualifications. You may want to include why you want to clerk or why you are applying to a particular judge. The cover letter must be printed on the same high quality bond paper as the resume. Resume: In any job search, a high quality resume is a must. If you have not already done so, make sure that your resume is up-to-date and professional in appearance. Be sure to have research/writing experience emphasized in the school activities section (such as journal membership or research assistant) and in the text describing past legal positions. Letters of Recommendation: Ask for at least three letters of recommendation. Some judges prefer to receive letters from faculty or a supervising attorney. You should approach faculty members who know you well (or other individuals if that is appropriate) and ask them for a recommendation letter prior to the end of the spring semester of your second year. Be prepared to discuss which courts/judges you are considering. Ask the professor for any ideas about appropriate courts, as he or she may be able to assist you in targeting promising clerkship opportunities. Be prepared to discuss your law school performance with each professor. If your grades in certain areas are not stellar, be prepared to highlight other experience—such as moot court or a clinic—which would help the professor to write a supportive letter. On the other hand, simply because a certain professor gave you a good

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grade does not mean that you automatically should request a letter from him or her. A professor cannot be expected to write a good letter if you received an “A” but never came to class or interacted with the professor outside of office hours. Be sure to give your recommenders a copy of your resume and federal hiring guidelines for receipt of letters of recommendation. Recommendation letters may be sent separately from your application packet or sealed in envelopes and included with your application materials. However, for judges in Arizona, follow the Career Services Office procedures that are outlined below. Writing Sample: Most courts will eventually require a writing sample before hiring a clerk, and some request a sample in the initial application. Make sure you have a well-written sample of your own work and be ready to reproduce a number of copies. The best sample is one that demonstrates your ability to view a case from all perspectives. Average sample length is 5–10 pages. The writing sample should have a cover page identifying you and the work you are submitting. The writing sample must be error free. Transcript: Some courts require an undergraduate transcript in addition to the law school transcript. An unofficial law school and undergrad transcript is adequate unless an official copy is requested. A College of Law unofficial transcript should be secured from the Registrar’s Office, not printed off the web. When submitting applications via OSCAR, you must produce a transcript in grade sheet form. See page 12 for information on producing and submitting grade sheets through OSCAR. 6. TIMING IS ESSENTIAL The timing of applications is critical. After you have successfully targeted an opportunity, be sure to keep in mind that you must apply in time to be considered and that faculty members must have sufficient time to complete their recommendations.

THE FEDERAL JUDGES LAW CLERK HIRING PLAN The Federal Judges Law Clerk Hiring Plain (“Hiring Plan”) was developed in an attempt to bring some consistency to the timing of clerkship applications. The Hiring Plan provides that the hiring of law clerks for federal judicial clerkships will not be done earlier than the Fall of the third year of law school and that the focus of law clerk hiring will be on third-year law students and law graduates. Most federal Appellate Courts, District Courts (including Magistrate, Bankruptcy and Specialty Courts) and some State Supreme Courts have agreed to follow the Hiring Plan. Most federal judges sitting in Arizona and the Arizona Supreme Court and Arizona Court of Appeals judges have also agreed to follow the Hiring Plan. The Hiring Plan provides that applications from third-year students to federal judges may not be received before the day after Labor Day, Tuesday, September 4, 2007. The Hiring Plan does not apply to applicants who have graduated from law school. Therefore, judges may interview and hire law school graduates at any time.

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The critical dates under the Hiring Plan are as follows:

Event Fall 2007

First date when applications may be received:

Tuesday, September 4, 2007

First date and time when judges

may contact applicants to schedule interviews:

Noon (EDT), Tuesday,

September 11, 2007

First date and time when interviews

may be held and offers made:

1:00 pm (EDT), Wednesday,

September 19, 2007

A full description of the Hiring Plan can be found at http://www.cadc.uscourts.gov/lawclerk/.

SUBMITTING YOUR APPLICATIONS The manner in which you submit your applications to judges may vary. You may have to submit your application (1) through the Career Services Office, (2) the Online System for Clerkship Application and Review (OSCAR) or (3) by mail. Career Services submission: For all Arizona judges (federal and state) following the Federal Judges Law Clerk Hiring Plan, Career Services will collect your clerkship applications, including your letters of recommendation. These applications will be bundled and delivered to the judges on September 4, as part of a Sandra Day O’Connor College of Law package. To ensure that your application is submitted as part of the College of Law package, you must adhere to the timeline outlined below. Note, however, that you do not have to submit a hard copy application to Career Services for federal judges in Arizona accepting applications though OSCAR. OSCAR submissiona: Many federal judges will accept clerkship applications only through the Online System for Clerkship Application and Review (OSCAR). Students will have access to the latest version of OSCAR by June 11, 2007, at which point you will be able to register with OSCAR and begin the preparation of your online clerkship applications. All judges accepting applications via OSCAR are also following the Hiring Plan, which means that they will not have access to the online applications until September 4. Judges accepting applications via OSCAR will not also accept applications by mail. To submit your applications via OSCAR, you will have to (1) register with OSCAR, (2) create your profile, (3) upload your application material and (4) designate your recommenders. OSCAR provides an online Applicant User Guide for assistance with the process, and Career Services can answer additional questions you may have. All of your application material (cover letter, resume, writing sample and transcripts) must be in Adobe

a Please note that this Handbook was produced prior to the release of the latest OSCAR version. The process for submitting applications may vary slightly in the upcoming OSCAR version. Career Services will update the Handbook and inform you if and when there are any changes to the OSCAR application process.

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Acrobat .pdf format in order to upload. The applicants will also have to identify their recommenders, and OSCAR will provide the recommenders with login information for them to upload the letters of recommendation on behalf of the applicant.

Note on transcripts submitted via OSCAR: The transcript must be in the form of a grade sheet, which is a typed reproduction of your transcript. You will have to type the grade sheet yourself to upload it as part of the application material in lieu of an original copy of your transcript. The judges may request the applicant to forward his/her original transcript via mail/e-mail as well. A sample of and a template for a grade sheet are available at the Career Services website under the OSCAR section of the Judicial Clerkships menu: https://www.law.asu.edu/CareerServices.

