This post will highlight advice and experiences of SCU Law Faculty, including:

* Researching and Choosing Courts and a Judge

* Distinguishing Yourself on Your Application

* Things You Should Know About a Clerkship Before Applying

Step 1: Researching and Choosing a Judge
Step 2: Spotlight on Previous Clerks (Recent Alumni: Page 1, SCU Law Faculty: Page 2 and Page 3)
Step 3: Application Process

Featured Interviewees and Clerkship Positions Held:

Kerry Macintosh – clerk for Judge Cecil Poole (U.S. Court of Appeals for the Ninth Circuit) and Justices Brachtenbach and Dimmick (Washington State Supreme Court)

Kenneth Manaster – clerk for Judge Bernard M. Decker (U.S. District Court, Chicago)

Lois Schwartz – clerk for The Honorable D. Lowell Jensen (U.S. District Court for the Northern District of California)

Ruth Silver Taube - clerk for The Honorable Ronald M. Whyte (U.S. District Court for the Northern District of California)

David Sloss – clerk for Judge Joseph Sneed (U.S. Court of Appeals for the Ninth Circuit)

E. Gary Spitko – clerk for The Honorable Gerald Bard Tjoflat (Chief Judge, U.S. Court of Appeals for the Eleventh Circuit)

To access Page 3:  Please CLICK HERE to read Questions 4 - 7

1.  What should students know about clerkships in different courts, and how would you recommend choosing between them?

Kerry Macintosh, Professor of Law:  You should think from the outset about what you are trying to achieve with the clerkship. Different courts offer different experiences.

State v. Federal Courts          

State clerkships are best if your goal is to get a good introduction to the law and the important lawyers and judges in your state.  I loved clerking for the Washington State Supreme Court. Its jurisdiction was extremely broad. I worked on different cases that raised all kinds of issues (in criminal law, family law, contract law, state constitutional law, and more).  I also got to know the judges and was able to form strong impressions of the lawyers and firms practicing in front of the court.  Had I stayed in Washington State, those connections would have been invaluable. (I left to pursue law teaching.)
          By contrast, a federal clerkship is best if your long-term goal is to be a lawyer practicing within the federal system. You will learn the ins and outs of federal jurisdiction and develop your understanding of certain areas of law that fall within federal jurisdiction. At the Ninth Circuit Court of Appeals, I worked on many criminal, immigration, and tax cases. I also worked on copyright, admiralty, and constitutional law cases, but those came up less frequently.

Highest v. Intermediate Level of Appeal

          The Washington State Supreme Court was the highest level of appeal within the Washington State system. The court didn’t have to take every case. It only took cases that were important or challenging. The quality of lawyering at that level was high, and the clerks had time to ponder the issues and draft opinions.
          By contrast, appeal to the Ninth Circuit Court of Appeals is as of right. While I was there, we received many routine and even meritless appeals. The workload was enormous, and time was short. I worked most weekends during the year-long clerkship.
 

2. What did you like most about the clerkship? What skills did you gain and what did you learn?

          Lois W. Schwartz, Lecturer in Law:
I loved working with authentic court documents and dealing with real disputes and personalities. I became a much more forceful and concise analyst. I developed a much stronger understanding of civil and criminal procedure.

         Ken Manaster, Professor of Law: 
There were many great aspects of the experience, including the opportunity to work closely with a wise and thoughtful judge, observing the courtroom process, honing my research and writing skills, seeing the good and the bad in lawyers’ skills, identifying some of the more active practitioners in that particular legal community, and getting a feel for the human side of litigation in the struggles, suffering and occasional happy outcomes for the people who go through the courts.

          Gary Spitko, Professor of Law:
The best part of my clerkship was the relationship I developed with my judge. He was an outstanding mentor. He discussed what he thought went well or not in the oral arguments, what he thought was effective and not in the briefs, etc. It was a privilege as a new law school graduate to have the opportunity to watch a series of U.S. Court of Appeals oral arguments, sit down with the Chief Judge and get his take on what we had just seen. Moreover, my judge was open to discussing with his clerks how and why the cases might be decided. We were given a free hand to state our views and explore the judge’s reasoning as he explored ours. Thus, the clerkship allowed me the opportunity to develop both written and oral advocacy skills and, perhaps more importantly, to gain a sense of confidence in myself as a lawyer.

          Ruth Silver Taube, Adjunct Professor of Law:

I liked the fact that I was provided with a bird’s eye view of the court’s workings, reasoning, and procedures. I honed my research and analytical skills and developed a greater understanding of writing techniques that are effective in persuading a judge. I was very fortunate to work for an extremely conscientious judge who had been a successful practicing attorney and who provided the clerks with valuable insights into his reasoning and analysis.

3.  How did you research judges to apply to?  How did you choose your judge?

          Kerry Macintosh, Professor of Law:
Finding the right judge can make the difference between having a good or bad experience. For example, if ideology matters to you, be sure to research the political leanings of the judges to whom you apply to. If your boss opposes everything you believe in, you are in for a long year.
         

Ideology is not the only thing that matters. Talk to the current clerks of the judges to whom you apply. Discuss their work environment with them. They are well situated to comment on case types, workload, and the temperament of the judge. You can also seek out former clerks to ask these same questions.
 

          Gary Spitko, Professor of Law:
You may want to read a set of opinions of each judge for whom you might apply to clerk to get a sense of how each judge approaches judging.  The judge for whom I eventually clerked attended a function at my law school when one of my professors arranged for me to have lunch with him. At the end of our lunch, he offered me the opportunity to clerk for him and I accepted.

          Lois Schwartz, Lecturer in Law:

I had graduated from law school almost ten years before the clerkship opportunity arose and was steadily employed. A friend who was clerking learned that the Judge would need another clerk and recommended me. Luckily, I was able to take a year off from my job without much difficulty. I was very lucky and I knew it! 

To access Page 3: Please CLICK HERE to read Questions 4 - 7

Thank you to all the faculty members who generously contributed to this blog post!