JUDICIAL CLERKSHIP Manual 2013

Santa Clara University School of Law

Law Career Services INTRODUCTION

2

Applying for a post-graduate judicial clerkship involves participating in a notoriously opaque process --so notorious, in fact, that one prominent federal appellate judge, paraphrasing Winston Churchill, described it as "a riddle wrapped in a mystery inside an enigma." The crown jewel of most legal resumes, post-graduate judicial clerkships have always been regarded as highly competitive, but recent events in the legal economy have made obtaining a term position in a judge's chambers even more difficult. During the 2009 application season, applications to federal judges increased 66%, with some judges receiving almost 1000 applications for 3 -4 positions. Success in this competitive environment requires careful strategic planning, scrupulous attention to detail, and yes, a little luck. Law Career Services has created this comprehensive manual to help guide you through the clerkship application process. It is meant both as an instruction manual and resource for all things clerkship related. In addition to providing crucial information concerning general application deadlines and University policies concerning uploading letters of recommendation onto OSCAR, this manual is intended to be a comprehensive resource to help you craft an application strategy and execute it in a manner that will maximize your chances for success. The pages that follow describe the application process in detail. Please keep in mind that clerkship applications are different from firm applications, so it is recommended that you pay particular attention to the section on Letters of Recommendation and Cover Letters. Most importantly, please allow substantial time to complete all your written materials and turn in your letter of recommendation spreadsheet. DO NOT WAIT UNTIL THE LAST MINUTE. The application process necessarily involves working closely with the Santa Clara Administration to ensure your application materials are properly uploaded onto the OSCAR system and that your paper applications have been merged and mailed before the deadline. Attached on the following page is a checklist of deadlines that must be followed to ensure your materials are ready in time. Failure to follow the posted deadlines may result in a late application. In recent years, more and more Santa Clara Law graduates have successfully obtained judicial clerkships and this packet represents the most up-to-date information and collective wisdom from all of them. The process is daunting, but not impossible, and the experience that can be gained is unrivaled by any other job in the legal profession. We are here to help, and wish you the best of luck.

3

WHY CLERK?

Working as a judicial law clerk is a once-in-a-lifetime experience that will pay dividends throughout your entire legal career. Generally speaking, former law clerks have more versatility in the types of careers they can choose upon finishing their clerkship. A federal clerkship is often viewed as a necessary prerequisite to many prestigious federal jobs, like the United States Department of Justice Honors Program and the Federal Public Defenders.

All law firms value law clerk experience, and having clerked for a local judge or for a

specialized practice judge,(e.g., bankruptcy, appellate), is considered very valuable to both large and small law firms alike.

Clerking provides a perfect capstone to three years of law school. It is an opportunity

to work closely with a judge who can ultimately act as a mentor, and clerks are typically working on very complex cases and helping to resolve the most cutting edge issues in the legal community.

Types of Federal Judges

The clerkship experience varies depending on the type of Judge. A clerkship with an Appellate judge is slower paced, with clerks working on long-term, comprehensive assignments. A clerkship with a District judge tends to be more fast-paced, with the clerks balancing a busy docket and writing orders on a wide-range of topics.

Below is a list of the types of judges that hire in the federal system, and the number

of clerks they can hire under federal hiring guidelines. This brief list is meant to help you develop an application strategy.

Supreme Court of the United States (4 clerks per Justice)

The holy grail. One of the most sought-after positions in all of law. Supreme Court clerkships are highly competitive, and the Justices almost always hire clerks whom have clerked for an appellate judge or a highly respected district judge.

United States Courts of Appeals (3 -4 clerks per Judge)

There are thirteen different federal courts of appeals, called "circuits." Clerkships at this level are very competitive, with judges hiring term clerks for 1 -2 years. Clerkships with judges sitting in major metropolitan areas and judges who are considered "feeder" judges to the Supreme Court are the most competitive.

United States District Court (2 -3 clerks per Judge) There are ninety-four federal districts; the district courts serve as the trial level of the federal court system. Each federal district court judge generally hires two to three law clerks. Most hire for one-year clerkships, but an increasing number require a two-year commitment, and a few hire permanent or career clerks.

4

United States Bankruptcy Courts (1 -2 clerks per Judge)

The Bankruptcy Courts handle individual and business reorganization and insolvency matters. Clerks are exposed not only to bankruptcy law and procedure, but also to many types of legal claims that can be made against the debtor.

Magistrate Judges (1 -2 clerks per judge)

Federal magistrate judges perform a variety of judicial tasks upon the referral of district court judges, and are subject to the supervision of the district court judges. Magistrate judges commonly conduct bail hearings, hold preliminary examinations, review search and arrest warrants, and decide pre-trial motions. They also commonly have significant civil responsibilities such as conducting settlement conferences, managing pre-trial matters in complex cases, holding hearings, issuing reports and recommendations, and supervising discovery. Magistrate judges may also conduct trials. The amount and type of responsibilities accorded to magistrate judges will differ significantly by jurisdiction. In the Northern District of California, Magistrate judges are part of "the wheel" -- meaning they are randomly assigned cases alongside District judges and hear many of the same types of cases.