Mail submission: For federal judges who do not accept applications via OSCAR and for judges from other state courts, the applicants have to individually submit their applications by mail following the particular judge’s or court’s application instructions. Since not all federal judges follow the Hiring Plan, you should confirm the date by which the judge will accept applications. Also, many state courts hire during the applicant’s second year. As with the federal judges, confirm the state judges’ application acceptance date. It is recommended that you express mail your application packets to ensure quick and timely delivery.

TIMELINE

August 22, 2007 - Career Services Drop Day: Deadline to submit all Arizona (federal and state) clerkship applications and letters of recommendation to the Career Services Office to be bundled and sent to Arizona judges. This includes applications to Ninth Circuit Court of Appeals, District, Magistrate, Bankruptcy, Arizona Supreme Court and Arizona Court of Appeals judges. The recommenders can submit letters of recommendation directly to the Career Services Office. These applications will be bundled and delivered to the judges on Tuesday, September 4, 2007. Double check your list of judges for Arizona federal judges who are accepting applications through OSCAR. Do not submit hardcopy applications to Career Services for judges who are accepting applications through OSCAR.

August 31, 2007: Third-year law students may express mail their law clerk applications to judges who are adhering to the Hiring Plan so that the applications are received no earlier than Tuesday, September 4. (There is a weekend and holiday between August 31 and September 4.) These include federal and state judges who are taking applications by mail and for whom Career Services is not bundling applications. For applications to federal judges taking applications through OSCAR, make sure you have uploaded and submitted your application materials by September 3, so that they are complete and ready for viewing by the judges on September 4. Do not delay on submitting your applications through OSCAR.

The following guidelines will also assist you in determining the timing of applications: Federal Judges: (Federal appellate, district, magistrate, and bankruptcy judges) Many federal court judges will follow the Hiring Plan described above. There will be other federal court judges who will continue to hire during the applicant’s second year. To determine if a federal judge is hiring and his or her application deadline, check the U.S. Federal Courts website http://www.uscourts.gov/employment.html, or the Federal Law Clerk

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Information System at https://lawclerks.ao.uscourts.gov. For a definitive answer you may also call the judges’ chambers directly. State Supreme and State Appellate Judges: The time to apply for Arizona State Supreme and State Appellate judges is on the same timeline as the Hiring Plan outlined above. Many other state courts, however, hire in the second year, so you must do your own research and keep your eye out for information from the Career Services Office as it is received.

OPPORTUNITIES LATER IN YOUR THIRD YEAR Later in your third year, some state trial court judges are still hiring. Unexpected appointments, departures, and budget allocations may open additional clerkship positions in other state and federal courts. New judges are appointed routinely and every newly appointed judge needs clerks immediately. New appointments can be found on web sites such as: http://www.uscourts.gov/employment/vacancies.html, the University of Michigan’s http://www.law.umich.edu/currentstudents/careerservices/nomdb.htm, Yale’s federal judicial nominations page http://www.law.yale.edu/outside/scr/library/nom/index.asp, and the Senate nominations page http://www.senate.gov/pagelayout/legislative/one_item_and_teasers/nom_confc.htm. As a 3L, you may also consider applying for a clerkship that will begin a year after you graduate and spend the interceding year in a fellowship or special program. Staff attorney positions are available in each U.S. Court of Appeals and some state courts, including the Arizona Supreme Court and Court of Appeals. Staff attorneys analyze and evaluate cases before they are assigned to a specific judge. These attorneys work for the court as a whole and become well acquainted with all court personnel. Some courts hire staff attorneys for one-year terms and others hire staff attorneys for an indefinite period of time. Some federal circuit courts and all of the federal district courts hire attorneys to review actions brought by litigants who do not have representation. These pro se staff attorneys review the merits of pro se claims, recommend a disposition, and assist the litigants with civil and criminal procedures. 7. PREPARING FOR THE INITIAL INTERVIEW Know the judge to whom you are applying. Do your research on the judge before the application stage so that you are prepared to discuss his/her decisions on recent cases. Find out if the judges have written any law review articles and read them. Do a computer search on the judges’ most recent cases and decisions. If possible, talk to individuals or former clerks who know the judges. Once you receive an interview, the judge is primarily interested in determining whether you are the person with whom he or she prefers to work. To have a better understanding of your personality and work style the judge may ask you personal questions. In preparing for interviews keep in mind the fact that securing an interview means they decided you’re capable of doing the work—now they want to find out how you’ll work within the character of the chambers. Everyone in chambers is interviewing you, whether or not they act like it—be respectful and good-humored with everyone. Interviews typically are not focused on substantive legal knowledge. Even if you get a substantive question, the purpose is not really to be “right,” but to show how you can think on your feet. This interview is just as much an opportunity for you to assess the judge and the chambers as it is for the judge to assess you—if you walk out unhappy, call and withdraw your application. You must know your resume perfectly, and be prepared to say something about every item on it, no matter how old or how small. Know your writing sample perfectly—it’s the most likely source of substantive questions, so

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think about responses and counterarguments. Know your transcript perfectly, as silly as that may sound—you might get asked about a course, or some unintelligible abbreviation. What you can do, time permitting, is look at the judge’s opinions in Westlaw/Lexis search for opinions in the past 1-3 years (if it’s too far back, judges might not remember them, especially district judges, who write so many). For appellate judges, look for dissents, since those are more likely to reflect the judge’s personal style and philosophy. Search in a news or legal periodical database for articles or speeches by (or about) the judge. Read the morning paper before your interview, especially if you’re in a new city. Some common-sense interview reminders are to get there a little early, if possible: Be polite to EVERYBODY: Don’t let your guard down completely with the clerks: Be attentive to the other office staff. Dress professionally and conservatively. If you have a strict schedule that day (e.g., two interviews or an early afternoon plane), make sure the chambers’ staff knows about it ahead of time; it’s also okay to politely reconfirm with the judge’s assistant, or with the clerk who’s coordinating interviews, when you arrive. Think ahead of time about a couple of questions to have ready for the clerks (or the judge, though this is less common). Consult the material available in this handbook at page 31 for frequently asked interview questions as well as the Career Services Interviewing Handbook. 8. ACCEPTING THE OFFER It is important that you understand that judicial clerkship offers are coveted and unique. If a judge offers you a position, he or she expects you to accept or decline immediately unless you are advised otherwise. Confirm with the judge the time you may have to reply, if any. In no case should you ever accept an offer and later rescind your acceptance. Remember, your treatment of the judge will affect efforts of future ASU applicants.

