2009-10 Judicial Clerkship Handbook - Sandra Day O'Connor...

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Judicial Clerkship Handbook 2009-2010 1 1 Judicial Clerkship Handbook 2009-2010 Career Services

Transcript of 2009-10 Judicial Clerkship Handbook - Sandra Day O'Connor...

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Judicial Clerkship Handbook 2009-2010 1 1

Judicial Clerkship Handbook

2009-2010

Career Services

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Judicial Clerkship Handbook 2009-2010 2 2

CAREER SERVICES OFFICE STAFF

Ilona DeRemer Lydia Montelongo Assistant Dean Director [email protected] [email protected]

Samantha Williams Assistant Director Judicial Clerkship Advisor [email protected]

JUDICIAL CLERKSHIP COMMITTEE 2009-2010

Professor Andy Hessick, Chair Professor Adam Chodorow, Faculty Fellow

Ilona DeRemer, Assistant Dean for Career Services Samantha Williams, Assistant Director of Career Services

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TABLE OF CONTENTS 1. IMPORTANT DATES AT A GLANCE .................................................................................2 2. WHY CLERK? ................................................................................................................3 BENEFITS OF A JUDICIAL CLERKHSIP .............................................................................4

COMMON MYTHS DISPELLED……………………………………………...…………4 3. TARGETING PROMISING CLERKSHIP OPPORTUNITIES ................................................5

TARGETING A SPECIFIC TYPE OF COURT/OVERVIEW OF THE COURT SYSTEM ..................5 THE HEARSAY BOOK .............................................ERROR! BOOKMARK NOT DEFINED.8 ASSESSING YOUR STRENGTHS/QUALIFICATIONS .............................................................8 JUDICIAL EXTERNSHIPS ...................................................................................................8

4. RESEARCHING CLERKSHIP OPPORTUNITIES AND JUDGES ..........................................9 RESEARCH RESOURCES ....................................................................................................9 OUT-OF-STATE OPPORTUNITIES……………………………………………………… 10

5. THE MECHANICS OF A JUDICIAL CLERKSHIP APPLICATION.................................... 11 SAMPLE COVER LETTERS............................................................................................ 115 SAMPLE RESUME........................................................................................................... 17 REQUESTING A LETTER OF REC FROM A PROFESSOR ..................................................... 18 SAMPLE COVER PAGE FOR WRITING SAMPLE................................................................ 19

6. TIMING IS ESSENTIAL................................................................................................. 20 THE FEDERAL JUDGES LAW CLERK HIRING PLAN AND GUIDELINES ............................ 20 SUBMITTING YOUR APPLICATIONS ............................................................................... 21 OPPORTUNITIES LATER IN YOUR THIRD YEAR .............................................................. 22

7. PREPARING FOR THE INITIAL INTERVIEW................................................................. 24 8. THE INTERVIEW ....................................................................................................... 286 9. ACCEPTING THE OFFER ............................................................................................. 28 10. APPENDIX.................................................................................................................. 29

UNITED STATES COURTS............................................................................................... 30 ADDITIONAL WEBSITES FOR JUDICIAL CLERKSHIPS RESEARCH .................................... 31 PREPARING FOR JUDICIAL CLERKSHIPS: TIPS FOR STUDENTS SPENDING THEIR SUMMERS IN THE PRIVATE SECTOR ................................................................................. 32 ASU ALUMNI JUDICIAL CLERKSHIPS ............................................................................ 33 ASU LAW FACULTY JUDICIAL CLERKS ........................................................................ 40

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1. IMPORTANT DATES AT A GLANCE

March Research application deadlines for out-of-state clerkships with state court judges

and for federal judges who are not following the Federal Judges Law Clerk Hiring Plan. Apply accordingly. Use the “Vermont Law School Guide to State Judicial Clerkship Procedures”, the “Northwest/Rocky Mountain Consortium’s Judicial Clerkship Database” and the Judicial Yellowbook.

March – May Begin to prepare your application material based on your earliest application deadline. Ask for letters of recommendation.

May 18, 2009 OSCAR becomes available to students. If you are applying to federal judges who use OSCAR, you must register with OSCAR and in most cases begin to upload your application materials and request letters of recommendation through the OSCAR system.

Early-July ASU Judicial Clerkship Table will be available at the Career Services website with the most up-to-date information on clerkship opportunities with Arizona federal and state judges.

July – August Finalize your applications for all judges who are following the Federal Law Clerk Hiring Plan or who take applications in the summer.

Friday August 21* Deadline to submit your applications to the Career Services Office for Arizona federal and state judges who do not use OSCAR. These applications will be bundled and sent to the judges to be received by Tuesday, September 8, 2009.

Friday, Sept. 4** Express mail your applications to certain federal and state judges who follow the Federal Law Clerk Hiring Plan so that they are received by the judges no earlier than Tuesday, September 8, 2009. These include federal judges who are not taking applications through OSCAR and judges for whom Career Services is not bundling applications.

Tuesday, Sept. 8 First day when applications to federal judges who are following the Federal Law Clerk Hiring Plan may begin to accept applications. Career Services will have the bundled applications delivered to Arizona judges.

Friday, Sept.11 First day when judges following the Federal Law Clerk Hiring Plan may contact applicants to schedule interviews.

Thurs, Sept. 17 First day when judges who are following the Federal Law Clerk Hiring Plan may hold interviews and make offers.

October Not all judges extend offers in September. Offers may be made in October or later.

Remaining 3L year Not all judges hire before or during the regular judicial clerkship cycle. Some judges do not interview until late in the fall semester and some even interview during the spring semester. There is also the possibility a new judge may be seated on a court. Career Services will inform you of these opportunities as they come up. Continue to do your own research of clerkship opportunities with the resources mentioned throughout this handbook.

NOTE: *CLASSES BEGIN ON THURSDAY, AUGUST 20! ** MONDAY, SEPTEMBER 7, IS A HOLIDAY!

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2. WHY CLERK? Judicial clerkships are one of the most prestigious and sought-after positions available to recent law graduates. Nationally, approximately 10% of all law graduates get placed as local, state or federal clerks. Here at the Sandra Day O’Connor College of Law, over the past five years that percentage has ranged from 10% to 16% of the graduating class. The benefits of clerking are immeasurable; in fact, major law firms find them to be so valuable that many hold their associate offers open during the term and also give credit for that year towards the partnership track. Many of our current faculty have held clerkships at various level courts. Many students find clerking to be an excellent transition between law school and the real world by learning, for example, what consists of good writing and bad, and what types of arguments are persuasive to a judge. In addition, the experience obtained from a judicial clerkship makes a new attorney very marketable for post-clerkship employment, regardless of what area of law that attorney wants to practice!

GENERAL INFORMATION

THE FUNCTION AND ROLE OF THE LAW CLERK A law clerk is a lawyer employed to assist a judge with as many administrative, clerical, and basic legal tasks as possible, so as to leave the judge more time for judging and critical decision-making. The clerk has no statutorily defined duties. Instead, the clerk carries out the judge's instructions. In doing so, the typical clerk is given a broad range of duties. Clerks are usually assigned to do legal research, prepare bench memos draft orders and opinions, edit and proofread the judge's orders and opinions, and verify citations. Many judges discuss pending cases with their law clerks and confer with them about decisions. Frequently, clerks also maintain the library, assemble documents, serve as courtroom crier, and run errands for the judge. District court clerks also often attend conferences in chambers with the attorneys in a case. Other staff members also assist the judge. Generally, an appellate judge is authorized to employ three law clerks and two secretaries. Each district judge generally has two law clerks, a secretary, a courtroom deputy, and the services of a court reporter. Each bankruptcy judge has one law clerk and a secretary. Each magistrate has a clerical assistant and a secretary. With the approval of the magistrate's Committee of the Judicial Conference, a magistrate may employ a law clerk instead. Typically, judicial clerkships last one or two years. Some judges, however, employ “career clerks,” who work for the judge on a permanent basis. Most clerks are hired to assist a specific judge although some courts employ “floating clerks” to assist the judges. Judicial clerks play a significant role in the judicial process. Depending on the court, judicial clerks perform a variety of duties including advising the judge on the law, conducting legal research, drafting memoranda and opinions, and attending hearings and trials (trial-level clerkship) or oral arguments (appellate clerkship). Although the application process is not complicated, it takes thought and thorough planning. The Career Services Office can advise you on the application process and direct you to several useful resources.

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BENEFITS OF A JUDICIAL CLERKSHIP There are many rewards to a judicial clerkship. Advantages of a clerkship may vary depending on duties, which in turn depend on the type of court and the particular judge. Advantages may include:

• A hands-on look at how a judge makes decisions and conducts litigation.

• The ability to see what types of arguments persuade a judge and what policy concerns influence the law.

• Personal feedback from an expert (the judge) and a great opportunity to improve writing skills. Particularly important is learning what a judge wants and does not want to hear.

• An impressive addition to resume.

• An opportunity to experience a wide variety of legal areas, from constitutional law to civil rights to procedure. Clerks are also able to view the court from the vantage point of the decision maker.

• An opportunity to develop a lifelong relationship with one’s judge.

• Developing confidence in your own decision-making ability and legal knowledge.

• Exposure to many attorneys who practice in a geographic location of interest to the clerk. The exposure translates into contacts for future employment.

