Super Confused Clerkship Applicant Forum

[Anonymous User]

Hello TLS,

Given that clerkships are now reviewed on a rolling basis and that many Judges do not use OSCAR or do not update OSCAR frequently, I am completely confused about how to go about applying for clerkships and when it is appropriate to do so.

Background- I'm a 2L at CLS. Stone scholar 1L year, all A/A- this past semester, on track for Kent this year (fingers crossed). No law review, but secondary moot court and specialized moot court. I'm interested in both District and Circuit positions. Looking to stay in the tri-state area, so my focus is on SDNY, EDNY, 2nd, and 3rd. I have no strong preference whether I clerk immediately after 3L (2017-2018) or a year after working at a firm (2018-2019). I have a long list of judges I'm interested in and I'm prepared to apply in multiple rounds if necessary.

I've looked at OSCAR and that shit is a mess. If a Judge is even on OSCAR, many don't have profiles filled out with any substantive information, even fewer state whether they are hiring for specific terms, even fewer have that information up to date, and even fewer have applications available to submit online. So my question is, is there are a better source for this information than OSCAR? And second, should we apply via paper to all judges we are interested in UNLESS their OSCAR profile specifically states they are not hiring for a certain term? For instance, if the OSCAR profile states that they have completed hiring for 2016-2017, can I send in an app for 2017-2017? If it says they are reviewing applications for 2016-2017, can I submit for 2017-2018? If it says nothing, can I just apply? Thanks for TLS' help. This process is confusing AF and the clerkship office is of zero help since our director is on leave.

[legalmindedfellow]

Talk to 3Ls you know through moot court, or through anything else - they can provide some of the best practical advice on the process. Anyways, assuming that you do that, and that you have gotten moving on your recommendation letters... this would be what I do:

1) Judges hire for term clerkships in different ways. OSCAR is both one method of applying, and also an (imperfect) set of data points. It is not comprehensive for either. The only real better source of information than OSCAR is (1) 3Ls or alums you know; (2) professors (in the case of feeder judges, mostly); and (3) your clerkship office. Sounds like (3) is out; my guess is that (2) will not be that fruitful unless it's a professor you know quite well, or if your grades get really phenomenal. (1) is still useful. TLS also, possibly - check 2nd Circuit threads - though who knows.

2) Because you have a narrow geographic focus, it should be relatively simple to generate a list of every single judge in that area who fits your criteria. SDNY, EDNY, 2nd Cir, 3rd Cit, D-CT, D-NJ, whatever... It sounds as if you've done that.

3) Probably eliminate any judges from that group who are not realistic given your grades (think 2nd Circuit feeders, and their SDNY feeders). Also eliminate judges who are quite senior and appear not to be taking term clerks. (OSCAR might have old listings that indicate that they're done with term clerks permanently). Then strike any who are in places you simply do not want to live, or for any other individual reasons you have.

4) Send paper applications to each remaining judge, unless their OSCAR says (1) only accepting online (2) 100% not taking applications. Work with the professors and their assistants to help send those letters by paper, if your clerkship office doesn't have a process on that.

5) In your cover letter, I would put that you are interested in both 2017-18 or 2018-19, unless you have more specific information available.

Others might have more useful advice. Good luck.

[Anonymous User]

Send paper applications unless the profile specifically says not too. OSCAR generally lies. No reason to self-select out of applying to a judge either. The only thing it costs is the postage.

[A. Nony Mouse]

Send paper applications unless the profile specifically says not too. OSCAR generally lies. No reason to self-select out of applying to a judge either. The only thing it costs is the postage.

I absolutely agree with this. You will get back some responses saying judge whoever isn't hiring or maybe even "apply on Oscar when I post a position," but you won't miss any that way.

[naenae2745]

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[Anonymous User]

Clerk who's done both district and circuit here. Re confusion on OSCAR: if you're not sure if/when/what term they're hiring for, call chambers! In both of my experiences, the judge encouraged us to share timing information to the extent the judge knew what their timing was. So before hiring began, we'd say, "the judge doesn't envision beginning the hiring process until X, but you're welcome to send your application in before then if you'd like." Or, "the judge is hiring for X term but is only accepting applications from 2Ls that have all fall grades in." etc. We were probably unusually specific, but in general I think law students are way too afraid to call chambers and just ask. We won't bite your head off, nor write down your phone number and ban your application for daring to call. Clerks are ALL sympathetic to this problem, so there's literally no harm (and quite a bit to be gained) from calling and asking nicely.