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9. APPENDIX

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UNITED STATES COURTS

FEDERAL

U.S. Supreme Court TRIBAL STATE U.S. Court of Appeals Tribal Appellate State Supreme Court Court Federal Tribal Trial State Appellate Administrative Court Court Court US District Court Bankruptcy Magistrate Court State Trial Court State Administrative Tribunal

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OVERVIEW OF COURTS THE FEDERAL COURTS

U.S. Supreme Court

Clerkships with the U.S. Supreme Court are very competitive and applicants must have clerked for at least one year on a federal circuit court. If you secure a federal clerkship and are interested in the Supreme Court, you should contact the justice(s) in the spring of your last year of law school to begin the process. For more information on the Supreme Court, visit its website at www.supremecourtus.gov. Federal Appellate Courts (U.S. Court of Appeals)

There are thirteen federal appellate courts, including the Federal Circuit (hears appeals from the U.S. Claims Court, Patent, and Trademark Office, U.S. Court of International Trade and U.S. District Court in patent infringement cases), D.C. Circuit and First through Eleventh Circuits. Each judge generally has at least one or two clerks and some judges have at least one career clerk. Duties include: C Research and legal analysis; C Drafting bench memoranda, summarizing parties’ briefs for cases; C Drafting memoranda on issues to be decided; C Drafting opinions, concurrences, dissents, etc. (Pursuant to judge’s instructions); C Editing, proofreading, and cite checking; C Assist in screening cases when court decides what to hear;

In-depth research on specific issues. Federal Trial Courts (U.S. District Courts) Ninety-four courts throughout the country. Duties include: C Assist judges with pre-trial motions, conferences, hearings and trials; C Assist in court on day-to-day basis, observing trials and researching matters that arise during litigation; C Draft trial memoranda with synopsis of case’s issues;

C Assist in details of daily processing of litigation including motion practice, discovery disputes or settlement conferences;

C Research for and drafting of memoranda, opinions, orders, jury instructions; C Extensive interaction with attorneys, witnesses, and to some extent, juries: result is daily exposure to a variety of personality types and courtroom styles;

C Various administrative tasks as needed.

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Magistrates - Duties vary depending on District Court. Magistrates hear pretrial matters such as bond hearings and motions; conduct settlement conferences; issue search and arrest warrants in federal criminal matters; and may try people accused of minor offenses when designated to do so by a district judge. Some hire clerks.

For a map of circuits and links to circuit and district court websites, visit www.uscourts.gov/links.html. SPECIAL COURTS

Most judges in the special courts listed below employ clerks although qualifications vary and may include experience with another court or in practice. Administrative Law Judges

The federal government employs over 1,000 judges in 28 administrative agencies who hear cases pertaining to their particular agency. Some have clerks. U. S. Bankruptcy Courts - Each district of the United States has a Bankruptcy Court. Most judges have clerks; some employ career clerks. U.S. Claims Court – where individuals and businesses may bring suits (other than tax matters) against the federal government. U.S. Court of International Trade - has jurisdiction over tariff conflicts and hears appeals from U.S. International Trade Commission (which investigates and issues rulings concerning unfair practices in import trade). U.S. Court of Military Appeals - three civilian judges review court martial convictions. U.S. Tax Court – There are nineteen judges appointed to the tax court each with approximately three judicial clerks. Clerks receive the experience of a trial court within their specialized field of tax. The Court’s trials involve controversies regarding deficiencies in income, estate and gift taxes. Students interested in positions should be sure to take and excel in tax courses and be ranked in the upper third of their class. Many clerks are hired while enrolled in an LLM Tax Program. For more information on the U.S. Tax Court, visit www.ustaxcourt.gov. Click on “Employment Opportunities” to review the Law Clerk Program and application process. U.S. Court of Veterans Appeals - reviews decisions of the Department of Veterans Affairs.

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State Supreme & Appellate Courts

The duties of a judicial clerk for a state appellate court judge will vary depending on how the state’s court system is organized. Most states have both a supreme court and court of appeals. Some states have only a supreme court. Generally duties are similar to those in federal appellate courts. For information on the Supreme Court of Arizona, visit http://www.supreme.state.az.us/. For information on the Supreme Court of Arizona Justices, visit http://www.supreme.state.az.us/azsupreme/justices.htm. For information on the Arizona State Court of Appeals, Division 1, visit http://www.cofad1.state.az.us/. For information on the Arizona State Court of Appeals, Division 2, visit http://www.apltwo.ct.state.az.us/. State Trial Courts

Generally, state court systems mirror the federal system with both trial and appellate courts. Some states have special courts as well. Most of the legal matters in this country are handled at the state level. The state courts are the primary forums for contract disputes, torts, criminal prosecutions, divorce and custody matters, and probate of estates. In Arizona, Pima and Maricopa County Superior Court judges hire law clerks or law-trained bailiffs.

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LAW CLERK HANDBOOK (Federal Judicial Center rev. 1994)