Special Courts (1 -2 clerks per judge)

• United States Court of Federal Claims --handles certain suits against the federal government and certain tax matters.

• United States Court of International Trade --has jurisdiction over tariff conflicts and hears appeals from United States International Trade Commission, which investigates and issues rulings concerning unfair practices in import trade. • United States Tax Court --hears taxpayer appeals involving income, estate,

and gift taxes.

• United States Court of Veterans Appeals --reviews decisions of the Department of Veterans Affairs.

• United States Court of Military Appeals --three civilian judges review court martial convictions.

5

THE APPLICATION PROCESS

The federal clerkship application process is relatively simple in theory. It involves three basic steps: (1) register for a user account on OSCAR, (2) prepare and upload written application materials, and (3) research and apply to judges. Of course, like all things law related, it is not really this simple. Applying to a clerkship is not the same as applying to a firm or a public interest organization. There are small differences, but the differences represent the narrow margin between success and failure.

What follows is a comprehensive, general overview of the Federal Clerkship

application process. Please remember these are general guidelines. The most difficult aspect of the clerkship hiring process is that it can vary slightly between individual judges --it is best to think of each judge as a single law firm. Therefore, when you find that information in this packet conflicts with instructions from a particular judge, the judge instructions control. This also applies to specific intelligence or information you may find on your own.

The Federal Law Clerk Hiring Plan Several years ago, competitive federal judges were reaching further and further into

the ranks of law schools to capture young legal talent before it could be taken by another judge or a prestigious firm. At one point, Judges were canvassing first year law classes for recruits and the hysteria it caused among the student body was disruptive. The law schools and the federal judiciary came together and developed what would ultimately become the federal law clerk hiring plan as we know it today.

The federal law clerk hiring plan (The Plan) provides a set of self-explanatory

guidelines for hiring rising third year law students. Typically, The Plan dates begin on the Tuesday following Labor Day. Every year, Santa Clara Law publishes the dates (once they are released by OSCAR) on the Application Checklist on the Judicial Clerkship link on the LCS webpage. Please see the Application Checklist for upcoming dates and deadlines.

The Plan stipulates that judges should not hire any clerk before the Fall of their third

year of law school. Thus, the Plan does not apply to graduates. Meaning, judges may hire clerks at their leisure, however, if they wish to hire a third year law student, the Hiring Plan applies.

The Plan can be a source of confusion, mainly because it is not really a "plan" at all, but rather a loose agreement among individual judges (who, by the way, enjoy lifetime tenure) with no external enforcement mechanism to ensure judges are following it. Judges can deviate from the Plan whenever it suits their individual needs --and they often do. Some judges will often hire law students weeks or months before the OSCAR Release. Many judges, however, want to avoid the rat-race that the Plan encourages, so they post vacancies following the OSCAR release.

6

What Does the Plan Mean?

What then, is the take-away from the hiring plan and its overall effect on the clerkship hiring process when not all judges follow it? Keeping in mind that judges post vacancies to fit their own needs, the Plan effectively divides clerkship vacancy postings into three main categories:

(1) Pre-release vacancy posting, ON Plan Judge.

(2) Pre-release vacancy posting, OFF Plan Judge.

(3) Post-release vacancy posting, Plan no longer applies.

These categories1

help an applicant tailor their application in a particular way and also provides an important guideline on how to manage your own application process. The difficulty, of course, is determining which judges follow the Plan and which do not. Tools applicants can use to determine whether a judge follows the hiring plan can be found in the Research section of this packet. For now, the most important thing is to understand that these categories exist, and depending on which category a judges fits into will affect your application strategy for that particular judge.

Important: Although the Plan date represents the earliest possible date you may

apply for a judge (in theory at least), given the sheer volume of applicants, the date acts as a functional deadline. In other words, this is really the only day to submit an application to an On-Plan judge. It is very important that your applications are finalized well before the Plan date. OSCAR will release an entire bundles, sometimes as many as 1,500 applications, in a single shot, and typically chambers will close the application period after delivery of the automatic OSCAR release. Do not wait until the last minute.

OSCAR The Online System for Clerkship Application & Review, or OSCAR, is the primary

application tool used by federal judges for posting clerkship vacancies and reviewing clerkship applications. There are other ways for judges to post clerkship vacancies --like individual court websites --but OSCAR is used by a vast majority of all judges in the federal system.

There are two things students need to remember when they are working with

OSCAR. First, OSCAR is The Keeper of The Plan. You cannot apply to an off-plan judge through OSCAR because the system automatically holds your application until the OSCAR release. Therefore, even though a judge may say he only accepts applications online, if you discover that he is an off-plan judge, you need to mail your application for chambers to receive it on time.

1 There is a fourth category not included above: a Nomination Posting. A Nomination posting is a job posting for a

judge who is either new or elevating. More about the nomination posting can be found in the Strategies section of

this packet.