COMMON MYTHS DISPELLED

Myth: I need to be in the top 10% to even be considered for a clerkship. Fact: While it is true that many judges prefer candidates with law review experience and high class rankings, many judges have stated they like to look at the “whole student”. In other words, don’t think you cannot apply simply because you are not at the top of your class. Other characteristics judges like to see in their law clerks are: life experience; knowledge of specific practice area (e.g., government contracts, tax, bankruptcy, etc.); previous experience as a judicial intern/extern; maturity as an individual; ability to be a team player and exercise good judgment, strong organizational skills and a sense of inquisitiveness and collegiality. Myth: As a judicial clerk, I will be stuck at a desk researching and writing. Fact: Clerking can involve much more than just research and writing. Very often, clerks will attend judicial proceedings, settlement conferences, pre-trial conferences, oral argument and other interesting and valuable activities. Many judges also like to discuss cases with their clerks and seek input from them, resulting in the clerk having an influence in the judge’s decision. Previous clerks have also stated how invaluable it is to be able to observe what arguments are persuasive to a judge and to be able to review other attorneys’ work. Myth: Clerking will be a waste of time because I don’t want to be a litigator. Fact: Clerkships can be valuable to those looking at a transactional career because clerks learn to review and thoroughly analyze complex facts and laws. And the ability to issue spot in an efficient manor is paramount to success in any practice area. For corporate attorneys, having seen the consequences of a deal that unravels in litigation can help them structure better transactions. You should also know that many law firms perceive judicial clerkships to be significant achievements. In fact, many former law clerks find that the prestige and experience associated with service as a law clerk broadens their future employment opportunities.

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3. TARGETING PROMISING CLERKSHIP OPPORTUNITIES One of your first tasks should be to identify those clerkships that you think would best fit your needs and interests. There are hundreds of judicial clerkship opportunities varying by geographical location and type of court. It is up to you to narrow down the field to the ones that would work for you. The Career Services Office can assist you with the process. In order to target the clerkship that is best for you, you may want to consider the following three questions: What kind of court would most interest me? State or federal? Trial or appellate? Specialty court (e.g. tax, bankruptcy)? What geographical area should I target? What are my qualifications/strengths? The goal of the application process is to find a clerkship, not to flood every court in the nation with an application. Your odds are increased when you target your applications to courts that may hire you. For example, you may have a better chance of getting a clerkship with a United States magistrate judge, as opposed to a United States district court judge. Similarly, if you want to do an appellate clerkship, consider the Arizona courts or other state courts instead of, or in addition to, the United States Courts of Appeal.

TARGETING A SPECIFIC TYPE OF COURT

When choosing a court, applicants should consider two main factors: the type of court and the location of the court. It’s important to carefully research courts before applying. Applicants should not waste time applying to courts that they would not truly want to serve. This reflects poorly on the applicant (and judges do talk), and it reflects poorly on the applicant’s law school. Federal Courts: There are several different options when applying to a federal court. While there are differing levels of competitiveness, it is a generally accepted fact that all federal clerkships are extremely competitive. The following is a breakdown of the courts at the federal level: United States Supreme Court: These clerkship positions are obviously the most competitive. In fact, U.S. Supreme Court clerks are not hired while the clerk is in law school. In order to be considered for a clerkship with the U.S. Supreme Court, applicants must almost always have completed a clerkship at the federal Court of Appeals level. Certain courts, such as the Court of Appeals for the D.C. Circuit are considered most likely to lead to a U.S. Supreme Court clerkship. The credentials of individuals selected for such positions are almost always extraordinary. For more information on the U.S. Supreme Court, visit its website at www.supremecourtus.gov. United States Court of Appeals: The principal function of the clerk for an appellate judge is to research the issues of law and fact presented by an appeal. The clerk may be called upon to prepare a bench memo, to assist the judge in preparing the oral argument, draft an opinion pursuant to the judge's directions, or edit or cite-check an opinion written by the judge. Appellate opinions are frequently published and become precedent for all district courts in this circuit. In

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addition, although an appeal may be taken from any trial court final decision, and most judgments rendered after a trial on the merits or summary judgment are now appealed, the decisions of the federal circuit courts of appeals are often conclusive because the U.S. Supreme Court grants a percentage of the cases sought to be brought to it. Consequently, appellate opinions require comprehensive analysis and synthesis of the relevant existing decisions. There are thirteen federal appellate courts, including the Federal Circuit (hears appeals from the U.S. Claims Court, Patent, and Trademark Office, U.S. Court of International Trade and U.S. District Court in patent infringement cases), D.C. Circuit and First through Eleventh Circuits. These clerkships are incredibly competitive, although certain circuits are more competitive than others. The D.C. Circuit, the Second Circuit and the Ninth Circuit are generally considered the most competitive. For a map of circuits and links to circuit court websites, visit www.uscourts.gov/links.html. United States District Court (Federal Trial Courts): Like their judicial principals, district court court clerks perform a wider variety of functions than do appellate court clerks. The trial court is engaged in the process of fact-finding, including discovery and trial, and in the myriad details of the daily processing of litigation, including discovery disputes; settlement conferences; pretrial, trial, and post-trial motions; and sentencing in criminal cases. Trial court clerks have substantially more contact with attorneys and witnesses and are involved in many decisions made at every stage of each case. Most district court court opinions are not published, and most need not contain an exhaustive review of the relevant precedents, a trial court opinion has limited precedential effect, ordinarily only as persuasive authority, and an opinion is published only when the trial judge elects to send it to the companies that publish federal court opinions or maintain them in on-line services. On the rare occasion when the trial judge thinks it desirable, the trial court opinion may contain an exhaustive and detailed analysis of the state of the law, much like an appellate court opinion. Appellate courts may adopt a district court opinion when affirming the district court. There are ninety-four judicial districts across the country and several hundred active U.S. District Judges across the country most of whom have two law clerks. Law clerk duties include:

o Assist judges with pre-trial motions, conferences, hearings and trials; o Assist in court on day-to-day basis, observing trials and researching matters that arise during litigation; o Draft trial memoranda with synopsis of case’s issues; o Assist in details of daily processing of litigation including motion practice, discovery disputes or

settlement conferences; o Research for and drafting of memoranda, opinions, orders, jury instructions; o Extensive interaction with attorneys, witnesses, and to some extent, juries: result is daily exposure to a

variety of personality types and courtroom styles.

Magistrates - Duties vary depending on District Court. Magistrates hear pretrial matters such as bond hearings and motions; conduct settlement conferences; issue search and arrest warrants in federal criminal matters; and may try people accused of minor offenses when designated to do so by a district judge. Some hire clerks, however most magistrate judges in Arizona have career clerks. For a map of circuits and links to circuit and district court websites, visit www.uscourts.gov/links.html.

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United States Bankruptcy Court: Judicial clerks at the Bankruptcy Court are responsible for reviewing cases, writing memoranda of law and answering attorney questions regarding court procedures and policies. For a map of circuits and links to bankruptcy courts across the country, visit www.uscourts.gov/links.html. United States Tax Court: There are 19 judges appointed to the tax court each with approximately three judicial clerks. Clerks receive the experience of a trial court within the specialized field of tax. The Court's trials involve controversies regarding deficiencies in income, estate and gift taxes among other things. Students interested in positions should be sure to take and excel in tax courses and be ranked in the upper third of their class. Keep in mind that many clerks are hired while enrolled in an LLM Tax Program. For more information, visit www.ustaxcourt.gov. United States Court of Appeals for the Federal Circuit: This specialized court sits in Washington D.C. and handles primarily intellectual property matters. For more information, visit www.fedcir.gov. United States Court of Federal Claims: This court has 18 judges and approximately 19 law clerks. The judges hear cases dealing with suits against the United States. For more information, visit www.uscfc.uscourts.gov. United States Court of International Trade: This court has nine judges most of whom have two law clerks. The jurisdiction of this court is over civil actions against the United States arising from federal laws governing import transactions. For more information, visit www.cit.uscourts.gov. Special Courts Most judges in the special courts listed below employ clerks although qualifications vary and may include experience with another court or in practice.

Administrative Law Judges - The federal government employs over 1,000 judges in 28 administrative agencies who hear cases pertaining to their particular agency. Some have clerks.

U.S. Court of Military Appeals - three civilian judges review court martial convictions.

U.S. Court of Veterans Appeals - reviews decisions of the Department of Veterans Affairs. Arizona State Courts Arizona Supreme Court: Many students from the Sandra Day O’Connor College of Law have served as judicial clerks for one of the five Justices of the Arizona Supreme Court. Clerks are primarily responsible for reviewing the trial record, researching the applicable law and drafting legal memoranda and court opinions. Clerks also attend oral arguments before the court. For information on the Supreme Court of Arizona, visit www.supreme.state.az.us. For information on the Justices, visit www.supreme.state.az.us/azsupreme/justices.htm. Arizona Court of Appeals: There are 22 judges on the Arizona Court of Appeals: sixteen judges are located in Phoenix (Division 1) and six in Tucson (Division 2). Clerks are primarily responsible for reviewing the trial record, researching the applicable law and drafting legal memoranda and court opinions. Some judges select their clerks during the fall and some wait until the spring semester. For more information on the Arizona Court of Appeals, Division 1, visit www.cofad1.state.az.us, and for information on Division 2, visit www.apltwo.ct.state.az.us. Other State Courts ASU Law students can clerk at any state court in the country and are not limited to the Arizona state court system. The deadlines and procedures for individual state courts vary widely. To learn more about state courts across the country, visit the website for the National Center for State Courts at www.ncsconline.org/D_KIS. You can also research the timing guidelines for various state courts by visiting www.vermontlaw.edu. This is a password protected website which can be accessed through the Career Services Office website under Judicial Clerkships.