§1. THE FUNCTION AND ROLE OF THE LAW CLERK A law clerk is a lawyer employed to assist a judge with as many administrative, clerical, and basic legal tasks as possible, so as to leave the judge more time for judging and critical decision-making. The clerk has no statutorily defined duties. Instead, the clerk carries out the judge's instructions. In doing so, the typical clerk is given a broad range of duties. Clerks are usually assigned to do legal research, prepare bench memos draft orders and opinions, edit and proofread the judge's orders and opinions, and verify citations. Many judges discuss pending cases with their law clerks and confer with them about decisions. Frequently, clerks also maintain the library, assemble documents, serve as courtroom crier, and run errands for the judge. District court clerks also often attend conferences in chambers with the attorneys in a case. Each judge decides cases in an individual manner and has work habits developed in a long professional career. No two judges, therefore, utilize their clerks in precisely the same manner. The law clerk must follow the instructions and adjust to the requirements and habits of the individual judge for whom the clerk works. Other staff members also assist the judge. An appellate judge is authorized to employ three law clerks and two secretaries. Each district judge generally has two law clerks, a secretary, a courtroom deputy, and the services of a court reporter. Each bankruptcy judge has one law clerk and a secretary. Each magistrate has a clerical assistant and a secretary. With the approval of the magistrate's Committee of the Judicial Conference, a magistrate may employ a law clerk instead, and the clerical assistant's position is assigned to the office of the clerk of court, which then furnishes clerical assistance to the magistrate. As a member of the judge's staff, the clerk must work cooperatively with the other staff members so that, as a team, they assist the judge in fulfilling judicial responsibilities. Although each member of the staff has certain specific duties, the staff members assist each other. §2. THE TRIAL COURT LAW CLERK AND THE APPELLATE COURT LAW CLERK Like their judicial principals, district court and bankruptcy court clerks perform a wider variety of functions than do appellate court clerks. The trial court is engaged in the process of fact-finding, including discovery and trial, and in the myriad details of the daily processing of litigation, including discovery disputes; settlement conferences; pretrial, trial, and post-trial motions; and sentencing in criminal cases. The bankruptcy court clerk likewise participates in the broad range of tasks performed by the bankruptcy judge as a trial judge. Trial court clerks have substantially more contact with attorneys and witnesses and are involved in many decisions made at every stage of each case. Most district court and bankruptcy court opinions are not published, and most need not contain an exhaustive review of the relevant precedents, a trial court opinion has limited precedential effect, ordinarily only as persuasive authority, and an opinion is published only when the trial judge elects to send it to the companies that publish federal court opinions or maintain them in on-line services. On the rare occasion when the trial judge thinks it desirable, the trial court opinion may contain an exhaustive and detailed analysis of the state of the law, much like an appellate court opinion. Appellate courts may adopt a district court opinion when affirming the district court. In contrast, the principal function of the clerk for an appellate judge is to research the issues of law and fact presented by an appeal. The clerk may be called upon to prepare a bench memo, to assist the judge in preparing the oral argument, draft an opinion pursuant to the judge's directions, or edit or cite-check an opinion written by the judge. Appellate opinions are frequently published and become precedent for all district courts in this circuit. In addition, although an appeal may be taken from any trial court final decision, and most judgments rendered after a trial on the merits or summary judgment are now appealed, the decisions of the federal circuit courts of appeals are often conclusive because the U.S. Supreme Court grants a percentage of the cases sought to be brought to it. Consequently, appellate opinions require comprehensive analysis and synthesis of the relevant existing decisions.

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Self-Assessment For Judicial Clerkships Yale Law School Career Development Office

Use this outline as a basis to consider if, when, and where you want to clerk, and to evaluate potential strengths and weaknesses in your application.

A. Reasons for seeking a clerkship

1. Trial or appellate 2. State, federal, or international

B. Constraints on clerkship search

1. Geography 2. Family ties 3. Place(s) you want to practice law 4. Personal preferences for judges (experience on the bench, ideology, etc.)

C. Law school experience

1. Clinic 2. Journal experience or other significant legal writing 3. Moot court 4. Academic record 5. Other law school activities

D. Other academic experience (e.g., advanced degree) E. Nonacademic experience and interests (might demonstrate skills, or just interesting, well-rounded personality)

Jobs (paid and volunteer) 2. Proficiency in more than one language 3. Travel 4. Any other interesting, distinguishing items

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F. Writing Sample (substantive legal writing preferable)

1. Law school work 2. Work for employer (seek employer permission)

G. Recommendations (2 or 3)

1. Law Faculty

a. Supervised work or writing b. Known through a small class (1st year or seminar) c. Research assistant or teaching assistant d. Written a good exam

2. Legal Employers

a. Know your writing/analytical skills b. Speak positively about other attributes (work habits, character, etc.)

3. Nonlegal Employers or Faculty

Know your writing/analytical skills b. Speak positively about other attributes (intellect, character, work habits, etc.)

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ADDITIONAL WEBSITES FOR JUDICIAL CLERKSHIPS RESEARCH

www.law.umich.edu/currentstudents/careerservices/nomdb.htm: University of Michigan Law School Judicial Appointment Database containing all recent federal judicial nominations and recent confirmations. www.lectlaw.com/tjud.htm: The “Lectric Law Library Lawcopedia’s Judges, Courts & The Judiciary”. Contains a broad spectrum of information about the courts and judges, including recent developments regarding the judiciary. www.uscourts.gov: Offers general information about the U.S. Courts, publications, directories, news and information. Home of the Federal Clerkship Information System. www.judges.org/: Website for the National Judicial College, an organization devoted to judicial education. http://www.law.yale.edu/outside/scr/library/nom/index.asp: Yale’s federal judicial nominations page. www.senate.gov: The U.S. Senate nominations page. Click on “Nominations” in the left-hand column. www.afj.org: Alliance for Justice, the “Judicial Selection Project” includes reports and analysis concerning the federal judiciary and judicial confirmations, most notably demographic tables based on judges’ ethnicity and gender. www.fjc.gov: Federal Judicial Center – Includes links to circuit courts, biographical information on all past and present federal judges, and legal links. www.ncsconline.org/: National Center for State Courts – Links to numerous state and international court sites. http://judiciary.senate.gov/: United States Senate Committee on the Judiciary – Listings of recent judicial nominations and confirmations as well as committee agendas and hearings schedules. www.usdoj.gov/olp/judicialnominations.htm: Listings of recent judicial nominations and confirmations.

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BIOGRAPHICAL RESOURCES

Numerous biographical resources provide background information on judges or justices for use in researching possible clerkships and preparing for interviews. Directories list current addresses and phone numbers. Online searches of opinions authored by judges can provide information regarding the position, writing style, and areas of law a judge has addressed. Also, in an online search, it is possible to determine whether a judge has written law review or legal related articles of note. The judicial clerkship resources listed below are available in the law library and/or in the Career Services Office.

Judicial Yellow Book, Spring 2006. Leadership Directories, Inc. Career Services Library

Provides contact information for over 3,400 federal and state judges in federal and state appellate courts, including staff and law clerks, and the law schools they attended.

Alliance for Justice www.allianceforjustice.org/judicial/judicial_selection_resources/index.html

Contains demographic lists and tables of sitting federal judges based on categories such as the appointing president, ethnicity, and gender, as well as reports on nominations and the confirmation process.

Almanac of the Federal Judiciary Law Library Reference KF8700.A19 A4 1984

Information on all district court judges in the Federal Judiciary.

The American Bench: Judges of the Nation 2006 Law Library Reference KF8700.A19 A47

Comprehensive directory combining biographical information on judges from all levels of federal and state courts with jurisdictional information on the courts they serve.