7

Second, OSCAR is a tool for judges, not applicants. From the applicant perspective,

there are several peculiar inefficiencies inherent in the OSCAR system -- the procedure for uploading Letters of Recommendation being the primary example -- and it is important for applicants to bear this is mind as they apply for judges on OSCAR.

Students are advised to open an OSCAR account as soon as they are able to begin

researching vacancies and becoming comfortable with the OSCAR system. Registration requires that you complete an OSCAR profile and create username and password. We also suggest that user upload a resume as soon as possible, even if this resume will not be the one you ultimately use, because a resume is a requirement before students can begin a "draft" application. Starting a draft application with a judge is important because it allows Santa Clara administrators to upload your letters of recommendation.

After you have uploaded all necessary documents into the OSCAR system and have

confirmed that your letters of recommendation have been uploaded, it is time to print out a PDF version of your application as chambers would view it. This is a very important step, as this is the only point where you can confirm the judge information is correct and all your documents render properly on the OSCAR system.

After checking your PDF application, click "Finalize Application." Once this step is

complete, you will not be able to amend your application. For rising third year law students, the application will be held by OSCAR until the release date. For graduates, the application will be immediately viewable by the chambers.

A complete review of the OSCAR system is beyond the scope of this information

packet. Students are encouraged to explore OSCAR well before the release deadline to become comfortable with the system. In the meantime, here are some tips and hints to be aware of while working with OSCAR.

• Filters are your friend. With almost 2000 federal judges on OSCAR, all of whom

post vacancies at different times, it is important to use the search filters to your advantage. You can search by geography, court level, and most importantly, when a vacancy posted.

• Set up an email alert widget on OSCAR. It will inform you when judges in a "watched" jurisdiction have posted an opening. This is a simple way to keep up with last minute postings and stay ahead of the curve.

• Use folders to organize judges. You can organize by court level, geography, or hiring profiles that match up well with your skills or interests. It will make subsequent research much easier in the long run.

8

APPLICATION MATERIALS A judicial clerkship application involves at least five separate documents: (1) a

resume; (2) cover letter; (3) writing sample; (4) letters of recommendation; (5) and an OSCAR Grade sheet, which acts as a substitute for an official transcript. The application materials are the most important aspect of the entire clerkship application process and they are your only chance to capture a judge's attention. The goal of the written application materials is simple: Get an Interview. Applicants must be strategic when compiling their written materials. What follows is a document by document description of how your materials should look to help maximize your chances in obtaining a coveted clerkship interview.

Important: While we will talk about these documents individually, it is important to

constantly evaluate your entire packet as a whole: What does it say about you? Certain documents can accentuate strengths and overcome weaknesses on other documents, but for your file to accomplish this trick, you must constantly evaluate it as a whole. Uploading a sloppy resume, your memo from LARAW, and generic letters of recommendation by the three most prestigious people you can find will not be a successful strategy. Resume The resume is the cornerstone of your entire application. It goes without saying that it should be completely free of typographical errors and clearly organized. Remember, your entire applicant file will be reviewed by chambers staff, who must also balance their work responsibilities with reviewing applicants in an increasingly competitive application process. Thus, you want your resume to short, easy to read, and it should convey everything as efficiently as possible. A clerkship resume should be organized into three major sections: (1) Education, (2) Work Experience, and (3) Interests. This organizations keeps your resume simple, readable, and interesting.

Education: This section should be at the top of your resume with your GPA and class rank conspicuously displayed. In addition to the GPA, also list journal membership --if any --moot court experience, club memberships, and any scholarships are awards you have received during school (Emery Scholarship, Witkin/Cali awards, etc.). Also list your undergraduate institution, but include your GPA only if it is helpful (above a 3.75 or top 10%).

Work Experience: Know your audience and remember what you are applying for.

Highlight your research and writing experience, public interest/ public service interest, or any unique projects you completed on your own or had primary responsibility over. Keep it short. Don't waste valuable space on filler descriptions. Also, if you have work experience prior to law school, be sure to list it as well.

9

Interests: This is perhaps the most important section of the resume. Nearly all applicants will possess nearly identical qualifications and experiences. Often, a judge is not only looking for the most qualified candidate, but the candidate that the judge can best get along with during a year of working in an intimate work environment.

Some judges like to engage in extra-curricular activities with their clerks: hiking, fishing, rafting, bowling, chess, skiing, sailing, scuba diving, cooking, bird watching, playwriting, opera singing, building model ships to place in glass bottles, tapestry weaving. . . you get the point. Be honest on your application and have personality and you may find that the judge has a similar interest or connection. It may be the very thing that gets your resume pulled from the pile.

Cover Letter The clerkship cover letter is NOT the same as a firm cover letter. It is much shorter. It serves merely as an introduction: The who, what, and when. Below is a simple example of a clerkship cover letter (adapted from the Georgetown template).