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THE HEARSAY BOOK

The Hearsay Book was developed by Career Services to provide clerkship applicants with specific information on Arizona federal and state judges. The information provided for each judge may include surveys from former ASU judicial clerks, published articles, and tips from faculty which can be used to determine, among other things, whether a student might be a good fit within a particular judge’s chambers. Used properly, the information can also give a leg up during an interview. The Hearsay Book may be found in the Career Services Office and may be reviewed by making an appointment with Samantha Williams at [email protected].

ASSESSING YOUR STRENGTHS/QUALIFICATIONS One factor to consider is your likelihood of being selected for a particular clerkship. The stronger your academic record, the more promising your chances of being selected by a higher court. By talking with a member of the faculty or a member of the Faculty Judicial Clerkship Committee, you should get a fairly good idea of your prospects. While it is true that there is no penalty for applying to courts that look for higher qualifications than you possess, by carefully targeting your efforts, you may increase your chances of being selected by a court that will be right for you. Keep in mind that, more often than not, students already posses many of the qualities sought by judges looking to hire a law clerk. While it is true that many judges prefer candidates with law review experience and high class rankings, many judges have stated they like to look at the “whole student”. In other words, don’t think you cannot apply simply because you are not at the top of your class. Other characteristics judges like to see in their law clerks are: participation on a journal (e.g., Law or Jurimetrics); life experience; knowledge of specific practice area (e.g., government contracts, tax, bankruptcy, etc.); previous experience as a judicial intern/extern; maturity as an individual; ability to be a team player and exercise good judgment, strong organizational skills and a sense of inquisitiveness and collegiality.

JUDICIAL EXTERNSHIPS

Consider strengthening your resume and increasing your chances for a clerkship by applying for a judicial externship while in law school, either in the summer or during the school year. You may apply for an externship early in each of the spring and fall semesters through the Student Services Office. To identify available judicial externships, consult the externship handbook, which is made available in the Student Services Office each semester. A judicial externship gives you a wonderful opportunity to show your abilities to a judge who will be hiring judicial clerks. Externs often perform many of the same duties performed by judicial clerks including legal research, preparing memos and drafting orders, writing draft opinions and stipulations, assembling documents, and reviewing motions, memoranda, briefs, and other documents submitted to the court.

Keep in mind that some judges hire their former externs as clerks!

Consider applying for a clerkship if you are not at the top of the class!

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4. RESEARCHING CLERKSHIP OPPORTUNITIES AND JUDGES

Successful clerkship applications require research. The following electronic databases are particularly helpful, links/addresses of which may be found below: ASU Judicial Clerkship Table; the Online System for Clerkship and Application Review (OSCAR); Northwest Rocky Mountain Consortium Judicial Clerkship Database; and the Vermont Law School’s Guide to State Judicial Clerkship Procedures. These databases can be accessed on through the Career Services website at www.law.asu.edu/CareerServices, by clicking on “Judicial Clerkships” under the “Current Students” menu, or through the websites indicated below. All databases will be updated by August 1, 2009.

RESEARCH RESOURCES

ASU JUDICIAL CLERKSHIP TABLE – 2010 TERM INFORMATION WILL BE AVAILABLE IN EARLY JULY www.law.asu.edu/CareerServices

The ASU Judicial Clerkship Table provides information on clerkships with the Ninth Circuit Court of Appeals, the U.S. District Court for the District of Arizona, the U.S. Bankruptcy Court in Arizona, the Arizona courts (supreme court and court of appeals), and some specialty federal courts. The database provides the judges’ addresses and the application materials requested and qualifications sought by the judges. Access this database at the Career Services website at the above address under “Judicial Clerkships.”

The ASU Judicial Clerkship Table provides the most up-to-date and accurate information on Arizona judges. We do our best to maintain an error-free and updated list of judges. Please note, however, that some errors are inevitable. For example, judges do not always notify us of any changes they make to the status of their clerkship opportunities and/or application requirements. Please bring any errors or changes to the attention of the Career Services Office.

ONLINE SYSTEM FOR CLERKSHIP APPLICATION AND REVIEW (OSCAR) - 2010 TERM INFORMATION WILL BE AVAILABLE ON MARCH 18, 2009 oscar.symplicity.gov

OSCAR is an online application system founded by a committee of judges and law schools, under the U.S. Administrative Office of the Courts. It was developed and is managed by a commercial entity, the Symplicity Corporation. OSCAR accommodates judges who choose to accept clerkship applications electronically, judges who want to receive only paper applications and judges who wish to advise applicants that they do not have a clerkship vacancy. (The ASU Judicial Clerkship Table also indicates whether Arizona judges will accept applications in paper form or through OSCAR.) Please note that the latest version of OSCAR will not be available until May 18, 2009.

Through OSCAR applicants can choose the judges to whom they will apply, upload their application material, and submit the completed applications to the judges. The applicant’s recommenders can also upload their letters of recommendation into OSCAR where they remain confidential. Federal judges can read, sort, and manage the applications online, and they can also download and print the applications.

Applicants should check OSCAR when researching clerkship opportunities to determine whether judges will be accepting applications electronically through OSCAR or via regular mail. If judges are accepting applications via OSCAR, they will not want to receive duplicate applications by mail. Therefore, avoid mailing duplicate applications to OSCAR judges by double checking your list of judges who will be receiving hard copy applications by mail. For more information on how to apply using OSCAR see the section entitled Submitting Your Applications on page 21.

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OUT-OF-STATE OPPORTUNITIES

If you are interested in applying for an out of state clerkship, you should first try and narrow down the list of states where you are interested in applying. Use the websites listed below to begin your search. These contain general information on the procedures for applying to judicial clerkships with any of the state courts.

VERMONT LAW SCHOOL 2009 GUIDE TO STATE JUDICIAL CLERKSHIP PROCEDURES

www.vermontlaw.edu

You may access the Guide at the Vermont Law School’s webpage listed above. Then click on “Career Services,” then on “Alumni,” and finally on “Judicial Clerkship Guide.” Select the “Access the Guide” option. Sign in when prompted with the username “maple” and the password “syrup”. You can also access the site through the Career Services website under Judicial Clerkships.

NORTHWEST/ROCKY MOUNTAIN CONSORTIUM’S JUDICIAL CLERKSHIP DATABASE www.law2.byu.edu/Career_Services/rocky.html

This database is updated and maintained by the Northwest/Rocky Mountain Consortium of law schools. It contains contact information, hiring criteria, vacancy dates and necessary application materials for numerous western state and federal court judges, including some specialty courts. Access the database through the above web address. Click on the ASU College of Law logo. Enter the database with the username “consortium” and the password “northwest.” You can search by judge, court, vacancy date and the state. NATIONAL CENTER FOR STATE COURTS www.ncsconline.org/D_KIS This page provides judicial branch links for each state, focusing on the administrative office of the courts, the court of last resort, any intermediate appellate courts, and each trial court level. Click “Court Web Sites” under the column entitled “Information Resources” on the right side of the page to link to state courts. Some courts list law clerks under employment opportunities.

Once you have reviewed the information on each state provided in these resources, you should then go to each state’s supreme court website to check for possible hiring information and identify which judges are hiring, verify hiring dates and confirm application materials. Keep in mind some states will have each judge’s clerkship application procedures clearly identified, but some will not.

If a state does not indicate adequate information, you can refer to the JUDICIAL YELLOWBOOK which may be found in the Career Services Library. The Yellowbook provides contact information for over 3,400 federal and state judges in federal and state appellate courts, including staff and law clerks and the law schools they attended.

For additional research resources for out of state clerkship opportunities, see page 31 of this Handbook.

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5. THE MECHANICS OF A JUDICIAL CLERKSHIP APPLICATION Judges are seeking law clerks with strong research and writing skills so everything you produce must be of professional quality and impeccably proofread. All of your application materials will be considered to be your writing samples. Judges receive many applications from highly qualified students, so it is essential that you prepare an application packet that makes you stand out.

PREPARING YOUR APPLICATION Typically, a judicial clerkship application includes a resume, cover letter, recent transcript, writing sample, and letters of recommendation. Some judges may ask for additional or less material but it is critical that you give the judge you’re applying to everything he/she requests. You should have copies of each item ready to go so that you can assemble your packets dependent on what is required. Cover Letter: The letter is extremely important because it is the judge’s first impression of your ability to write. The letter should be no longer than one page and should include the following:

o Year of graduation and year you wish to commence the clerkship o Names of recommenders o A brief (but customized) synopsis of your legal background with emphasis on any unique qualifications. o Why you want to clerk or why you are applying to a particular court/judge. o Out-of-state applicants would be wise to describe any connections to that particular geographic area.

For example, were you raised in that state? Is that where you received your undergraduate degree? Is that where you plan on taking the Bar and ultimately practicing law?

Avoid conclusory sentences which describe yourself as possessing “excellent research and writing skills” which do nothing to demonstrate your abilities. Instead, demonstrate your skills in those areas through examples of experiences that have developed those skills. Describe achievements, don’t just list attributes! The idea is to give the judge useful information with which he/she can evaluate you as a candidate. Take special care to properly address cover letters. Be sure to review and utilize the Judges Address database which is included on page 9 in this Handbook. It is extremely important you refer to the judge by his/her correct salutation (e.g., Justice McGregor, Magistrate Judge Smith, Judge Silver.) The cover letter should also be printed on the same high quality bond paper as the resume. A good example of a cover letter may be found on pages 15-16 of this Handbook. Resume: As with any job search, a high quality resume is a must. If you have not already done so, make sure that your resume is up-to-date and professional in appearance. Be sure to include the following:

o An emphasis on research/writing experience o Journal membership or moot court participation emphasized in the Honors section o Research Assistant/Teaching Assistant positions in the Experience section o Any judicial externship experiences, INCLUDING any that are forthcoming in the fall semester. This is

perfectly legitimate, so long as you use the future tense in describing your duties. You can use the description that is drafted in the Externship Handbook published by Student Services (which can be obtained from Carolyn Landry.)

o If you received a strong grade in a legal research/writing course, be sure to include that after your GPA and rank, if included.