BNA's Directory of State and Federal Courts, Judges and Clerks 2006 Law Library Reference KF8700.A19 B15

State and federal listing of courts, judges, and law clerks with accompanying addresses and phone numbers.

Directory of Minority Judges of the United States,The 2001

Minority judges at all levels of the judiciary with listings by African-American, Asian/Pacific Islander, Hispanic, and Native American Judges. Ref: KF8700.A19.D67 2001.

The Lawyer's Almanac 2005 Law Library Reserve KF190.L38 & Career Services

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Provides brief descriptions of the various courts and functions and lists judges with the U.S. Court of Appeals, U.S. District Courts and State Courts.

Want's Federal-State Court Directory. 2006 Law Library Reference KF8700.A19 F42

Listing of state and federal court judges, attorneys, and clerks with accompanying addresses and telephone numbers.

Who's Who in American Law. 2005-2006 Law Library Reference KF372.W36

Contains biographical information about judges, attorneys, prosecutors, law educators and others in the legal profession. Since biographical information is voluntarily submitted, not all judges will be listed.

Judicial Staff Directory. 2005 Law Library Reference KF8700.A19 J8 1998 Listing of contact and biographical information for federal judges and their staff.

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Judicial Clerkship Correspondence

How to Address Justices and Judges In Your Correspondence

Address Address on letter & envelope Salutation Federal Courts

United States Supreme Court

The Chief Justice The Chief Justice of the United States Washington, D.C. 20543

Dear Chief Justice

Associate Justice Justice (Surname) The Supreme Court of the United States

Dear Justice (surname):

U.S. Court of Appeals

Chief Judge Honorable (full name) Chief Judge, United States Court of Appeals

Dear Judge (surname):

Judge or Senior Judge Honorable (full name) United States Court of Appeals Address

Dear Judge (surname):

U.S. District Court

Chief Judge Honorable (full name) Chief Judge, United States District Court

Dear Judge (surname):

Judge or Senior Judge Honorable (full name) United States District Court

Dear Judge (surname):

Other Federal Courts

Chief Judge Honorable (full name) Chief Judge, (Court) Address

Dear Judge (surname):

Judge Honorable (full name) Court Address

Dear Judge (surname):

State CourtsState Supreme Court

Chief Justice Honorable (full name) Chief Justice, Supreme Court of the State (Commonwealth) of (state name) Address

Dear Justice (surname):

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

Dear Justice (surname):

Other State Courts

Chief Judge (Appellate Courts) Presiding Judge (state trial courts)

Honorable (full name) Chief Judge/Presiding Judge (Court) Address

Dear Judge (surname): (Appellate courts) Dear Judge (surname): (state trial courts)

Adapted from Paving the Way, Georgetown Law Center

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Sample Cover Letter for Judicial Clerkships

Your Address City, State, Zip Telephone Number (optional) Date

Inside Address (See handout re: how to address Justices and Judges) Street Address City, State Zip

Dear Judge Brown:

Your opening paragraph should arouse interest on the part of the judge. Tell the judge why you are writing the letter. Give information to show your specific interest in the clerkship.

The second paragraph should tell, in brief terms, your academic and/or professional background. Be specific but to the point about the kind of experience and background you have. Always qualify statements with examples.

Your middle paragraph(s) should create desire by relating your experience to the clerkship you are interested in. Give details that will show the judge why you should be considered as a candidate. Cite specific examples of your qualifications. Refer to your resume or other material. Use as much space as needed to tell your story, but keep it to the point.

In your closing paragraph, ask for action. Ask for an appointment suggesting a time when you will be free. A positive request is harder to ignore than a vague hope.

Very Truly Yours,

(Signature)

Your Name, Typed

Enclosure(s)

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Sample Cover Letter for Judicial Clerkships 2340 Broadway Avenue Tempe, AZ 85287 September 1, 2007 The Honorable Rebecca Berch Supreme Court of Arizona 1501 W. Washington Phoenix, Arizona 85007-3329 Dear Justice Berch: I will graduate from the Sandra Day O’Connor College of Law at Arizona State University in May 2007 and would like to be considered for a clerkship position for the fall of 2007. I am a lifelong resident of the state and plan to sit for the Arizona bar exam. I am particularly interested in the area of commercial litigation. I took Secured Transactions last year and am now taking Securities Regulations and International Investments & Structures. I plan to enroll in Bankruptcy Law next semester. My experience clerking for a law firm last summer in its corporate and litigation sections enhanced my knowledge of the profession and reaffirmed my career goal to work in the area of international law with an emphasis on international commerce. Not only have I excelled academically, but I have also participated in a number of extracurricular activities both in and outside of law school. I am presently Editor of the Arizona Law Journal with primary responsibility for final manuscript review and personnel management. My participation and success in various moot court competitions resulted in my appointment to the College of Law Moot Court Board. Working as a volunteer for the ASU Victim’s Assistance Program has provided me with a great deal of client interaction and a real sense of satisfaction that I have contributed to our legal community. I am available at your convenience for an interview. Please let me know if I can provide additional information. Professor Benton, Professor Clark, and my supervising attorney at Campbell & Schultz have submitted letters of reference on my behalf. Respectfully, Student Name Enclosures

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Requesting a Letter of Recommendation From A Professor August 1, 2007 Professor James Brown Arizona State University College of Law Tempe, Arizona 85287-7906 Dear Professor (or Mr./Ms. if an attorney) Brown: Thank you for taking the time to talk with me regarding my judicial clerkship application. I appreciate your willingness to write a letter of recommendation for me. As you requested, I have included a copy of my resume and transcript for your reference. [Suggestions of what the letter might include] If professor: Note grade received in class and its correspondence to range of grades given (e.g. 2nd or 3rd highest grade, etc.) Discuss writing skills – if paper was written Discuss quality of class comments Discuss perception of how you interact with classmates If attorney/employer: Discuss quality of writing skills Discuss ability to work with co-workers/clients, if applicable Discuss work habits Also, if the writer was a judicial clerk, they could mention that fact along with a sincere “I know what it takes and this person is capable.” [Instructions on submitting the letters of recommendation] I am applying to the following judges: ____________, ____________, __________, __________. If applying to Arizona judges: The Career Services Office is collecting applications for Arizona judges. I am applying to the following Arizona judges: __________, ___________, and ___________ (etc.). Letters of recommendation for these judges must be sent to the Career Services Office by August 22, 2007. If applying through OSCAR: I am (also) applying to federal judges who will be taking applications through OSCAR. You will receive an email invitation from OSCAR with a password for you to login into OSCAR and upload your letters of recommendation. I have been informed by Career Services that faculty

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assistants are familiar with OSCAR and that Career Services can answer any questions about OSCAR. If mailing applications on your own: My goal is to send out my application packets by ________, and I would appreciate it if you could return your letters to me, in separately sealed envelopes, before that date. Again, I appreciate your taking the time to write these letters. If you need any more information or have any questions, please feel free to give me a call. Thank you. Sincerely, Steven Student Adapted from sample letter received from Gonzaga University.