My name is _______ and I am a third year law student at Santa Clara University applying for a [year] term clerkship in your chambers. I have enclosed/attached my resume, law school transcript, self-edited writing sample, and three letters of recommendation from Professors X, Y, and Z. Thanks you for your time.

There are only two valid reasons to deviate from this formula: (1) to mention that you have a geographical connection to the area where the judge sits; or (2) include specific information about why you want to clerk for the judge. When it comes to clerkship cover letters, brevity is a virtue. The following is another example of a clerkship cover letter, compliments of Judge Ruggero Aldisert of the Third Circuit Court of Appeals, who wrote the law review article Rat Race: Insider Advice on Landing Judicial Clerkships, 110 PENN. ST. L. REV. 835 (2005). Dear Judge Aldisert,

I am a third-year student at ________ Law School and ____________ editor of the __________ Journal/Law Review. I am writing to apply for a 2006-2007 term clerkship in your chambers. Enclosed please find my resume, law school and undergraduate transcripts, and writing sample. The writing sample is from ______________________, which examines _______________. Also enclosed are letters of recommendation from the following people: Prof. X Prof. Y Ms. Z 12 _____ Law School ______ Law School _____ Law Firm If there is any other information that would be helpful to you, please let me know. Thank you for your consideration.

Sincerely, Joseph Applicant

10

Insider Information: As you can see by the two examples above, there is some room for stylistic changes to the general template, but when it comes to cover letters, less is more. Consider the following information relayed by a Santa Clara graduate who worked as a clerk. On OSCAR, when you check a PDF version of your application before you submit a finalized electronic version, the documents show up in order: (1) profile page, (2) cover letter, (3) resume, (4) transcript, (5) writing sample. When chambers views your submitted application however, the order is different: (1) profile page, (2) resume, (3) transcript, (4) cover letter, (5) writing sample. Thus, the cover letter is not operating as an attention getter, but rather, it acts more like a spoiler. Chambers merely checks to make sure it is free from typos and to see if there is any new information that wasn't already conveyed in the resume and transcripts. Lesson? Play it safe and keep it short. OSCAR Tip: For electronic applications submitted through OSCAR, you can type a general cover letter template and insert merge fields into the template. Thus, when you apply for a judge, OSCAR will automatically merge the fields for you. Obviously, if you write a unique cover letter, you will need to upload a PDF version. Writing Sample Obviously, as you might imagine, your writing sample is a crucial element of your overall application. According to Judge Aldisert:

The writing sample may be the last part of your application anyone in chambers reads, but it is nonetheless important. Unlike letters of recommendation, an excellent writing sample from an otherwise average candidate will probably not yield an interview. But a poor writing sample can easily destroy the chances of an otherwise stellar candidate. In our chambers, it is the law clerks' responsibility to read the writing samples of those applicants whom we select for personal interviews.

The writing sample should be thoroughly edited for grammar, spelling and punctuation. The sample should be short, and highlight a complicated analytical piece. Often, this will involve providing an excerpt, which is fine. No writing sample should exceed ten pages in length. Perhaps most importantly, your writing sample should be self-edited. Judges are trying to get an accurate evaluation of your own personal work. Thus, while you are rightfully proud of your Law Review or Journal Comment, it makes for a terrible writing sample because everyone in Chambers knows how much editing is involved in the publication process. Important: Make sure that real world writing samples have all personal information REDACTED. Judges are not only evaluating your qualifications and interests, but your judgment. Nothing shows worse judgment than submitting confidential work to chambers.

11

Letters of Recommendation Up to this point, we have discussed the fixed elements of your file; your grades are your grades, and your school is your school. Letters of Recommendation, however, vary from applicant to applicant and thus, are one of the most important elements of a strong clerkship application. As Judge Aldisert notes:

The importance of letters of recommendation cannot be overstated. Stellar letters of recommendation will separate an applicant from the pack, and can often compensate for deficiencies such as lower grades. Unfortunately, getting good letters of recommendation is not something you can do

at the last minute.

Strong letters of recommendation can overcome other weaknesses in your file, distinguish you from other candidates, and tie your entire application together in a powerful way. But as Judge Aldisert stated, it takes time, and it takes strategic planning. IMPORTANT: This is the time where you take a hard look at your file and objectively evaluate your credentials. What are your strengths? More importantly, what are your weaknesses? Is it your GPA? (For clerkship purposes, a ranking outside of top 10% is considered a weakness). Less than stellar grade in LARAW? A little thin on your work experience? For you to get the most help from your recommenders, you need to know your weakness so they can write past them. Choosing a Recommender

You need at least three recommenders. Not all judges require three, but most do. The best recommenders are professors who are familiar with you personally and professionally, not necessarily the professor of the class in which you received the highest grade. Think strategically. If you are weak in writing, see if you can get your LARAW or Advocacy professor to help get you past the grade. Always choose a professor who know you over an individual who doesn't know you but is considered my prestigious (like a Dean who has never had you in a class). Meet with Each Recommender to Craft a Strategy !!! This is the single most crucial step in the entire process. Now that your recommender has agreed to write you a letter, it is important that you schedule a time to meet with them and discuss what they will write. It is your job to provide your recommender with enough information --enough ammunition --to write you a stellar recommendation.

