Okay, so as I mentioned, I'm applying for clerkships for after graduation (and for some reason I only ever find the time/get inspired to work on this really late at night, which results in things like posting my half-written observations last night by mistake, or sending an application to one state judge in another state entirely. Oops.)
I'd been doing a lot of state clerkship applications, but in the last couple of nights I've been trawling through OSCAR, deciding to whom I should apply. (OSCAR is the federal government's online application system.) There are a bunch of factors to consider and it causes me some stress, setting my personal and professional goals at odds.
You see, federal clerkships are incredibly competitive. The chances are very good that I won't get one. But I'd really really REALLY love one, so I'm applying anyway. I'm just going into this recognizing that it may not pan out. I am a reasonble-ish candidate for the less competitive district courts (federal trial courts), but there are LOTS of reasonable-ish candidates, as well as lots of really great candidates. I probably don't have a chance in hell for a circuit courtship (federal courts of appeals), but I'm applying for a few anyway on the off chance that something about my resume speaks to someone - mostly to local judges who've actually hired from my school in the past. Besides, it's just postage. But I'm not holding my breath on any of those.[1]
Anyway, when my school's career office (along with everyone else I've ever seen) talks about applying for clerkships, they emphasize that the best way to have a chance is apply WIDELY. That you have a greater shot at a position if you're willing to apply all over the country, especially to judges in the less popular places to live.
Now, I think part of the reason my law school harps on this is because we are very local, not just by necessity but by choice. People come to my state and never want to leave, so when students are applying to clerkships, they tend to want to work in state only, and I think the career office would love it if they could develop some alumni networks out of state. But it's also true that applying broadly improves your chances of getting a position, and is necessary for probably everyone but those at the top of their classes in the top 5-10 law schools.
Of course, I hear all this, and I feel like I'm back in the damn academic job market, where you have to apply EVERYWHERE and ANYWHERE just to have a chance. This advice makes sense to me, strikes a chord based on my past experience, when I did, in fact, apply ALL OVER the country. So I trawl through OSCAR, and make lists and lists and lists of judges to apply to, and have to stop and remind myself that one of the reasons to go to law school was to end up in a profession that DOESN'T require me to move anywhere in the country just to stay employed. I have to tell myself that if I don't actually WANT to work in Indianapolis, or Akron, it's okay not to apply to judges in those places.[2] It's very very easy for me to assume that of COURSE I should put career goals (getting a particular kind of job) over personal happiness (living somewhere I like, let alone actually with my husband).
What complicates this all the more is that federal clerkship hiring is on a national timeline, according to which no judges may look at applications from 3Ls until a certain date, and may only contact people for interviews a week later. So it's not like you can easily apply to a few federal judges, see how you do, and then apply to more/different regions based on your level of success; you really have to apply at once to everyone you even think you might want to work for.[3]
So, basically, if you're like me (and probably most other clerkship applicants out there), you have a lot to obsess over.
But what I originally meant to write about in this post was some of the things that were amusing me as I trawled through OSCAR last night. Granted, some of them were probably funnier at 2 am than they are now. See, judges list their openings on OSCAR, and the vast majority just say what they want you to send, what class rank they want you to be, that generic kind of thing. But some judges add more specific information about the position, and these are some of my observations last night:
- one judge encourages "current law students, graduates, clerks, and practitioners" to apply. Which is lovely and all, but what I'm wondering is: who does this leave out??
- one judge requires you to be a non-smoker.
- given the demographic of most (especially federal) judges, when I come across someone named "Lynn" or "Kim," I should just go ahead and assume it's a guy.
- one judge warns that "only serious applicants should apply." I see a history of students from Yale-Harvard-Stanford turning down this judge's offers...
But I think this is my favorite:
- Applicant should be "aware of unique [region] culture. CHECK YOUR EGO AT THE DOOR." Allrighty then!
(I love seeing stuff like this. Most judges just list what grades and other honors they want you to have, so someone telling me something else about what they want is incredibly useful. As well as occasionally entertaining.)
[1]Just in case anyone is curious, this is how I decide on what judges to apply to: I don't even look at anyone in New York, D.C., Los Angeles, or Chicago (and their associated greater metro regions). Judges in those locations get applications from all the top students at all the top schools across the country; they're the most competitive positions around. Whether circuit or district, I don't have a chance.
If a judge is local, e.g. in my federal circuit, I pretty much apply even if I'm not within the class rank they say they prefer. I only pass if they explicitly say they require previous legal experience (that is, as a clerk or actual attorney, NOT as a student).
If they're outside my federal circuit, and it's a part of the world I have a real connection to (either I've lived there in the past or I have family there), I'll apply if I'm within 5-8% of the class rank they say they prefer, UNLESS they also say they prefer (1) previous legal experience, (2) candidates who have gone to school in the region, or (3) candidates who intend to practice in the region (and I can't make that argument very convincingly). The most prestigious circuit judges probably don't care as much about candidate's connections to the region because, like the top Ivy League schools in the academic market, they're at the top of the food chain and it goes without saying that people are willing to move for those jobs. District court judges, however, are often very committed to their local community and want to see why you are, too.
If they're outside my federal circuit and somewhere I think I'd like to live, I'll probably apply if I'm within 3% of the class rank they prefer. Where I dither is over non-local judges for whom I'm within the class rank they say they prefer but whose location does nothing in particular for me.
[2]Which is not remotely meant as an insult to those fine cities. I'm sure they're lovely, and I can think of many WORSE places to live. It's just that I've never set foot in either place, I have no connections to the region, and can't think of anything that would draw me specifically to live there as opposed to many other parts of the country.
[3]I exaggerate slightly here. There are judges who hire "off-plan," which means whenever the hell they feel like it, and I have applied to some of those. But you don't really know when they're hiring, even if you know they don't adhere to the deadlines, so you still don't get a ton of feedback. Plus, most of the off-plan judges I've appealed to are circuit judges, who are really out of my league, so not hearing from them doesn't tell me very much.



I'm going through this process too. It's been a nightmare, and I hear that first week when judges can start making calls is its own brand of crazy. But what can you do? I'm in your camp -- it seems like a dream job.
Posted by: David Schraub | Monday, August 02, 2010 at 08:28 PM
I hear you guys, this post sums up my thoughts and feeling of the whole clerkship debacle to a tee. It is an abolute nightmare that I cannot wait to wake from. What can you do?!
Posted by: law degrees | Thursday, August 05, 2010 at 08:21 AM
My father-in-law is a federal 9th circuit court judge, soon to retire. I've enjoyed your blog a lot over the years -- I think you're smart and interesting. If you think it'd help, I'm happy to put you in touch.
Posted by: Mary Mohanraj | Sunday, August 08, 2010 at 12:25 PM
Would you accept another long-distance marriage arrangement? Are you focusing on location over job?
Posted by: Dr Mac | Monday, August 09, 2010 at 09:22 AM
Wow that sounds stressful.
I really do had the vaguely hostile moralizing that some people feel the need to engage in, broadcasting to all serious legal scholars that they should "check their ego at the door."
That's ridiculous and off-putting.
Posted by: BrightenedBoy | Tuesday, August 17, 2010 at 12:44 PM
I'm sorry. I meant to say "I really do HATE the vaguely hostile moralizing." Today seems to be my day for typos.
Posted by: BrightenedBoy | Tuesday, August 17, 2010 at 12:47 PM