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Judicial Clerkships: Possible Interview Questions

Questions a Judge Might Ask a Judicial Clerkship Applicant

1. Why do you want to clerk? 2. Why this particular court? Why me? 3. What do you hope to learn from a clerkship? 4. Why do you want to clerk in this city (state, region)? 5. What do you consider to be your greatest strengths? Weaknesses? 6. What qualities do you have that might make you a valuable law clerk? 7. What are your short-term legal career goals? 8. What are your long-term legal career goals? 9. Do you plan to take the (state) bar exam? 10. Do you plan to practice in this state? 11. Where (location/type of employer) do you hope to practice after your clerkship? 12. What type of law interests you most? The

least? 13. Describe your work experience (pre/during law school). 14. Describe the work you perform for your law review.

15. What have you learned from participation on law journal or in a moot court or clinical program? 16. Why aren't you on law journal? 17. Tell me about the courses (grades, professors) you had in law school. 18. To which judges (courts) have you applied? 19. How would you approach this particular issue, cases, and problem? 20. Do you prefer to work with others or independently? 21. How do you view the long hours and low pay associated with a judicial clerkship? 22. If you and I disagree about a certain issue, would you have any problems drafting an opinion incorporating my viewpoint? 23. What interests do you have outside of law school? 24. What questions do you have for me? 25. Is there anything else you want to tell me about yourself?

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Questions to Ask Judges

1. What criteria do you use in selecting your clerk? 2. What will be the scope of my responsibilities? 3. What is the nature of your docket? 4. What is your timetable for making a decision? 5. Do your clerks have contact with local attorneys? 6. Describe your legal philosophy. 7. What do you see as the primary role of this court? 8. What percentage of my time would I spend in court, conducting research, drafting opinions? 9. When do you prefer your clerks to look for permanent jobs?

Questions to Ask the Current Judicial Clerk

1. Describe a typical week as a clerk in this court. 2. What responsibilities do you have? 3. Describe your relationship with the judge. 4. What are the judge's greatest strengths? Weaknesses? 5. What contact do you have with the other clerks (with practicing attorneys in the area)? 6. Tell me about this city (state, region) as a place to live. 7. How has this clerkship affected your job search? 8. How has this clerkship affected your career goals? 9. What percentage of time do you spend in court, conducting research, drafting opinions, interacting with the judge? 10. What criteria seem to affect the judge's selection of a clerk? 11. What type/how much feedback do you receive from the judges?

Adapted from Paving the Way, Georgetown Law Center

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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 some new 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 and have planned the size of their current summer classes accordingly. No one assumes the change in timing is going to drastically change the end result. Smaller firms, whose needs may not allow as much flexibility, 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 associates who will be seeking clerkships. The new timing of the clerkship interview process makes clear communication on this issue imperative, and you should expect to be asked about it sometime during the summer. Consider the possibility that your employer maybe contacted as a reference by a judge and that you may want to use summer work product as a writing sample. If your clerkship application comes as a surprise 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 about clerking, remember to convey your enthusiasm for your summer job and interest in your employer while you are explaining your thoughts about clerkship applications. Remember, too, that it is perfectly reasonable to be uncertain about applying for clerkships, especially early in the summer; you need not give a categorical answer to your employer immediately -just be straightforward about what you are thinking. Learn from Those Who Came Before You During the summer, seek out former judicial clerks for their ideas about different judges and different types of clerkships, as well as about the value of their clerkships both from their personal and their firm's perspective. Planning for the Fall Students interviewing for private sector jobs in their third year are expected to bear the brunt of the uncertainty associated with the new hiring schedule. They will probably face a longer wait as firms sort out their vacancies, and third-year students concurrently applying for clerkships will be more likely to remain 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. Prompt reporting 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 Hiring Plan on Other Hiring Practices" on NALP's web site at www.nalp.org/jobseekers/clerk rpt.pdf (in PDF format) for a more detailed discussion of these and other ideas. For more detailed information on the law clerk hiring plan, visit www.cadc.uscourts.gov/lawclerk.

www.nalp.org

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ASU Alumni Judicial Clerkships

Class of 2007 (Partial List)

Helen Burtis Arizona Court of Appeals, Div. 1 Judge Patrick Irvine Aubrey Joy Corcoran Arizona Court of Appeals, Div. 1 Judge Patricia Norris Rusty Crandell U.S. District Court, Arizona Judge Roslyn O. Silver Alastair Gamble Arizona Supreme Court Justice Andrew D. Hurwitz Charitie Hartsig Arizona Court of Appeals, Div. 1 Judge Diane Johnsen Betsy Lamm Arizona Supreme Court Chief Justice Ruth McGregor Mark Lightner Arizona Supreme Court Vice Chief Justice Rebecca White Berch John Lopez Arizona Court of Appeals, Div. 1 Judge Patricia Orozco Jodi Meyers Arizona Supreme Court Chief Justice Ruth McGregor Nora Nuñez U.S. District Court, Arizona Judge Earl H. Carroll Sara Orozco Arizona Court of Appeals, Div. 1 Judge Patricia Orozco Adriana Rosenblum Arizona Court of Appeals, Div. 1 Judge Maurice Portley Jack Vincent U.S. District Court, Arizona State University Judge Neil Vincent Wake David Wilson Arizona Court of Appeals, Div. 1 Judge Daniel Barker

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Class of 2006 C. Lincoln Combs Supreme Court of Arizona

Justice Andrew D. Hurwitz Colleen Cox Supreme Court of Arizona

Vice Chief Justice Rebecca White Berch Franci Fealk Arizona Court of Appeals, Div. 1

Judge Patricia Orozco Elizabeth Fella U.S. Bankruptcy Court

Judge Sarah Sharer Curley Kevin Kelly U.S. District Court, Southern District of California Magistrate Judge Peter C. Lewis Elizabeth Kruschek Supreme Court of Arizona