• Give your recommender a copy of your resume, writing sample, and write a one page personal statement (why you came to law school, why you want to clerk).

• Professors are very busy, and they see hundreds and hundreds of students. Remind the professor what you have done, what classes you have taken, papers

12

you have written, projects you volunteered for, etc. Remind them why they know you so well.

• Talk candidly about why you want to clerk and what you would do after clerking. • Discuss your weaknesses and let them know what you would like the letter to

accomplish. If your grades are low, have them discuss how your grades don't reflect the scope of your potential contribution to chambers.

Caveat: Sometimes a professor will feel uncomfortable writing a recommendation for you. This is ok. It comes with the territory. Respect their decision and view it as a blessing; you want recommenders who will enthusiastically advocate on your behalf. 15

SANTA CLARA UNIVERSITY PROCEDURE FOR UPLOADING LETTERS OF RECOMMENDATION ON OSCAR The central logistical dilemma of the clerkship application process stems from a simple fact: Letters of recommendation are confidential; you don't get to read them. Coordination of a letter's delivery from professor to judge requires the assistance of Santa Clara University faculty support. THIS IS A REQUIRED PROCEDURE. FAILURE TO FOLLOW IT WILL RESULT IN THE DELAY OF YOUR APPLICATION This procedure applies only to recommenders who work on campus. For off campus recommendations, it is your responsibility to coordinate with the recommender.

1. Shortly after receiving commitments from your recommenders, you should fill out the Letter of Recommendation Clerkship Application Form and turn it in to Faculty Support at 3d floor Bannan Hall. The form alerts Faculty Support that you will be participating in the clerkship process and they can prepare to handle your letters.

2. When your recommenders finish, they should submit your letters to their faculty support staff member. The faculty support staff member will then forward your finished letter to Faculty Support

3. To upload a letter onto a clerkship application in OSCAR, follow these steps:

A. In the Judge application profile, select your resume from the pull down window and check the boxes next to your recommenders names.

B. Then, click "Start Draft Application." You MUST start a draft application to allow Faculty Support to upload your letters. If you do not start a draft application, then your letters cannot be uploaded.

13

C. Email Faculty Support and tell them when you are ready to have your letters uploaded onto OSCAR. It is best to do this in large batches.

PLEASE NOTE: You MUST start a Draft Application for EVERY judge that you are applying to.

4. If you are submitting an application by mail, the following procedure must be followed:

A. Fill out the Clerkship mail-merge excel spreadsheet. Include the name of the Judge, the Salutation (the Honorable) and the application mailing address.

B. Submit this Spreadsheet to Faculty Support. Theyy will personalize each

one, mail merge the application address on the letter and the envelope, and seal the letter for you.

C. Faculty Support will email you when the letters are complete. It is your

responsibility to come pick them up and to mail with the rest of your application.

D. Although each recommendation letter will be individually addressed and

sealed, include all your letters in the same packet as the rest of your application materials so everything arrives at the same time. If you need to mail the letters separately for whatever reason, be sure to indicate this fact in your cover letter.

E. If you decide to overnight your application Be Sure to Waive the

Signature Requirement at Delivery. Failure to do so can result in delaying your application.

Ask Faculty Support when the deadline is to submit your Letter of Recommendation Spreadsheet! Caveat: Sometimes a Judge will post a position after the deadline. If this is the case, simply email Faculty Support and amend your spreadsheet. It is important to get the bulk of your judges who require paper applications turned into Faculty Support by the deadline or you risk of not having your letters not ready on time. Important Tip: Plan Ahead. Remember, OSCAR is the Keeper of the Plan. Therefore, if you find a pre-release posting with an OFF Plan judge, you MUST mail your application. OSCAR will not let you submit an application early even if the Judge is Off Plan. The earlier you organize your materials and secure your letters of recommendation, the easier it will be for you to take full advantage of applying to an Off Plan judge.

14

RESEARCHING JUDGES

Now that your written materials are prepared and uploaded onto OSCAR, you can begin researching judges. The depth of your research is entirely up to you. Theoretically, you could SPAM as many judges as possible and hope one of them is intrigued by what they see. Even that approach, however, will only get you so far.

Research is the cornerstone to executing your application strategy. The sources you use and the information you need will depend on your specific research objective. Below is a list of several research objectives that you will have to address at some point during the application process and resources that are geared towards accomplishing your specific objective.