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o Make sure to be specific in your job descriptions! Describe documents you prepared and specific issues you researched.

o Include an Interests section. This may seem silly, but clerks work very closely with judges, and to them fit is as important as credentials. You would be surprised how many times this section has prompted interesting conversation with the interviewing judge, which ultimately led to a job offer!

Letters of Recommendation: This is a critical component of the clerkship process, and one which must be considered far in advance of actually applying. Overall, the best approach is to ask recommenders who know you well and ask them for a recommendation letter prior to the end of the spring semester of your second year. Be prepared to discuss which courts/judges you are considering. Ask the recommender for any ideas about appropriate courts, as he or she may be able to assist you in targeting promising clerkship opportunities. Some judges prefer to receive letters from faculty or a supervising attorney, but a good rule of thumb is to have at least two faculty recommenders, preferably one from a legal writing professor. The best way to line up a faculty member for a recommendation is to: 1) write a paper for that faculty member; 2) work for that professor as his/her research or teaching assistant; 3) take a small, seminar class or clinic course. Simply because a certain professor gave you a good grade does not mean that you automatically should request a letter from him or her. A professor cannot be expected to write a good letter if you received a “90” but never came to class or interacted with the professor outside of office hours. Be prepared to discuss your law school performance with each recommender. If your grades in certain areas are not stellar, be prepared to highlight other experience—such as moot court or a clinic—which would help to write a supportive letter. Give your recommenders a copy of your resume and writing sample for review. See a sample request letter of recommendation on page 18 of this Handbook. If you’re planning on applying to several federal judges who use the OSCAR system, it’s a good idea to provide two Excel spreadsheets to your recommenders (or their assistants) because they will need clear direction as to where each letter should be sent: For example, should the letter be uploaded into OSCAR, sent directly to the judge, or sent to the Career Services Office? One spreadsheet should contain data for all the non-OSCAR judges to whom you are applying along with an indication if the letter should be submitted to the career services office or mailed directly to the judge, and the other will have data for all of your OSCAR judges. With respect to outside recommenders (employers, etc.) who will need to upload their letters into OSCAR, make sure that they understand the process and deadlines for uploading their letters. OSCAR allows you to check on the status of your recommendation letters, so it’s a good idea to check on how many outstanding letters you have as you drift closer to the application deadline. Also consider the key attributes that judges look for in a law clerk:

o Ability to think and reason o Recognize/analyze legal issues o Express yourself orally/in writing o Complete assignments on time o Team player (plays well in the sandbox) o Address complex facts/legal doctrines o Juggle many projects simultaneously o Articulate and defend your positions o Works well under pressure.

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Now that you know what characteristics judges are seeking in a clerk, consider whether your recommender knows you well enough that he/she can speak to your qualifications. It’s, therefore, a good idea to simply ask your recommenders whether they feel they know you well enough to write a strong recommendation. That way, the recommender has an “out”, and you don’t get stuck with a luke-warm recommendation. Don’t forget about your judicial externship judges! There is absolutely nothing wrong with asking a judge you externed for to write you a letter of recommendation, even if it’s for the same level of court to which you’re applying. Remember that a letter from a well-known figure may carry a great deal of weight, but not if that person does not know the applicant and cannot truly comment on his or her ability. Finally, avoid letters of recommendation written "To Whom it May Concern". Writing Sample: Most courts request a writing sample in the initial clerkship application. An ideal sample showcases your ability to analyze complex legal issues, explain legal doctrines and defend conclusions. The best sample is one that demonstrates your ability to analyze and to view a case from all perspectives. Lastly consider using a sample that addresses both legal and factual questions. Judges will want to evaluate how well the sample is structured in addition to the analysis. Conforming to page limits: The average sample length is 5–10 pages. This length applies unless the judge indicates a specific page count in the posted hiring guidelines. If your sample is too long (longer than 10 pages or longer than the length requirement imposed by the judge) then consider amending the document by doing the following:

o Decreasing the font size to 12-point o Change the spacing to 1 ½ or single-spaced o Include the Discussion portion only

Comments from legal writing professors: Generally speaking, legal writing professors are comfortable giving general advice but not editing the writing samples. (Your best option is to ask your legal writing professor for suggestions on what sample to use.) Samples for different courts: Consider using a Journal article for Circuit courts and Supreme Courts because those types of articles are more apt to highlight the intellectual side of the applicant. It also allows an applicant to be clear that he/she is published, which is a great thing to highlight in an application. Memos written during second-year summer employment are also a good option for lower levels of court such as state courts of appeal, so long as the memo exhibits qualities of a good writing sample: high level of legal analysis (ex: case of first impression); thoughtful; insightful; concise. Permission/disclosure: It is absolutely imperative that you receive permission from your employer before using your work product as a writing sample, regardless of whether or not it was made public (e.g., judicial opinion, a motion filed with the court). Cover page: Lastly, your sample should have a cover page identifying you and the work you are submitting. The cover page should include:

o Brief background (“this is a memorandum prepared for a summer employer”; “this is a brief assigned as a first semester writing project”)

o Summarize facts. This is especially true if you had to omit pages in order to conform to the page limit. Omitting the statement of facts is a good way to knock off a few pages, because you can summarize the salient facts in one paragraph in the cover page.

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o Some judges require the sample to be unedited (draft law review article, seminar paper, etc.) so make sure to note that as well.

o Note that the sample is used with the employer’s permission (where applicable.) See sample language for a writing sample cover page on page 19 of this Handbook. Transcript: Some courts require an undergraduate transcript in addition to the law school transcript. An unofficial law school and undergrad transcript are adequate unless an official copy is requested. As of October 19, 2007 the law school no longer produces transcripts. Students can request an official transcript at the ASU Interactive site, https://www.asu.edu/go/studentcenter/. Official transcripts can be picked up at the University Registrar’s office in the Student Services Building or the official transcript can be mailed. There is a $10 processing fee for each official transcript ordered. Students can use the same ASU Interactive site to print their unofficial transcript at no charge. When submitting applications via OSCAR, you must produce a transcript in grade sheet form. See page 21 of this Handbook for information on producing and submitting grade sheets through OSCAR. How to Address Justices and Judges In Your Correspondence:

Address Address on letter & envelope Salutation Federal Courts

U.S. Court of Appeals

Chief Judge Honorable (full name) Chief Judge, United States Court of Appeals

Dear Judge (surname):

Judge or Senior Judge Honorable (full name) United States Court of Appeals Address

Dear Judge (surname):

U.S. District Court

Chief Judge Honorable (full name) Chief Judge, United States District Court

Dear Judge (surname):

Judge or Senior Judge Honorable (full name) United States District Court

Dear Judge (surname):

State Courts State Supreme Court

Chief Justice Honorable (full name) Chief Justice, Supreme Court of the State (Commonwealth) of (state name) Address

Dear Justice (surname):

Justice Honorable (full name) Supreme Court for the state (Commonwealth) of (state name) Address

Dear Justice (surname):

Other State Courts

Chief Judge (Appellate Courts) Presiding Judge (state trial courts)

Honorable (full name) Chief Judge/Presiding Judge (Court) Address

Dear Judge (surname): (Appellate courts) Dear Judge (surname): (state trial courts)

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Sample Cover Letter for Judicial Clerkships

Your Address City, State, Zip Telephone Number (optional) Date

Inside Address (See handout re: how to address Justices and Judges) Street Address City, State Zip

Dear Judge Brown:

Your opening paragraph should arouse interest on the part of the judge. Tell the judge why you are writing the letter. Give information to show your specific interest in the clerkship.

The second paragraph should tell, in brief terms, your academic and/or professional background. Be specific but to the point about the kind of experience and background you have. Always qualify statements with examples.

Your middle paragraph(s) should create desire by relating your experience to the clerkship you are interested in. Give details that will show the judge why you should be considered as a candidate. Cite specific examples of your qualifications. Refer to your resume or other material. Use as much space as needed to tell your story, but keep it to the point.

In your closing paragraph, ask for action. Ask for an appointment suggesting a time when you will be free. A positive request is harder to ignore than a vague hope.

