To access Page 2: Please CLICK HERE to read Questions 1 – 3

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)

4. What type of work did you do at your clerkship?
          David Sloss, Professor of Law:

As a federal court clerk, you will write bench briefs, look over a huge file of material, conduct legal research to understand the issues, and draft a 3-5 page memorandum for your presiding judge.

          Lois W. Schwartz, Lecturer in Law:

As a clerk with a U.S. District Court judge, I was immersed in appellate jurisprudence in teaching (that is what appears in the case books) and I was very happy to have this change, with direct exposure to pretrial and trial procedure.

          Ken Manaster, Professor of Law:

The schedule was pretty much determined by the needs of the judge, which in turn were determined by the schedules of the litigation, including emergency motions and such. My work was largely legal research and the drafting of opinions, and sometimes jury instructions.

          Gary Spitko, Professor of Law:

The clerks prepared a notebook for each upcoming oral argument, discussed the cases with the judge both before and after oral argument, and assisted the judge is his drafting of opinions by, for example, preparing memoranda on various points of law and discussing drafts of the opinions with the judge. As for managing my schedule, we occasionally worked weekends, but for the most part the workload was not oppressive.

5. How has the clerkship helped you get to where you are now?
          Lois W. Schwartz, Lecturer in Law:

For a career in academics like mine, clerking is a highly significant credential and I think it helped me secure my position. I think it helps with any kind of career, not just academics.

          Ken Manaster, Professor of Law:

In addition to advancing my legal skills and understanding of both civil and criminal litigation processes, a federal clerkship has strong resume value in helping to secure a good law firm job, and that was my next step.

6. How did you distinguish yourself in the application process?
          Lois W. Schwartz, Lecturer in Law:

I had some practice experience, and I knew the Judge’s work. I think the Judge really liked the idea of hiring someone who had a little practical experience.
         

Students should write a cover letter that does not sound generic. Describe what you can do for the judge, rather than what the clerkship can do for you.

          Ruth Silver Taube, Adjunct Professor of Law:

I would highly recommend getting a letter of recommendation from a professor who has clerked before.

7. What are some things a student should expect (or should know) before taking up a judicial clerkship?
          Lois W. Schwartz, Lecturer in Law:

It is time-consuming. You should be absolutely loyal to your judge. It is going to be the best year of your career.

          Gary Spitko, Professor of Law:

You should try to gain an appreciation of the practices and preferences of the judge, the allocation of responsibilities among office staff (including a briefing on the permanent staff, who are likely to become invaluable resources) and a feel for the location of the clerkship (where to live, etc). These are perhaps best discussed with the judge’s current clerks during the interview process or after you receive an offer to clerk. From my predecessor clerks, I gained a host of invaluable information, and this meant that I had fewer surprises once my clerkship started.

          Kerry Macintosh, Professor of Law:

Clerking gives you the chance to exercise your research and writing skills. But beware: this does not mean you can expect to learn basics on the job. If you do not arrive at your clerkship already in possession of excellent research and writing skills, you are doomed.

You will have to advise the judge on areas of law you never studied in law school. That means you had better be an effective researcher. Writing is just as important, or more so. You will have to write quickly and clearly. You cannot expect the judge to teach you good grammar or sentence structure.
         

For these reasons, I strongly suggest that prospective clerks take courses or activities during law school that build research and writing skills. For those planning to apply to federal clerkships, I also recommend taking a course in federal jurisdiction.

          David Sloss, Professor of Law:

I would recommend that all students have a realistic assessment of what they choose to pursue, particularly where California clerkships are extremely competitive, especially in the Bay Area. Students should also be more geographically flexible in terms of taking up a clerkship out-of-state. Lastly, it is important to understand that ideology doesn’t matter as much for the bulk of cases coming up to Court of Appeals, where less emphasis is placed on whether a judge is conservative or liberal. Cases are decided based on what the law says and, as a clerk, how you must apply the law.

          Ruth Silver Taube, Adjunct Professor at Law:

You should be familiar with civil procedure because you will deal with a lot of summary judgments, 12(b)(6) motions, injunctions, and last-minute TROs. You can also sit in on court hearings to learn more about the process and the judge. Research the judge's caseload online to determine the types of cases in a typical weekly calendar. Take courses such as Intellectual Property law, and Securities Fraud if you are clerking in the San Jose Court. When I clerked we saw a lot of patent and securities fraud cases. Finally, review court orders by the judge for whom you wish to clerk.
 

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