Important Caveat: With so many judges with varying needs, it can be very difficult to find information for a large majority of them. The fact that the internet is rife with disinformation and unsubstantiated rumors further complicates the entire process. Weigh the source of your information carefully. Also, don't get too frustrated if, after 90 minutes of searching, you are unable to find very much information. Sometimes you have to act on what you have. Research Objectives What Judges Fit? This is the most basic question. Take an honest look at your credentials and where you could live for a year or more. Also analyze what you hope to get out of the clerkship. Once you have an idea, begin your search. 1. Organize your search by Geography and Court Level. Use the OSCAR filters to search for all judges in Seattle, Portland, San Francisco, etc. The more locations the better. Also filter by Court level, District, e.g., Judges vs. Magistrate Judges vs. Appellate Judges. 2. Find Hiring Profiles that Match your Own. Once you have a broad geographical list, examine the job announcement and confirm that you meet the minimum hiring qualifications of the judge. This is a sign that the judge "fits" your profile and also gives a clue about what the judge values. 3. Search for Additional Connections and Assess your Competitiveness This is the most difficult part, and it will take digging on your part. Has the judge done any public interviews that give you any clues as to how he hires? What did he do prior to being a judge? What schools has he hired from in the Past? Harvard and Yale or Hastings and Lewis & Clark? The latter schools are clues that the judge will consider student from outside the T5. Does the judge have a connection to a professor on campus? Perhaps your undergraduate institution? Anything to gain an advantage.

15

Does the Judge Follow the Hiring Plan? This can be the most fundamental question and the most elusive. The judge may state that they follow the Plan, but may, unannounced, deviate from it. There is really no way to tell except to find out if Judge has engaged in this practice before. The following are clues and sources to follow to find out if a judge is Off Plan.

1. Check the OSCAR Profile. Sometimes the judge will explicitly mention whether they follow the hiring plan or not. These cases are easy. Most of the time, however, a judge will be silent as to whether they follow the hiring plan. If this happens, there are several clues on the OSCAR posting itself that may reveal whether the Judge follows the Plan --or is, at least, open to deviation. The first involves checking to see if the judge accepts paper or "mail" applications. If so, the judge is providing an alternative to the OSCAR release, and it may be for a reason. The second subtle hint is the application deadline. If the application deadline is before the OSCAR release date, then chances are the judge plans on making a decision before.

2. Check Secondary Sources. This can get tricky, and is much easier to do with Appellate Judges than lower court Judges, as there is much more information available for Appellate Judges. The goal is to find out if a judge has broken from the Plan before. This involves going to secondary blogs or websites run by private individuals. There is a website called Law Clerk Addict (address below) that tracks judges who have hired 3L's before the OSCAR release. Another site, the Notification Blog, is an anonymous chat room where people relay secret underground information about when a judge is hiring. You can review historical information and find out if a judge has been known to hire early before. Interview Research Before, your research focused on where and when to apply, now it is time to go into the second level of research and discover why you applied (this WILL be a question --Why did you apply to ME?). Below are sources and tips for taking your research to the next level.

1. Westlaw and Lexis Nexis. The easiest and simplest way to conduct in depth research on a judge is to search for his/her opinions on Westlaw or Nexus. Judges will expect that you have taken the time to read at least one published opinion, and it is best to read several.

2. Google. Google can be a tremendous tool that can help you pick up all the loose bits of information that you couldn't find through the normal, official channels. You can find interviews, transcripts, newspaper stores, etc. The more you know and learn, the better.

3. Library. Many judges are professional writers and have published novels, treatises, law review articles, and other large manuscripts. Be sure to check. You

16

don't want to show up to an interview and not be able to answer questions concerning these items. Resources Below is a list of resources you can use to research judges and clerkships in general.

1. OSCAR -- https://oscar.symplicity.com/

2. Federal Judicial Center -- http://www.fjc.gov/public/home.nsf/hisj Biographical Directory of Federal Judges

3. Judicial Clerkships.com -- http://www.judicialclerkships.com/ Private website with general information about judicial clerkships and

application strategies.

4. Law Clerk Addict -- http://www.lawclerkaddict.com/ Private website that tracks federal judge hiring trends, compiles hiring

statistics, and hosts judge-and-jurisdiction-specific forums and chat rooms to facilitate information sharing among current applicants and clerks.

Warning: Some links and forums are rife with disinformation. Be sure to filter

rumor from legitimate tip.

5. Clerkship Notification Blog -- http://lawschoolclerkship.blogspot.com/ Private website that host jurisdiction specific forums to help facilitate

information sharing amongst applicants and current clerks.

