Ethan Brown '25
Features Editor
On Wednesday, March 15, Senior Director of Judicial Clerkships Ruth Payne ’02 gave 1L students a preliminary overview of the clerkship application process, a monthslong—and perhaps even yearslong—journey to occupy some of the most coveted judicial positions across the country.[1] The session, which to this 1L was a freakish reminder that our time in law school is almost a third of the way done, delved into the Whys, Whos, Wheres, and Whats of clerking.
Before breaking clerkship applications down into their constituent parts, Payne tackled the biggest question first, and probably the one that matters most to the anxious 1Ls reading this: At what point do most 1L students need to think seriously about clerkship applications? Payne explained that for the vast majority of us, applying will begin in earnest during our 2L year, likely about a year from now, during spring 2024. However, for a very small portion of students, particularly those interested in clerking for conservative circuit court judges, Payne said that the process could begin as early as this semester and go into the summer.
Why Clerk?
For students on the fence about whether clerking is the right career move for them, Payne painted a compelling picture. First, clerks get exceptional training from their judges. Unlike at law firms, where junior associates are thrown onto sprawling projects, perhaps with limited feedback, Payne said that judges are at the pinnacle of their career during their time on the bench—and they have a lot of time to provide their clerks with meaningful guidance. Second, in her fifteen years at UVA Law, every clerk Payne has worked with has reported improved writing skills, which benefits lawyers both in litigation and transactional practice. And third, clerks don’t get grunt work—they perform substantive duties at their judge’s behest and aren’t treated as rungs at the bottom of the ladder, as freshly minted lawyers might feel in Big Law.
Who Can Clerk?
In Payne’s own words, “Anyone who comes to UVA Law can clerk,” with the obvious caveat[2] that most of us will not be completing those clerkships at the Supreme Court. Regarding grades, Payne emphasized that most clerkships are not that grade-sensitive; she even mentioned one judge she works with who said they rarely even look at applicants’ transcripts. Like with recruiting through OPP, Payne said that students with less work experience and less leadership experience at the Law School may need to rely on grades more throughout the process relative to their peers. But she in no way suggested that high grades were necessary to land a clerkship, even those—like federal clerkships—that many UVA Law students assume require impeccable academic credentials.
While Payne was insistent that anyone who wants to clerk can do so if they stick with it, she also cautioned that the process is competitive. Most judges receive thousands of applications for only two or three spots, so being flexible and patient is vital.
What Kind of Court Can I Clerk for?
Interested in appellate litigation, academia, and living like a cloistered monk? Then a federal appellate clerkship may be for you! These clerkships are highly competitive positions focused on legal research and the intricacies of constitutional law. They tend to be more grade-sensitive than federal district courts. Meanwhile, federal district courts tend to be much faster-paced than their appellate counterparts. Clerks draft motions, attend status meetings and hearings, and generally gain more practical experience that can be easily translated to a law firm environment. Payne also explained that some clerks will opt to do an appellate clerkship for a year immediately after they complete a one-year trial court clerkship, enabling clerks to experience both settings.
Payne also encouraged us to consider state court opportunities, particularly state supreme courts for those interested in appellate litigation. Because the types of law clerks are exposed to during their clerkships vary wildly from what they may see in their legal practice afterward, clerking in a state court where you do not intend to practice is not a concern. Even if the state’s substantive law might not be translatable to your post-clerkship plans, the practical experience will be. Additionally, fifty states means fifty different universes of clerkship applications, all with their own deadlines and eccentricities—so there’s something for everyone.
Where Should I Clerk?
Lots of judges look for geographic ties, so if you’re willing to go back to your hometown for a year or two to clerk, those ties can go a long way. Some markets differ—New York and Washington, D.C., for example, tend not to require geographic ties because they understand why young lawyers are motivated to move there. Geography also influences hiring timelines. Payne said that virtually no clerks will be hired to clerk in D.C., NYC, or California immediately after their graduation because those jurisdictions know they can get experienced attorneys, and why would they bother hiring plucky law school graduates when they can get their hands on jaded third-year associates?
Another note on timelines: While there is a federal hiring plan in place that asks judges to wait until students have four semesters of grades before consideration, compliance with this protocol is weak—with only 60 percent of judges actually following it. So, some judges will start hiring clerks after 1L, and typically, conservative judges move quicker than liberal judges in considering and hiring candidates. But Payne reiterated that UVA does a good job of “getting ahead of the market,” so students hoping to apply only to liberal judges should not feel dissuaded by having to wait until 2L to begin their application process in earnest.
What Materials Are Required?
Simple: cover letter,[3] resume,[4] writing sample,[5] and three letters of recommendation.[6] And, if you’re lucky, an interview with the judge and/or his current clerks.
What Should I Be Doing Now?
If you’re applying this summer—likely to conservative, federal appellate judges—get in touch with Payne. Otherwise, concentrate on finals, because all things being equal, you will have more options with better grades. And make sure to monitor your health and wellness. This is a long-term process, and the more relaxed you can be in approaching it, the better.
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bwj2cw@virginia.edu
[1] DISCLAIMER: If you are a 1L interested in clerking who wasn’t able to make the session, I highly encourage you to reach out to Payne, who through her fifteen years of service at UVA Law knows about 1.7 million times as much information about judicial clerkships than this article can possibly contain.
[2] Though maybe this isn’t as obvious of a comment as I thought it was, judging by the handful of people who came in Day 1 of 1L fall thinking that landing a SCOTUS clerkship was going to be as straightforward as getting on the eighth-grade honor roll.
[3] Judges hate them, but thankfully, most clerkship cover letters can be short and sweet—and even replicate content from judicial internship applications.
[4] No special format required, just use whatever resume you’ve worked on with OPP or Public Service.
[5] Do not use anything from LRW if you apply after 1L. Use something self-edited either from your 1L summer job (with permission), from a higher level writing class, or from another faculty-mentored experience.
[6] Preferably from law school professors, or from relevant work or pro bono supervisors during law school.