Very Truly Yours,

(Signature)

Your Name, Typed

Enclosure(s)

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Sample Cover Letter for Judicial Clerkships 2340 Broadway Avenue Tempe, AZ 85287 September 1, 2009 The Honorable Rebecca Berch Supreme Court of Arizona 1501 W. Washington Phoenix, AZ 85007-3329 Dear Justice Berch: Last March I was fortunate to have had an opportunity to hear you speak at a Sandra Day O’Connor College of Law Judicial Clerkship Panel. Your presentation led me to believe that clerking would be a wonderful experience and it would be an honor to serve as your judicial clerk. Please accept my application for the 2010 term. I am a lifelong resident of Arizona and plan to take the Arizona bar and practice in the state. [OR, if applying to an out of state judge, “As a native Texan, I am particularly interested in returning home to clerk.”] I am particularly interested in the area of commercial litigation. I took Secured Transactions last year and am now enrolled in Securities Regulations and International Investments & Structures. My experience clerking for a law firm last summer in its corporate and litigation sections enhanced my knowledge of those practice groups and reaffirmed my career goal to work in the area of international law with an emphasis on international commerce. Not only have I excelled academically, but I have been an active participant in a number of extracurricular activities both in and outside of law school. My legal research and writing skills are strong, and I am currently Editor of the Arizona Law Journal with primary responsibility for final manuscript review and personnel management. My participation and success in various moot court competitions resulted in my appointment to the College of Law Moot Court Board And my work as a volunteer for the ASU Victim’s Assistance Program has provided me with a great deal of client interaction and a real sense of satisfaction that I have contributed to our legal community. I feel that my combination of skills and academic training would allow me make an immediate contribution to the work performed in your chambers. You will be receiving letters of reference on my behalf from Professor Benton, Professor Clark, and my supervising attorney at Campbell & Schultz. Please let me know if I can provide you with additional information. I am available at your convenience for an interview. Thank you for your consideration. Respectfully, Student Name Enclosures

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Sample Resume 1100 S. McAllister – Tempe, AZ 85287 -- 480-727-7092 – [email protected]

Education Sandra Day O’Connor College of Law, Arizona State University, Tempe, AZ J.D. Candidate, May 2010

GPA ____, Rank: Top 33% Legal Research & Writing Grade: 93 Honors: Jurimetrics: The Journal of Law, Science & Technology, Articles Editor College of Law Scholarship Publications: First Name & Last Name, Note, Sykes v. Glaxo-SmithKline: Testing the Boundaries of

Federal Preemption, 49 JURIMETRICS J. 91–112. Activities: Student Bar Association, Treasurer Homeless Legal Assistance Project, Director

Northwestern University, Chicago, IL B.A., English Literature, May 2003, cum laude

Honors: Dean’s List Activities: Intercollegiate Varsity Soccer – 1997-2000 Professional Experience Snell & Wilmer, Phoenix, AZ Summer Associate Summer 2009 Drafted pleadings and memoranda in areas of intellectual property, commercial litigation, white-collar crime, and bankruptcy law. Observed depositions, Markman hearings, and arbitrations. Offered Associate position. Sandra Day O’Connor College of Law, Arizona State University, Tempe, AZ Fall 2008-Spring 2009 Legal Research & Writing Teaching Assistant – Prof. Judy Stinson Aid 1L research and composition of assigned legal memoranda. Support 1L preparation for an oral argument. Attend planning meetings with the professor and the other TA to maximize academic support. Arizona State Court of Appeals, Division One, Phoenix, AZ Legal Extern, The Honorable Patricia K. Norris Summer 2008 Drafted memoranda and rulings on topics including the necessity of wiretaps and the admissibility of Battered Child Syndrome expert testimony. Observed settlement conferences and a three-week criminal trial. Transco Energy Company, Chicago, IL 2003--2007 Managed production of over 30,000 documents in connection with pipeline acquisition. Oversaw a three-person team responsible for accurately categorizing, cataloging, and copying documents. Worked closely with in-house and outside counsel and handled information requests. Foreign Languages Fluent in Spanish. Limited proficiency in Arabic. Interests Scuba diving, reading 18th century French poetry, hiking, cooking Thai cuisine.

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Requesting a Letter of Recommendation From A Professor

August 1, 2009 Professor James Brown Arizona State University College of Law Tempe, Arizona 85287-7906 Dear Professor (or Mr./Ms. if an attorney) Brown: Thank you for taking the time to talk with me regarding my judicial clerkship application. I appreciate your willingness to write a letter of recommendation for me. I have included a copy of my resume and transcript for your reference. [Suggestions of what the letter might include] If professor: Note grade received in class and its correspondence to range of grades given (e.g. 2nd or 3rd highest grade, etc.) Discuss writing skills – if paper was written Discuss quality of class comments Discuss perception of how you interact with classmates If attorney/employer: Discuss quality of writing skills Discuss ability to work with co-workers/clients, if applicable Discuss work habits [Instructions on submitting the letters of recommendation] If applying to Arizona judges: The Career Services Office is collecting applications for Arizona judges. I am applying to the following Arizona judges: __________, ___________, and ___________ (etc.). Letters of recommendation for these judges must be sent to the Career Services Office by August 21, 2009. If applying through OSCAR: I am (also) applying to federal judges who will be taking applications through OSCAR. You will receive an email invitation from OSCAR with a password for you to login into OSCAR and upload your letters of recommendation. I have been informed by Career Services that faculty assistants are familiar with OSCAR and that Career Services can answer any questions about OSCAR. If mailing applications on your own: My goal is to send out my application packets by ________, and I would appreciate it if you could return your letters to me, in separately sealed envelopes, before that date. Again, I appreciate your taking the time to write these letters. If you need any more information or have any questions, please feel free to give me a call. Thank you. Sincerely, Steven Student Adapted from sample letter received from Gonzaga University.

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Sample Cover Sheet for Writing Sample 1

WRITING SAMPLE Jane Applicant PO Box 906877

Tempe, AZ 85281 As a summer associate at Brown & Brown, LLP, I prepared the attached memorandum for a pro bono assignment in the litigation department. The memorandum examined whether the fees charged by commercial tax preparers for “instant refund loans” would violate the state usury laws in Arizona, California, and Utah. To preserve client confidentiality, all individual names and locations have been changed, and some portions have been redacted (as indicated in brackets in the text.) I received permission from my employer to use this memorandum as a writing sample. Sample Cover Sheet for Writing Sample 2

WRITING SAMPLE

Jane Applicant PO Box 906877

Tempe, AZ 85281 The attached writing sample is an excerpt from a brief submitted for the ASU Moot Court competition. The case involved a challenge to the Arizona sex offender registration statute.* The questions presented for competition were: 1. Does Arizona’s sex offender registration law implicate an offender’s liberty interest by listing offenders in an undifferentiated registry? 2. Does Arizona’s sex offender registration law, on its face or as implemented, impose punishment for purposes of the Ex Post Facto Clause of the U.S. Constitution? *The first paragraph would also be the appropriate place to summarize any facts in the case necessary to understand the argument, instead of including a lengthy statement of facts.

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6. TIMING IS ESSENTIAL The timing of applications is critical. After you have successfully targeted an opportunity, be sure to keep in mind that: 1) you must apply in time to be considered; and 2) that faculty members must have sufficient time to complete their recommendations.

THE FEDERAL JUDGES LAW CLERK HIRING PLAN The Federal Judges Law Clerk Hiring Plain (“Hiring Plan”) was developed in an attempt to bring some consistency to the timing of clerkship applications. The Hiring Plan provides that the hiring of law clerks for federal (and some state) judicial clerkships will not be done earlier than the Fall of the third year of law school and that the focus of law clerk hiring will be on third-year law students and law graduates. Many federal Appellate Courts, District Courts (including Magistrate, Bankruptcy and Specialty Courts) and some State Supreme Courts have agreed to follow the Hiring Plan. Most federal judges sitting in Arizona and the Arizona Supreme Court and Arizona Court of Appeals judges have also agreed to follow the Hiring Plan. The Hiring Plan provides that applications from third-year students (for federal judges following the Hiring Plan) may not be received before Tuesday, September 8, 2009 at 10:00am EDT, which is 7:00am Arizona time. The Hiring Plan does not apply to applicants who have graduated from law school. Therefore, judges may interview and hire law school graduates at any time.

Critical Dates Under the Law Clerk Hiring Plan for September 2009

Event Fall 2009 First date when applications

may be received: Tuesday, September 8, 2009

(OSCAR release: 10:00 a.m. (EDT)) First date and time when

judges may contact applicants to schedule interviews:

Friday, September 11, 2009 10:00 a.m. (EDT)

First date and time when interviews may be held and

offers made:

Thursday, September 17, 2009 8:00 a.m. (EDT)

A full description of the Hiring Plan can be found at www.cadc.uscourts.gov/internet/lawclerk.nsf/Home?OpenForm.

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SUBMITTING YOUR APPLICATIONS The manner in which you submit your applications to judges may vary. You may have to submit your application (1) through the Career Services Office, (2) the Online System for Clerkship Application and Review (OSCAR) or (3) by regular mail. To determine how each federal judge accepts applications, see the Application Timing Guidelines section on page 22. OSCAR and Federal Court Applications: The Online System for Clerkship Application and Review (OSCAR) is a paperless system used by many federal judges to accept clerkship applications. Many federal judges will accept clerkship applications only through OSCAR; in other words, they do not want and will not accept paper applications. The latest version of OSCAR will be available to law students on May 18, 2009, at which point you will be able to register and begin the preparation of your online clerkship applications. Visit the website at https://oscar.symplicity.com. If you are interested in OSCAR judges, you must apply through the online system. Student applications in OSCAR will be available to judges at the same time as paper applications, the day after Labor Day. To get started in OSCAR, you will have to (1) register and create your profile; (2) upload a resume (a draft is appropriate initially and can be replaced later); (3) select your judges and place them in one or more folders; (4) designate your recommenders; and (5) click on “view” for each judge, one-by-one, and create an application for each one by attaching a resume and designating from the dropdown menu the recommenders whom you wish to write letters to that judge. OSCAR provides an online Applicant User Guide for assistance with the process, and Samantha Williams in the Career Services Office can answer additional questions you may have. All of your application material (cover letter, resume, writing sample and transcripts) must be in Adobe Acrobat .pdf format in order to upload. The applicants will also have to identify their recommenders, and OSCAR will provide the recommenders with login information for them to upload the letters of recommendation on behalf of the applicant.