6. University of Michigan Judicial Nominations Database -- http://cgi2.www.law.umich.edu/careerservices/Nominations/Nominations.aspx?sor Website that tracks judicial nominations in the federal judiciary and lists to-date

contact information for each nominee

17

APPLICATION STRATEGIES FOR SANTA CLARA LAW STUDENTS It hurts to say, but Santa Clara School of Law is not a top ten school, and therefore, Santa Clara law students do not have the luxury of being able to send applications to a small grouping of prestigious judges and expect success. OSCAR is a tool for judges, not applicants. It operates as a large filter; Chambers often filter over 1000 applications by school --unfortunately, making your profile page one of the more important documents you complete --and Santa Clara rarely makes the cut. But fear not. It is absolutely possible to get a clerkship from Santa Clara, even if you lack top grades; however, to earn a clerkship, students have to dig a little deeper and be strategic in their application strategy if they wish to stand out and overcome the filter. If your sole strategy was to apply to Judges Kozinski, Posner, Easterbrook, Wood, Garland, Reinhardt, and Wilkinson --and hope for the best --then you need a new plan. Below are a series of tips and guidelines for Santa Clara law students to consider as they structure their application plan. The strategies revolve around a singular goal: Getting an Interview. 1. Cast a Wide Net

Increase your chances by applying to as many judges as you feel comfortable. If you are serious about getting a clerkship, then your target should be 100 applications. It may seem daunting, but you have to prepare all the same application materials whether you apply to a 1 judge or 1000. Given how much luck is involved in landing an interview, it is important to give yourself as many chances as possible.

2. Geographic Diversity is a Virtue

The most competitive jurisdictions are the 2d, 9th, and D.C. Circuits. Every judge in these jurisdictions will receive over 1000 applications. In addition to these jurisdictions, judges who sit in San Francisco, New York, D.C., Chicago, and Los Angeles receive applications from all over the country, effectively eliminating any advantage of having a local connection with any judge is these jurisdictions. Thus, a search that focuses on any other city in the United States will be less competitive and increase your chances for success. A clerkship is a clerkship. The value is the same no matter where you clerk. You can live anywhere for a year. Think of it as an adventure.

3. Focus on Lower Courts and Judges Who Have Received Senior Status

The higher up the food chain you travel, the more competitive it can be. Appellate clerkships are extremely competitive anywhere. There are some judges, however, who have taken what is called "Senior Status," thus, they still serve on the court, but they take a reduced case load. These judges have a reduced allocation of clerks, typically hiring two clerks. But the experience is identical. For some reason, these

18

clerkships tend to be less competitive. Take advantage of the phenomenon while it lasts.

Also focus on Magistrate and Bankruptcy judges. Again, clerkships with these judges tend to be less competitive and still provide all the benefits of being a judicial clerk. You may even be able to use this clerkship experience as a way to move up the food chain in subsequent years, as judges are looking for more and more experienced clerks. 4. If Given the Choice Between an Electronic Submission and Mail, Mail your Application

Often you will see judges that accept both electronic and paper applications. These posting will almost always include a statement like "electronic submissions preferred," but to submit electronically is to submit to the power of the filter and the chance that your application will not be read. You can solve this problem by mailing your application, which carries two distinct advantages: (1) it allows you to send your application before the OSCAR release, and (2) it practically guarantees that someone in chambers will read, at least, your resume. It may be extra effort, but it is worth it if you can guarantee a set of eyes falling on your file.

5. Target Judges with a History of Hiring Outside the Top 10 Schools

Some judges hire from Harvard, Yale, Stanford, and their alma mater every year without variation. Other judges however, have more diverse hiring records, and it's these judges that you want to focus your efforts on.

6. Be Aggressive with Post-Plan Postings

Perhaps the most important strategy of all. The OSCAR release is not the end, but rather, the end of the beginning. Many people submit their applications for the OSCAR release and quit, which can work towards your advantage.

The Hiring Plan promotes chaos, and many judges wish to avoid the insanity

altogether. Thus, they wait until after the OSCAR release and post vacancies. This is where Santa Clara students can see success in the application process and stand out from the crowd. Set up an email alert with OSCAR, which will email you when a judge posts a new position. Simply log onto OSCAR, upload your documents (which are already completed), email Joanna Carr and politely inform her that you have applied to a judge, and in less than 48 hours, you can have an application in chambers. 7. Monitor Judicial Nominations --Count the Clerks!

Another advanced tactic is to monitor judicial nominations for new or elevating judges. These Nomination postings are the wild-card of the clerkship hiring process. In the case of a new judge, chances are the hiring process will be carried out on OSCAR at some point, so if you check back frequently, you should be able to take advantage of the fresh posting.

19

In the case of elevating judges, however, the tactic can be a little more complicated. As judges ascend the ranks, they can hire more clerks. A magistrate judge gets two clerks, but a district judge gets three. So, a magistrate judge that elevates to the district level, while he may remain in the same chambers, gets to automatically hire an extra clerk. It is the same with any elevation. But, since the judge has an existing staff, there may not be an official posting on OSCAR or a sense of urgency to hire a staff right away. Thus, in the case of an elevating judge, it is advised that an applicant submit an application by mail after the judge has been nominated.