Chief Justice Ruth V. McGregor Sarah Mansfield (’07-08 term) Palmer Superior Court, Palmer, Alaska Judge Eric Smith Gail Merten Arizona Court of Appeals, Div. 1

Judge G. Murray Snow Sharon Ng Arizona Court of Appeals, Div. 1 Judge John C. Gemmill Harmony Simmons (’07-08 term) Arizona Court of Appeals, Div. 1 Judge G. Murray Snow Scott Simon Arizona Court of Appeals, Div. 1

Judge G. Murray Snow Marki Stewart Arizona Court of Appeals, Div. 1

Judge Daniel A. Barker Lauren Elliot Stine Supreme Court of Arizona

Justice W. Scott Bales Jo Ellen Vork Arizona Court of Appeals, Div. 1 Judge Donn Kessler

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ASU Alumni Judicial Clerkships Class of 2005

James Barton, II Arizona Supreme Court Chief Justice Ruth McGregor Jacques Blackwell Arizona Court of Appeals, Division 2 Gene Folgo U.S. Court of Appeals for the Ninth Circuit Judge William Canby Norma Izzo U.S. Attorney General Honors Program Department of Justice, Immigration Court Jaclyn Malka Arizona Supreme Court Justice Andrew Hurwitz Hillary Martin U.S. District Court, Alaska (2005) Alaska Supreme Court (2006) Anne-Leigh Moe U.S. District Court, Middle District of Florida Judge Virginia Maria Hernandez Covington Amelia Morrow Arizona Supreme Court Vice Chief Justice Rebecca White Berch Rhonda Needham Arizona Court of Appeals Judge G. Murray Snow Jennifer Roach Arizona Court of Appeals

Judge Patrick Irvine Kristin Romandetti Arizona Court of Appeals Judge Murray Snow Nicole Kulhaug Siqueiros Arizona Superior Court Judge Kenneth Field Elizabeth Townsend Arizona Supreme Court Justice Scott Bales Yen Vu Arizona Court of Appeals Judge Ann Scott Timmer Jodi Wertheim Brown U.S. District Court Judge Morton Sitver

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ASU Alumni Judicial Clerkships Class of 2004

Hannah Auckland Arizona Court of Appeals Judge Ann Scott Timmer Paul Avelar Arizona State Supreme Court (2004) Justice Andrew Hurwitz U.S. Court of Appeals, Second Circuit (2005) Judge Roger Miner Rhonda Barnes Arizona State Supreme Court

Justice Rebecca White Berch

Steven Fitzpatrick Montana District Court Judge Thomas Honzel Michelle Jager Arizona State Supreme Court Chief Justice Charles Jones Regina Pangerl Arizona State Court of Appeals Chief Judge Sheldon Weisberg Matthew Klopp Arizona State Court of Appeals Chief Judge Sheldon Weisberg Douglas Magnuson U.S. Bankruptcy Court, Phoenix Judge Sarah Sharer Curley Marissa Merculieff Superior Court of Alaska Judge Dan Hensley May Mowzoon Arizona State Court of Appeals Judge Ann Scott Timmer Suzanne Rollier U.S. District Court Northern District of Illinois Judge Paul Plunkett Jason Romero Arizona State Supreme Court Justice Ruth McGregor Michael Schon Arizona State Court of Appeals Judge Patricia Norris Kathleen Skinner Arizona State Supreme Court Justice Rebecca White Berch Keith Swisher U.S. Court of Appeals for the Ninth Circuit Judge William Canby

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38

ASU Alumni Judicial Clerkships Class of 2003

Michella Abner Arizona Supreme Court

Justice Michael Ryan

Jason Alberts Arizona Court of Appeals Judge Ann Scott Timmer

Stephen Benedetto Arizona Supreme Court Justice Rebecca White Berch

Jeff Cobb Arizona Court of Appeals Judge Jefferson Lankford

Scott Donald Maricopa County Superior Court

Judge Jeffrey Cates Tracy Friddle Arizona Court of Appeals Judge Patricia Norris

David Steven Garbarino Arizona Supreme Court Justice Rebecca White Berch

Timothy Harjo Mashantucket Pequt Nation Mashantucket, CT

Co Horgan U.S. Bankruptcy Court Judge Sarah Sharer Curley

Andrew Jacob U.S. Court of Appeals, 9th Circuit Judge Barry Silverman

Caroline Lynch Arizona Court of Appeals Judge William F. Garbarino

Karen Johnson Stillwell Arizona Court of Appeals Judge Susan Ehrlich

Cassandra Jones 2nd Judicial District Court Reno, NV

Trisha Martin Baggs Arizona Supreme Court Justice Michael Ryan

Kiersten Murphy Arizona Supreme Court

Justice Andrew D. Hurwitz

Katasha Nakai U.S. Court of Appeals, 9th Circuit Judge Mary M. Schroeder

Lisa Walrath Arizona Court of Appeals Judge John C. Gemmill

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ASU Alumni Judicial Clerkships Class of 2002

Diana Crespo Arizona Court of Appeals Judge Ann Scott Timmer

Amanda Crutchfield Arizona Court of Appeals

Judge Ann Scott Timmer

Cara Eddy Arizona Court of Appeals Judge John C. Gemmill

Jessica Hernandez U.S. District Court (2002)

Judge Fredrick Martone 9th Circuit Court of Appeals (2003) Judge William C. Canby

Kesha Hodge Arizona Court of Appeals

Judge Cecil B. Patterson, Jr. (2002) Judge Maurice Portley (2003)

Donna Howard U.S. Court of Appeals, 9th Circuit

Judge Barry Silverman

Karen Killion Arizona Court of Appeals Judge Cecil B. Patterson, Jr.