Note on transcripts submitted via OSCAR: The transcript must be in the form of a grade sheet, which is a typed reproduction of your transcript. You will have to type the grade sheet yourself to upload it as part of the application material in lieu of an original copy of your transcript. The judges may request applicants forward an original transcript via mail/e-mail as well. A sample of and a template for a grade sheet are available at the Career Services website under the OSCAR section of the Judicial Clerkships menu: https://www.law.asu.edu/CareerServices.

Career Services submission: For all Arizona judges (federal and state) following the Federal Judges Law Clerk Hiring Plan, Career Services will collect your clerkship applications, including your letters of recommendation. These applications will be bundled and delivered to the judges as part of a Sandra Day O’Connor College of Law package. To ensure that your application is submitted as part of the College of Law package, you must adhere to the timeline found on page 22 of this Handbook. Do not submit a hard copy application to Career Services for federal judges in Arizona accepting applications though OSCAR. U.S. Mail submission: For federal judges who do not accept applications via OSCAR and for judges from out-of-state courts, applicants must individually submit their applications by mail following the particular judge’s or court’s application instructions. Since not all federal judges follow the Hiring Plan, you should confirm the date by which the judge will accept applications. Also, many state courts hire during the applicant’s second year. As with the federal judges, confirm the state judges’ application acceptance date. It is recommended that you express mail your application packets to ensure timely delivery.

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TIMELINE

Friday, August 21, 2009 - Career Services Drop Day: Deadline to submit all Arizona (federal and state) clerkship applications to the Career Services Office. This includes applications to Ninth Circuit Court of Appeals, District, Magistrate, Bankruptcy, Arizona Supreme Court and Arizona Court of Appeals judges. Letter of recommendation can be submitted by the recommenders directly to the Career Services Office. These applications will be bundled and delivered to the judges on Tuesday, September 8, 2009. Double check your list of judges for Arizona federal judges who are accepting applications through OSCAR. Do not submit hardcopy applications to Career Services for judges who are accepting applications through OSCAR.

Friday, September 4, 2009a: Express mail deadline: Students may express mail paper applications to non-Arizona federal and state judges who are adhering to the Hiring Plan so that the applications are received no earlier than Tuesday, September 8, 2009. Tuesday, September 8, 2009, 7:00am MST: OSCAR deadline: All application materials must be uploaded into the OSCAR system.

APPLICATION TIMING GUIDELINES: Federal Judges: (Federal appellate, district, magistrate, and bankruptcy judges) Many federal court judges will follow the Hiring Plan described above. However, there will be other federal court judges who will hire before the Hiring Plan deadline, during the applicant’s second year. To determine if a federal judge is hiring and his or her application deadline, check the OSCAR website at oscar.symplicity.com. For a definitive answer you may also call the judges’ chambers directly. State Supreme and State Appellate Judges: The time to apply for Arizona State Supreme and State Appellate judges is on the same timeline as the Hiring Plan outlined above. Many other state courts, however, hire in the second year, so you must do your own research using www.vermontlaw.edu. This is a password-protected site which may be accessed through the Career Services Office website. Also keep your eye out for clerkship opportunities posted through the Career Services Office.

OPPORTUNITIES LATER IN YOUR THIRD YEAR Later in your third year, some state trial court judges are still hiring. Unexpected appointments, departures, and budget allocations may open additional clerkship positions in other state and federal courts. New judges are appointed routinely and every newly appointed judge needs clerks immediately. New appointments can be found on web sites such as: www.uscourts.gov/employment/vacancies.html, the University of Michigan’s www.law.umich.edu/currentstudents/careerservices/Pages/nomdb.aspx, Yale’s federal judicial nominations page www.law.yale.edu/outside/scr/library/nom/index.asp, and the Senate nominations page www.senate.gov/pagelayout/legislative/one_item_and_teasers/nom_confc.htm. As a 3L, you may also consider applying for a clerkship that will begin a year after you graduate and spend the interceding year in a fellowship or special program.

a Note that Monday, September 7, 2009 is a national holiday (Labor Day).

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Staff attorney positions are available in each U.S. Court of Appeals and some state courts, including the Arizona Supreme Court and Court of Appeals. Staff attorneys analyze and evaluate cases before they are assigned to a specific judge. These attorneys work for the court as a whole and become well acquainted with all court personnel. Some courts hire staff attorneys for one-year terms and others hire staff attorneys for an indefinite period of time. Some federal circuit courts and all of the federal district courts hire attorneys to review actions brought by litigants who do not have representation. These pro se staff attorneys review the merits of pro se claims, recommend a disposition, and assist the litigants with civil and criminal procedures.

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7. PREPARING FOR THE INITIAL INTERVIEW As with all job interviews, preparation is essential.

THE JUDGE

Know the judge to whom you are applying! Do your research on the judge before the application stage so that you are prepared to discuss his/her decisions on recent cases. At a minimum, reread the judge’s biographical information. Find out if the judges have written any law review articles and read them. This way, you will be prepared to discuss the judge’s opinions and explain why you are comfortable with her or his approach to deciding cases. If possible, talk to individuals or former clerks who know the judges. Past clerks are an excellent source of information about the interview and selection process, the judge, and the relationship the judge has with clerks. Time permitting, look at the judge’s opinions in Westlaw/Lexis search for opinions in the last year (if it’s too far back, judges might not remember them, especially district judges, who write so many). For appellate judges, look for dissents, since those are more likely to reflect the judge’s personal style and philosophy. Search in a news or legal periodical database for articles or speeches by (or about) the judge. Read the morning paper before your interview, especially if you’re in a new city. Be sure to review the Hearsay Book before interviewing! The Hearsay Book was developed to provide clerkship applicants with specific information on Arizona federal and state judges. The information contained on each judge can include surveys from past clerks, published articles, and tips from faculty which can be used to determine, among other things, whether a student might encounter a good fit within a particular judge’s chambers. Used properly, the information can also give a leg up during an interview. The Hearsay Book may be found in the Career Services Office and may be reviewed by making an appointment with Samantha Williams at [email protected]. Attend the Clerkship Panel and mock interviews that will be held in the fall, soon after the application deadlines. The Clerkship Panel is a presentation given by former clerks from various courts which offers tips and advice on interviewing and information on specific judges.

KNOW YOURSELF

Keep in mind the fact that securing an interview means they decided you’re capable of doing the work—now they want to find out how you’ll work within the character of the chambers; in other words, if you’re a good “fit”. The judge is primarily interested in determining whether you are the person with whom he or she prefers to work. Be prepared to articulate why you want to clerk, why you applied to that judge and what your career plans are after clerking. Practice specific, concise answers to questions that you can anticipate being asked. See Possible Interview Questions on page 26 of this Handbook. You must know your resume perfectly, and be prepared to say something about every item on it, no matter how old or how small. Know your writing sample perfectly—it’s the most likely source of substantive questions, so think about responses and counterarguments. Know your transcript perfectly, as silly as that may sound—you might get asked about a course, or some unintelligible abbreviation.

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Everyone in chambers is interviewing you, whether or not they act like it—be respectful and good-humored with everyone. Interviews typically are not focused on substantive legal knowledge. Even if you get a substantive question, the purpose is not really to be “right,” but to show how you can think on your feet. This interview is just as much an opportunity for you to assess the judge and the chambers as it is for the judge to assess you—if you walk out unhappy, call and withdraw your application. Equally important, be sure you have an agenda of points you would like to convey to the judge, such as your research and writing ability, analytical skills or ability to work well on a team. Use those points in answering questions. For example, if the judge asks you about law school, you can take that opportunity to talk about one of your research and writing projects. Similarly, when answering specific questions about work experience, you can discuss the substance as well as your participation on and contribution to a team effort.

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8. THE INTERVIEW Some common-sense interview reminders are to get there a little early, if possible. Be attentive to the other office staff. Dress professionally and conservatively. Interviews vary widely from court to court, and from judge to judge. The interviews can range from an hour to a half-day. Judges often rely on his or her clerks to find out what you’re “really” like by talking with you informally, so don’t let your guard down completely with the clerks. You may also spend some time with other staff members, such as the judge’s secretary so it’s important to be polite to EVERYBODY. Treat every interaction with everyone in chambers as part of your interview because they often have a great deal of input into the hiring process, and you will be working very closely with the secretary and staff if you are hired. More than one promising clerkship candidate has been derailed by a careless remark. If you have a strict schedule that day (e.g., two interviews or an early afternoon plane), make sure the chambers’ staff knows about it ahead of time; it’s also okay to politely reconfirm with the judicial assistant, or with the clerk who is coordinating interviews, when you arrive. Think ahead of time about a couple of questions to have ready for the clerks (or the judge, though this is less common).

Questions a Judge Might Ask a Judicial Clerkship Applicant: 1. Why do you want to clerk? 2. Why this particular court? Why me? 3. What do you hope to learn from a clerkship? 4. Why do you want to clerk in this city (state, region)? 5. What do you consider to be your greatest strengths? Weaknesses? 6. What qualities do you have that might make you a valuable law clerk? 7. What are your short-term/long-term legal career goals? 8. Do you plan to take the (state) bar exam and/or practice in this state? 9. Where (location/type of employer) do you hope to practice after your clerkship? 10. What type of law interests you most? The least? 11. Describe the work you perform for your law review. 12. What have you learned from participation on law journal or in a moot court or clinical program? 13. Why aren't you on law journal? 14. To which judges (courts) have you applied? 15. How would you approach this particular issue, cases, and problem? 16. Do you prefer to work with others or independently? 17. How do you view the long hours and low pay associated with a judicial clerkship? 18. If you and I disagree about a certain issue, would you have any problems drafting an opinion

incorporating my viewpoint? 19. What interests do you have outside of law school? 20. What questions do you have for me?