In this circumstance, the cover letter becomes very important, and the form cover letter needs to be altered. In your cover letter, congratulate the judge on the nomination and tell them that you would like to be considered for a clerkship in the event the judge is hiring an additional one (they are, but since there is no posting, and technically the judge still needs to be confirmed, it is important to be tactful). Then write a sentence why you want to clerk for the judge. BE CAREFUL. Saying that you always wanted to clerk for a District judge when the judge is currently a Magistrate sends the wrong signal to chambers (oh, now they want to clerk for me). Instead, keep your sentence "status neutral" --talk about the judge as an individual, not as a generic position that happens to be more prestigious than the last. Monitoring the judicial nomination and hiring process can be daunting, but the reward is worth it. The Michigan nomination page is the go-to source for this information. They list the nomination date, its status, and most valuably, they list the nominee's current mailing address, removing much of your leg work. Caveat -- District and Appellate judges receive their judgeships under Article III of the Constitution, meaning they must be confirmed by the Senate before they can be seated. Magistrate judges, on the other hand, are not Article III judges; they are hired directly by the individual district courts and serve fixed, renewable 10 year terms. Thus, notice of Magistrate Judge appointments will not show up on the nomination pages, but rather, the appointment announcement will be found on each individual court website. Meaning, you will need to visit each court site individually and check for updates.

INTERVIEWS So, you got an interview. Congratulations! You have overcome the most difficult part of the clerkship process. There is still a ways to go however. A clerkship interview is not like a firm interview. In fact, there is really nothing like it in the legal job universe. The specifics of an actual interview vary greatly between each judge. The length of an interview can be as short as 15 minutes, or as long as two hours. It can involve several phone screenings, a pre-interview with the clerks, or it can be a one-on-one affair with just the judge. The location can be the judge's chambers, or it could be a walking interview in the City. Again, it depends completely on the Judge. Since a clerkship interview experience varies so greatly from judge to judge, listed below are guiding principles to help you schedule and plan your clerkship interview. In the event that one of this principles contradicts chambers, obviously, chambers instructions control.

20

1. Notification --Typically, you will be notified that you received an interview either by email or telephone, but most often by telephone. The call may come from a clerk or secretary, or it may come from the judge.

Rule #1: If you see an unknown number ANSWER YOUR PHONE. Clerkship hiring lore is rich with stores of applicants who chose to screen their phone calls and missed out on an interview as a result. While these instances may be rare, a judge's chambers is a busy place and they may not be available to take your call when you call back. It is best get in the habit of answering your phone when you see an unknown number. Always answer an unknown number professionally, as you may not know if the judge is on the other side, which provides a great segue into Rule #2. . . Rule #2: From the moment you make contact with chambers, you are being evaluated. You are interviewing with Chambers, not just the Judge. Be polite and courteous to staff. Write every email as though the judge were going to read it. Maintain a professional attitude. Treat even the most informal telephone contact or conversation as though it were the interview. Law clerks and secretaries have as much a say --maybe more of a say --of who gets hired. Rule #3: Schedule your interview for the earliest available time slot. Many judges will not wait until they interview every candidate before deciding to make an offer. Most will, but many will not. Since you can't know whether the judge is planning on doing rolling offers, it is good practice to schedule for the earliest time slot, which makes you look especially enthusiastic for the position. Important: The cost of getting to the interview is the responsibility of the applicant. There is no reimbursement for travel expenses. For cross country interviews, this can involve a plane ticket, car rental, and hotel. Needless to say, if 24 you are blessed with multiple interviews, the process can get very expensive. Before scheduling an interview, factor in what it will take to travel to the interview. Don't schedule a cross country interview for the next day, but don't put off an interview in an attempt to get more optimal travel arrangements.

2. The Interview

As mentioned above, the interview experience varies widely from judge to judge. Some key principles to keep in mind.

1. Be Prepared --Substantive Law is on the Table

Unlike a firm interview, questions about substantive law are fair game in a clerkship interview. How you prepare for this eventuality depends entirely on the judge. If you are interviewing with a District judge, you should know the standard for summary judgment and a motion to dismiss, as these are everyday questions that the clerk must help the judge decide. If you are interviewing with a Magistrate judge, you should be familiar with the jurisdiction's local rules so you can know the types of cases a Magistrate judge is hearing and have an understanding about Discovery rules. If you are interviewing with an Appellate judge, be prepared for a double whammy: What opinion of mine have you read?; then be prepared to discuss that opinion at length, including the law involved. For all three levels,

21

you should be very comfortable discussing the substantive issues raised in your writing sample and comfortable answering hypothetical questions.

2. Relax

The hard part is over. If you have arrived at the interview stage, than you have been deemed qualified by Chambers. At this point it is just a matter of personality fit and whether they can work with you. As Judge Aldisert explained:2

When you enter the interview, recall that the judge or his clerks have already said "yes" to you. What you have to do now is to confirm why they should say "yes" again.

3. The Offer

Important: If you receive an offer you are expected to accept. The question of whether you will or will not accept needs to be answered before the interview, as the offer could come at the end of the interview, or shortly thereafter. The only excuse to ask for time is if you have already scheduled an interview with another judge, or you promised a prior judge that if you received an on the spot offer that you would call them. Luckily, in the current market, this calculus is obsolete

2 In Fact, if you have an interview, you should really read the entire Article, conveniently linked on the LCS

webpage.