Hugo Larios Arizona Court of Appeals

Judge Jefferson Lankford

Mike Liburdi Arizona Supreme Court Justice Ruth V. McGregor

Daniel Miranda Arizona Court of Appeals

Judge John C. Gemmill

Melissa Myer Arizona Supreme Court Justice Ruth V. McGregor

Charles Oldham Arizona Supreme Court

Justice Rebecca White Berch

Zachary Porianda Arizona Court of Appeals Judge Sheldon H. Weisberg

Marc Rubin Arizona Court of Appeals

Judge G. Murray Snow

Nicole Severson Arizona Supreme Court

Sean St. Clair Arizona Court of Appeals Judge William F. Garbarino

Jerod Tufte U.S. Court of Appeals, 8th Circuit

Judge Roger L. Wollman

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40

ASU Alumni Judicial Clerkships Class of 2001

John Browder Arizona Court of Appeals Judge Susan A. Ehrlich Rodina Cave U.S. Court of Appeals, 9th Circuit

Judge William C. Canby

David Cowles Arizona Supreme Court Justice Frederick J. Martone

Christine Davis Arizona Court of Appeals

Judge Jefferson L. Lankford Nicholas Dickinson Arizona Court of Appeals

Judge Rebecca White Berch Abby Ewing Arizona Court of Appeals

Judge Ann Scott Timmer Karen Hartman Arizona Supreme Court

Justice Ruth V. McGregor

Doreen Hobson Arizona Court of Appeals Judge Jefferson L. Lankford

Alicia Maher Arizona Court of Appeals

Judge Cecil Patterson Clarence Matherson Arizona Court of Appeals

Judge Cecil Patterson Cara O’Driscoll Arizona Court of Appeals Immigration Outreach Center

Judge Michael Ryan David Pauole Arizona Court of Appeals

Judge Michael Ryan Andrea Rodgers Arizona Court of Appeals

Judge John C. Gemmill

Nicole Seder Arizona Court of Appeals Judge William F. Garbarino

Meghan Tomasik U.S. Court of Appeals, 9th Circuit

Judge Barry Silverman Kenneth Willmott Arizona Court of Appeals

Judge Ann Scott Timmer

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41

ASU Alumni Judicial Clerkships Class of 2000

Susan Anderson U.S. Court of Appeals, 9th Circuit

Judge William C. Canby, Jr. Diana Anthony Arizona Court of Appeals

Judge Jefferson L. Lankford Raoul Bozio Arizona Court of Appeals

Judge Susan A. Ehrlich Vincent Curley Maricopa County Superior Court

Judge Robert D. Myers Jonathan Diehl Arizona Court of Appeals

Judge Sheldon H. Weisberg

Chris Houck New Jersey Trial Court Judge Jack Kirsten

Andrea Gutierrez Maricopa County Superior Court

Judge Daniel A. Barker Sonia Krainz Arizona Court of Appeals

Judge Rebecca White Berch James Mancuso Arizona Court of Appeals

Judge Susan Ehrlich Wallace Neel Arizona Supreme Court

Justice Thomas Zlaket Peter O’Connor Arizona Court of Appeals

Judge Rudolph J. Gerber Anica Pacheco Maricopa County Superior Court (Arizona Tax Court) Jeffrey S. Cates Tracey Paulauskas Arizona Supreme Court

Justice Frederick J. Martone

Taylor Young Arizona Supreme Court Justice Thomas A. Zlaket

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ASU Alumni Judicial Clerkships Class of 1999*

Kelly Flood Arizona Court of Appeals

Judge Sarah D. Grant Jessica Fotinos Arizona Court of Appeals

Judge Rebecca White Berch

John Houston Arizona Court of Appeals Judge Philip E. Toci

Michelle Johnson Arizona Court of Appeals

Judge Cecil Patterson

Donald Karl Arizona Court of Appeals Judge Michael Ryan

Timothy Keller Arizona Superior Court Judge Robert D. Myers

Cathryn Sadler U.S. Court of Appeals, 9th Circuit

Judge Barry Silverman

Aaron Schepler Arizona Supreme Court Chief Justice Thomas A. Zlaket

Eva Shine U.S. Court of Appeals, 9th Circuit

Senior Judge William C. Canby

Fariba Sirjani Arizona Superior Court Judge Jeffrey S. Cates

Thomas Stanek Arizona Supreme Court

Justice Frederick J. Martone

Wade Swanson Arizona Court of Appeals Judge Cecil Patterson

Eric Wilhelm Arizona Supreme Court

Justice Frederick J. Martone

* Years prior to 1999 are available in the Career Services Office.

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ASU Law Faculty Judicial Clerks Court/Judge Professor U.S. Supreme Court U.S. Supreme Court Paul Bender Justice Felix Frankfurter U.S. Supreme Court Ira Mark Ellman Associate Justice William O. Douglas U.S. Supreme Court Andrew D. Hurwitz Justice Potter Stewart U.S. Court of Appeals U.S. Court of Appeals 2nd Circuit Paul Bender Honorable Learned Hand U.S. Court of Appeals 9th Circuit Charles Calleros Office of Central Staff Attorneys Honorable Procter Hug, Jr. U.S. Court of Appeals 8th Circuit Dale Beck Furnish Honorable Martin D. VanOosterhaut U.S. Court of Appeals 2nd Circuit Robert A. Gorman Honorable Irving R. Kaufman U.S. Court of Appeals 11th Circuit Betsy Grey Honorable Frank M. Johnson, Jr. U.S. Court of Appeals 2nd Circuit Andrew D. Hurwitz Honorable J. Joseph Smith U.S. Court of Appeals 9th Circuit David H. Kaye Honorable Alfred T. Goodwin U.S. Court of Appeals 6th Circuit Myles V. Lynk Honorable Damon Keith U.S. Court of Appeals 9th Circuit Catherine Gage O’Grady Honorable William Canby U.S. Court of Appeals D.C. Circuit Milton R. Schroeder Honorable Carl McGowan U.S. Court of Appeals 9th Circuit James Weinstein Chief Judge James R. Browning

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Court/Judge Professor U.S. Tax Court U.S. Tax Court Adam Chodorow Honorable Joseph H. Gale U.S. District Court U.S. District Court for Northern District Of West Virginia Kirsten Davis Honorable Frederick P. Stamp, Jr. U.S. District Court of Connecticut Andrew D. Hurwitz Honorable Jon O. Newman U.S. District Court for Arizona Mary Sigler Honorable Roslyn O. Silver State Supreme Court Arizona Supreme Court Sigmund Popko Justice Stanley G. Feldman Arizona Supreme Court Rebecca A. Tsosie Justice Stanley G. Feldman California Supreme Court Ira Mark Ellman Associate Justice Matthew Tobriner Washington Supreme Court David Kader Justice Robert E. Utter Wisconsin Supreme Court Daniel Strouse Justice Nathan S. Heffeman


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