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Questions to Ask Judges 1. What criteria do you use in selecting your clerk? 2. What will be the scope of my responsibilities? 3. What is the nature of your docket? 4. What is your timetable for making a decision? 5. Do your clerks have contact with local attorneys? 6. Describe your legal philosophy. 7. What do you see as the primary role of this court? 8. What percentage of my time would I spend in court, conducting research, drafting opinions? 9. When do you prefer your clerks to look for permanent jobs?

Questions to Ask the Current Judicial Clerk 1. Describe a typical week as a clerk in this court. 2. What responsibilities do you have? 3. Describe your relationship with the judge. 4. What are the judge's greatest strengths? Weaknesses? 5. What contact do you have with the other clerks (with practicing attorneys in the area)? 6. Tell me about this city (state, region) as a place to live. 7. How has this clerkship affected your job search? 8. How has this clerkship affected your career goals? 9. What percentage of time do you spend in court, conducting research, drafting opinions,

interacting with the judge? 10. What criteria seem to affect the judge's selection of a clerk? 11. What type/how much feedback do you receive from the judges?

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9. ACCEPTING THE OFFER During your interview, ask about the judge’s timetable for making a final decision, even though you many have inquired about it when you scheduled your interview. Some judges extend offers at the end of the interview. Others notify candidates by telephone. Still other judges may ask you to call them before accepting another clerkship. Once the interview process begins, offers and acceptances occur rapidly. It is common to receive an offer on the same day as or the day after your interview. Be aware that some judges make offers as they interview. In that case, your interview invitation may be withdrawn if other applicants accept offers prior to your interview time. The amount of time that you will be given to respond to an offer will likely be short or even nonexistent. Some judges give “exploding” offers, requiring a response immediately or within a very short time. It “explodes” because you risk having the offer rescinded if the judge offers the position to another candidate during the time it takes you to accept. A clerkship offer is not a trivial decision and may not be a quick one. If you need time, ask for the amount of time that you need and be prepared to explain the reasons for your request, such as the need to speak with your significant other. If your request seems reasonable and does not appear to be an attempt simply to string along the judge until you receive a better offer, many judges will cooperate. In any event, the enormous pressure to decide quickly means that you cannot compare offers or postpone a decision until you hear from all the judges to whom you have applied. You need not accept the first offer that you receive; however, many students accept their first offer rather than run the risk that another, possibly preferable, offer might never come. One very effective strategy that many students have utilized is to schedule interviews in the order of interest, whenever possible. For example, if your first preference is clerking for the federal district court, schedule your interviews with that court at the earliest possible option given. In no case should you ever accept an offer and later rescind your acceptance. Remember, your treatment of the judge will not only impact your own reputation but also the efforts of future ASU applicants.

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10. APPENDIX

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UNITED STATES COURTS

FEDERAL

TRIBAL STATE

Federal Adminstrative

Court

U.S. Court of Appeals

U.S. Supreme Court

U.S. District Court

Tribal Trial Court

Tribal Appellate Court

State Supreme Court

State Appellate Court

State Trial Court

State Administrative

Tribunal

Magistrate Bankruptcy Court

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Additional Websites for Judicial Clerkships Research

www.law.umich.edu/currentstudents/careerservices/Pages/nomdb.aspx: University of Michigan Law School Judicial Appointment Database containing all recent federal judicial nominations and recent confirmations. www.lectlaw.com/tjud.htm: The “Lectric Law Library Lawcopedia’s Judges, Courts & The Judiciary”. Contains a broad spectrum of information about the courts and judges, including recent developments regarding the judiciary. www.uscourts.gov: Offers general information about the U.S. Courts, publications, directories, news and information. Home of the Federal Clerkship Information System. www.judges.org: Website for the National Judicial College, an organization devoted to judicial education. www.law.yale.edu/outside/scr/library/nom/index.asp: Yale’s federal judicial nominations page. www.senate.gov: The U.S. Senate nominations page. Click on “Nominations” in the left-hand column. www.afj.org: Alliance for Justice, the “Judicial Selection Project” includes reports and analysis concerning the federal judiciary and judicial confirmations, most notably demographic tables based on judges’ ethnicity and gender. www.fjc.gov: Federal Judicial Center – Includes links to circuit courts, biographical information on all past and present federal judges, and legal links. www.ncsconline.org: National Center for State Courts – Links to numerous state and international court sites. judiciary.senate.gov: United States Senate Committee on the Judiciary – Listings of recent judicial nominations and confirmations as well as committee agendas and hearings schedules. www.usdoj.gov/olp/judicialnominations.htm: Listings of recent judicial nominations and confirmations.

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Preparing for Judicial Clerkships: Tips for Students Spending Their Summers in the Private Sector

Prepared by NALP's Judicial Clerkship Committee

Because of the new judicial clerkship timing guidelines, private sector legal employers are facing some new issues. Most larger employers have indicated that interest in a clerkship will have no bearing, positive or negative, on consideration regarding the extension of an offer to join the firm upon graduation. They have a pretty good idea from past years about the percentage of summer associates who clerked and have planned the size of their current summer classes accordingly. No one assumes the change in timing is going to drastically change the end result. Smaller firms, whose needs may not allow as much flexibility, are more likely to consider clerkship applicants on a case-by-case basis. Communication Between Employers and Students In order to plan their fall recruiting, employers need a good sense of the number of summer associates who will be seeking clerkships. The new timing of the clerkship interview process makes clear communication on this issue imperative, and you should expect to be asked about it sometime during the summer. Consider the possibility that your employer maybe contacted as a reference by a judge and that you may want to use summer work product as a writing sample. If your clerkship application comes as a surprise to your employer, you've made life more difficult for everyone concerned. Employers are encouraged to make their policies and attitudes toward clerkships known early and often. If you are unsure about your employer's attitude, look for a chance to ask about it. When asked about clerking, remember to convey your enthusiasm for your summer job and interest in your employer while you are explaining your thoughts about clerkship applications. Remember, too, that it is perfectly reasonable to be uncertain about applying for clerkships, especially early in the summer; you need not give a categorical answer to your employer immediately -just be straightforward about what you are thinking. Learn from Those Who Came Before You During the summer, seek out former judicial clerks for their ideas about different judges and different types of clerkships, as well as about the value of their clerkships both from their personal and their firm's perspective. Planning for the Fall Students interviewing for private sector jobs in their third year are expected to bear the brunt of the uncertainty associated with the new hiring schedule. They will probably face a longer wait as firms sort out their vacancies, and third-year students concurrently applying for clerkships will be more likely to remain in limbo until they know whether or not they will be clerking. Students are encouraged to report any change in their status promptly to prospective employers. Prompt reporting benefits fellow students who are still seeking jobs as well as employers. Check out the full report, "The New Face of Fall Hiring: The Effects of the New Judicial Clerk Hiring Plan on Other Hiring Practices" on NALP's web site at www.nalp.org/jobseekers/clerk rpt.pdf (in PDF format) for a more detailed discussion of these and other ideas. For more detailed information on the law clerk hiring plan, visit www.cadc.uscourts.gov/lawclerk.

www.nalp.org

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ASU Alumni Judicial Clerkships

Class of 2009 (partial list)

Brian Barner Idaho Supreme Court

Chief Justice Daniel T. Eismann John Gray U.S. District Court – Arizona

Judge G. Murray Snow Samuel Doncaster Arizona Court of Appeals, Div. 1 Judge Donn Kessler Kerryn Moore U.S. District Court, Arizona Judge Neil Vincent Wake Jessica Maziarz Arizona Court of Appeals, Div. 1

Judge Daniel Barker Michael Tunink Judge Phillip Hall

Arizona Court of Appeals, Div. 1 Madeline Vera Arizona Court of Appeals, Div. 1

Judge Maurice Portley Philip Beatty Arizona State Court of Appeals, Div. 1 Judge Patricia Norris Victoria Ames Arizona Court of Appeals, Div. 1 Judge Michael J. Brown Leila Barraza Arizona Court of Appeals, Div. 1 Judge Michael J. Brown Lauren Crawford Arizona Court of Appeals, Div. 1 Judge Patricia Orozco Tiffany Ige Hawaii State Trial Court Molly O'Connell U.S. Attorney, Department of Justice, Immigration Court Ted Walters U.S. Attorney, Department of Justice, Immigration Court

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ASU Alumni Judicial Clerkships

Class of 2008 Ann Brady Arizona Court of Appeals, Div. 1 Judge Patricia Orozco Kolette Butler Arizona Court of Appeals, Div. 1 Judge Michael J. Brown Matthew Campbell Arizona Court of Appeals, Div. 1 Judge Patrick Irvine Laura Ciancanelli Arizona Court of Appeals, Div. 1 Judge Peter B. Swann Chelsea Durkin 9th Circuit Court of Appeals

Judge William C. Canby

Todd Erb Arizona Court of Appeals, Div. 1 Judge Daniel Barker

Ian Fischer Arizona Supreme Court

Chief Justice Ruth McGregor

Justin Henderson Arizona Supreme Court Justice W. Scott Bales

Cheryl Kane Arizona Court of Appeals, Div. 1 Judge Daniel Barker Mark Lightner Bankruptcy Court for the S.D. of New York

Judge Robert D. Drain

Shannon Lindner Arizona Court of Appeals, Div. 1 Judge Maurice Portley Gordana Mikalacki Arizona Court of Appeals, Div. 1

Judge Donn Kessler Jason Porter Arizona Court of Appeals, Div. 1

Judge G. Murray Snow Martin Quezada Arizona Court of Appeals, Div. 1 Judge Patricia Orozco Matthew Stoloff Arizona Supreme Court

Vice Chief Justice Rebecca White Berch

Theodore Wimsatt Arizona Supreme Court Vice Chief Justice Rebecca White Berch

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ASU Alumni Judicial Clerkships

Class of 2007

Andrew Becke Vice Chief Justice Rebecca White Berch Arizona Supreme Court

Helen Burtis Arizona Court of Appeals, Div. 1 Judge Patrick Irvine Aubrey Joy Corcoran Arizona Court of Appeals, Div. 1 Judge Patricia Norris Rusty Crandell U.S. District Court, Arizona Judge Roslyn O. Silver Alastair Gamble Arizona Supreme Court Justice Andrew D. Hurwitz Charitie Hartsig Arizona Court of Appeals, Div. 1 Judge Diane Johnsen Betsy Lamm Arizona Supreme Court Chief Justice Ruth McGregor Mark Lightner Arizona Supreme Court Vice Chief Justice Rebecca White Berch John Lopez Arizona Court of Appeals, Div. 1 Judge Patricia Orozco Jodi Meyers Arizona Supreme Court Chief Justice Ruth McGregor Nora Nuñez U.S. District Court, Arizona Judge Earl H. Carroll Sara Orozco Arizona Court of Appeals, Div. 1 Judge Patricia Orozco Adriana Rosenblum Arizona Court of Appeals, Div. 1 Judge Maurice Portley Jack Vincent U.S. District Court, Arizona Judge Neil Vincent Wake David Wilson Arizona Court of Appeals, Div. 1 Judge Daniel Barker

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ASU Alumni Judicial Clerkships Class of 2006

C. Lincoln Combs Supreme Court of Arizona

Justice Andrew D. Hurwitz Colleen Cox Supreme Court of Arizona

Vice Chief Justice Rebecca White Berch Franci Fealk Arizona Court of Appeals, Div. 1

Judge Patricia Orozco Elizabeth Fella U.S. Bankruptcy Court

Judge Sarah Sharer Curley Kevin Kelly U.S. District Court, Southern District of California Magistrate Judge Peter C. Lewis Elizabeth Kruschek Supreme Court of Arizona

Chief Justice Ruth V. McGregor Sarah Mansfield (’07-08 term) Palmer Superior Court, Palmer, Alaska Judge Eric Smith Gail Merten Arizona Court of Appeals, Div. 1

Judge G. Murray Snow Sharon Ng Arizona Court of Appeals, Div. 1 Judge John C. Gemmill Harmony Simmons (’07-08 term) Arizona Court of Appeals, Div. 1 Judge G. Murray Snow Scott Simon Arizona Court of Appeals, Div. 1

Judge G. Murray Snow Marki Stewart Arizona Court of Appeals, Div. 1

Judge Daniel A. Barker Lauren Elliot Stine Supreme Court of Arizona

Justice W. Scott Bales Jo Ellen Vork Arizona Court of Appeals, Div. 1 Judge Donn Kessler

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ASU Alumni Judicial Clerkships Class of 2005

James Barton, II Arizona Supreme Court Chief Justice Ruth McGregor Jacques Blackwell Arizona Court of Appeals, Division 2 Gene Folgo U.S. Court of Appeals for the Ninth Circuit Judge William Canby Norma Izzo U.S. Attorney General Honors Program Department of Justice, Immigration Court Jaclyn Malka Arizona Supreme Court Justice Andrew Hurwitz Hillary Martin U.S. District Court, Alaska (2005) Alaska Supreme Court (2006) Anne-Leigh Moe U.S. District Court, Middle District of Florida Judge Virginia Maria Hernandez Covington Amelia Morrow Arizona Supreme Court Vice Chief Justice Rebecca White Berch Rhonda Needham Arizona Court of Appeals Judge G. Murray Snow Jennifer Roach Arizona Court of Appeals

Judge Patrick Irvine Kristin Romandetti Arizona Court of Appeals Judge Murray Snow Nicole Kulhaug Siqueiros Arizona Superior Court Judge Kenneth Field Elizabeth Townsend Arizona Supreme Court Justice Scott Bales Yen Vu Arizona Court of Appeals Judge Ann Scott Timmer Jodi Wertheim Brown U.S. District Court Judge Morton Sitver

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ASU Alumni Judicial Clerkships Class of 2004

Hannah Auckland Arizona Court of Appeals Judge Ann Scott Timmer Paul Avelar Arizona State Supreme Court (2004) Justice Andrew Hurwitz U.S. Court of Appeals, Second Circuit (2005) Judge Roger Miner Rhonda Barnes Arizona State Supreme Court

Justice Rebecca White Berch

Steven Fitzpatrick Montana District Court Judge Thomas Honzel Michelle Jager Arizona State Supreme Court Chief Justice Charles Jones Regina Pangerl Arizona State Court of Appeals Chief Judge Sheldon Weisberg Matthew Klopp Arizona State Court of Appeals Chief Judge Sheldon Weisberg Douglas Magnuson U.S. Bankruptcy Court, Phoenix Judge Sarah Sharer Curley Marissa Merculieff Superior Court of Alaska Judge Dan Hensley May Mowzoon Arizona State Court of Appeals Judge Ann Scott Timmer Suzanne Rollier U.S. District Court Northern District of Illinois Judge Paul Plunkett Jason Romero Arizona State Supreme Court Justice Ruth McGregor Michael Schon Arizona State Court of Appeals Judge Patricia Norris Kathleen Skinner Arizona State Supreme Court Justice Rebecca White Berch Keith Swisher U.S. Court of Appeals for the Ninth Circuit Judge William Canby

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ASU Alumni Judicial Clerkships Class of 2003

Michella Abner Arizona Supreme Court

Justice Michael Ryan

Jason Alberts Arizona Court of Appeals Judge Ann Scott Timmer

Stephen Benedetto Arizona Supreme Court Justice Rebecca White Berch

Jeff Cobb Arizona Court of Appeals Judge Jefferson Lankford

Scott Donald Maricopa County Superior Court

Judge Jeffrey Cates Tracy Friddle Arizona Court of Appeals Judge Patricia Norris

David Steven Garbarino Arizona Supreme Court Justice Rebecca White Berch

Timothy Harjo Mashantucket Pequt Nation Mashantucket, CT

Co Horgan U.S. Bankruptcy Court Judge Sarah Sharer Curley

Andrew Jacob U.S. Court of Appeals, 9th Circuit Judge Barry Silverman

Caroline Lynch Arizona Court of Appeals Judge William F. Garbarino

Karen Johnson Stillwell Arizona Court of Appeals Judge Susan Ehrlich

Cassandra Jones 2nd Judicial District Court Reno, NV

Trisha Martin Baggs Arizona Supreme Court Justice Michael Ryan

Kiersten Murphy Arizona Supreme Court

Justice Andrew D. Hurwitz

Katasha Nakai U.S. Court of Appeals, 9th Circuit Judge Mary M. Schroeder

Lisa Walrath Arizona Court of Appeals Judge John C. Gemmill

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ASU Law Faculty Judicial Clerks U.S. Supreme Court: Dean Paul Schiff Berman Associate Justice Ruth Bader Ginsburg Paul Bender Justice Felix Frankfurter Laura Dickenson Justice Harry A. Blackmun Justice Stephen G. Breyer

Ira Mark Ellman Associate Justice William O. Douglas Andrew D. Hurwitz Justice Potter Stewart U.S. Court of Appeals: D.C. Circuit: Dean Paul Schiff Berman Chief Judge Harry T. Edwards Milton R. Schroeder Honorable Carl McGowan Carissa Hessick Honorable A. Raymond Randolph 2nd Circuit: Paul Bender Honorable Learned Hand Robert A. Gorman Honorable Irving R. Kaufman Andrew D. Hurwitz Honorable J. Joseph Smith 6th Circuit: Myles V. Lynk Honorable Damon Keith 8th Circuit: Dale Beck Furnish Honorable Martin D. VanOosterhaut 9th Circuit: Charles Calleros Office of Central Staff Attorneys Honorable Procter Hug, Jr.

Laura Dickenson Judge Dorothy Nelson David H. Kaye Honorable Alfred T. Goodwin Catherine Gage O’Grady Honorable William Canby James Weinstein Chief Judge James R. Browning 11th Circuit: Betsy Grey Honorable Frank M. Johnson, Jr.

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ASU Law Faculty Judicial Clerks (continued)

U.S. Tax Court: Adam Chodorow Honorable Joseph H. Gale U.S. District Courts: Northern District Of West Virginia Kirsten Davis Honorable Frederick P. Stamp, Jr. Southern District of New York Carissa Hessick Honorable Barbara S. Jones District of Connecticut Andrew D. Hurwitz Honorable Jon O. Newman District of Arizona Mary Sigler Honorable Roslyn O. Silver State Supreme Courts: Arizona Supreme Court: Sigmund Popko Justice Stanley G. Feldman Rebecca A. Tsosie Justice Stanley G. Feldman California Supreme Court: Ira Mark Ellman Associate Justice Matthew Tobriner Washington Supreme Court: David Kader Justice Robert E. Utter Wisconsin Supreme Court: Daniel Strouse Justice Nathan S. Heffeman