Let's talk 2nd Circuit! Forum

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Re: Let's talk 2nd Circuit!

Post by Anonymous User » Mon Oct 03, 2022 1:45 pm

Anonymous User wrote:
Mon Oct 03, 2022 9:30 am
Anyone have any insight into Merriam? I haven't been able to track down anyone who has worked in her chambers but I'm very interested in her.
On OSCAR she has a PDF letter attached to her postings. Be sure to read it! (Not doubting that you likely have)

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Re: Let's talk 2nd Circuit!

Post by Anonymous User » Mon Oct 03, 2022 1:58 pm

Anonymous User wrote:
Mon Oct 03, 2022 1:45 pm
Anonymous User wrote:
Mon Oct 03, 2022 9:30 am
Anyone have any insight into Merriam? I haven't been able to track down anyone who has worked in her chambers but I'm very interested in her.
On OSCAR she has a PDF letter attached to her postings. Be sure to read it! (Not doubting that you likely have)
Not sure what I’m supposed to take away from the letter. It says you’ll work hard and that you have to work in CT, not NYC. These things seem pretty obvious. Am I missing something?

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Re: Let's talk 2nd Circuit!

Post by Anonymous User » Mon Oct 03, 2022 2:06 pm

Anonymous User wrote:
Mon Oct 03, 2022 1:58 pm
Anonymous User wrote:
Mon Oct 03, 2022 1:45 pm
Anonymous User wrote:
Mon Oct 03, 2022 9:30 am
Anyone have any insight into Merriam? I haven't been able to track down anyone who has worked in her chambers but I'm very interested in her.
On OSCAR she has a PDF letter attached to her postings. Be sure to read it! (Not doubting that you likely have)
Not sure what I’m supposed to take away from the letter. It says you’ll work hard and that you have to work in CT, not NYC. These things seem pretty obvious. Am I missing something?
It's a little red-flaggy to write that kind of letter, but I guess I've seen worse.

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Re: Let's talk 2nd Circuit!

Post by Anonymous User » Mon Oct 03, 2022 2:47 pm

Anonymous User wrote:
Mon Oct 03, 2022 2:06 pm
Anonymous User wrote:
Mon Oct 03, 2022 1:58 pm
Anonymous User wrote:
Mon Oct 03, 2022 1:45 pm
Anonymous User wrote:
Mon Oct 03, 2022 9:30 am
Anyone have any insight into Merriam? I haven't been able to track down anyone who has worked in her chambers but I'm very interested in her.
On OSCAR she has a PDF letter attached to her postings. Be sure to read it! (Not doubting that you likely have)
Not sure what I’m supposed to take away from the letter. It says you’ll work hard and that you have to work in CT, not NYC. These things seem pretty obvious. Am I missing something?
It's a little red-flaggy to write that kind of letter, but I guess I've seen worse.
To me that is absolutely a response to getting a flurry of initial applications, probably going back to the date of her nomination, from people who currently work in NYC biglaw and want to clerk for Merriam without moving. Some circuit judges will do this (hire clerks based in the city where the circuit is based). Merriam is probably trying to cull the herd of applicants to people actually willing to work full-time in New Haven.

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Re: Let's talk 2nd Circuit!

Post by Anonymous User » Mon Oct 03, 2022 2:50 pm

Anonymous User wrote:
Mon Oct 03, 2022 1:58 pm
Anonymous User wrote:
Mon Oct 03, 2022 1:45 pm
Anonymous User wrote:
Mon Oct 03, 2022 9:30 am
Anyone have any insight into Merriam? I haven't been able to track down anyone who has worked in her chambers but I'm very interested in her.
On OSCAR she has a PDF letter attached to her postings. Be sure to read it! (Not doubting that you likely have)
Not sure what I’m supposed to take away from the letter. It says you’ll work hard and that you have to work in CT, not NYC. These things seem pretty obvious. Am I missing something?
Yeah the letter is a good description of the qualities required of a trial court clerk. It’s a very hard job. Being a circuit clerk is much easier, so the letter sounds a bit weird in that context, but if you check the old positions it’s just a copy and paste from the old letter, which explains that.

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Anonymous User
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Re: Let's talk 2nd Circuit!

Post by Anonymous User » Tue Oct 04, 2022 11:45 am

does anyone know if Merriam has started interviewing yet? The posting says it'll be done ASAP and rolling.

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Re: Let's talk 2nd Circuit!

Post by Anonymous User » Thu Oct 06, 2022 1:24 am

Merriam's letter is basically what she had when she was an MJ and a DJ. Wonderful, thoughtful judge. Total workhorse at the district court. Interesting to see how she adjusts to the slower-paced circuit.

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Re: Let's talk 2nd Circuit!

Post by Anonymous User » Wed Nov 02, 2022 3:22 pm

I like Perez from my interactions with her, she’s personable and kind, and she is a talented writer. But her chambers is very disorganized, and working in a disorganized chambers with a demanding boss sounds difficult. Her clerks seem to have a higher workload than the norm.

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Re: Let's talk 2nd Circuit!

Post by Anonymous User » Wed Nov 02, 2022 4:26 pm

Anonymous User wrote:
Mon Oct 03, 2022 2:50 pm
Anonymous User wrote:
Mon Oct 03, 2022 1:58 pm
Anonymous User wrote:
Mon Oct 03, 2022 1:45 pm
Anonymous User wrote:
Mon Oct 03, 2022 9:30 am
Anyone have any insight into Merriam? I haven't been able to track down anyone who has worked in her chambers but I'm very interested in her.
On OSCAR she has a PDF letter attached to her postings. Be sure to read it! (Not doubting that you likely have)
Not sure what I’m supposed to take away from the letter. It says you’ll work hard and that you have to work in CT, not NYC. These things seem pretty obvious. Am I missing something?
You would be surprised how many supposedly intelligent applicants accidentally apply to CT chambers thinking they are actually in NYC.

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Anonymous User
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Re: Let's talk 2nd Circuit!

Post by Anonymous User » Thu Nov 03, 2022 3:23 pm

Does Newman plan to hire for 2023–24? I know he's getting up there in age (not to be rude). I have a young child and a district court clerkship, so I finally meet the prerequisites, lol. At the same time, any inside info on what it's like to clerk for him?

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Re: Let's talk 2nd Circuit!

Post by Anonymous User » Sat Nov 05, 2022 12:18 am

Anonymous User wrote:
Thu Nov 03, 2022 3:23 pm
Does Newman plan to hire for 2023–24? I know he's getting up there in age (not to be rude). I have a young child and a district court clerkship, so I finally meet the prerequisites, lol. At the same time, any inside info on what it's like to clerk for him?
Newman has a very light load at this point, he’s only sitting five days this year I think. I can’t imagine he really needs more than one clerk.

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Re: Let's talk 2nd Circuit!

Post by Anonymous User » Sun Nov 06, 2022 1:01 am

Anonymous User wrote:
Sat Nov 05, 2022 12:18 am
Anonymous User wrote:
Thu Nov 03, 2022 3:23 pm
Does Newman plan to hire for 2023–24? I know he's getting up there in age (not to be rude). I have a young child and a district court clerkship, so I finally meet the prerequisites, lol. At the same time, any inside info on what it's like to clerk for him?
Newman has a very light load at this point, he’s only sitting five days this year I think. I can’t imagine he really needs more than one clerk.
That's public information?

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Re: Let's talk 2nd Circuit!

Post by Anonymous User » Sun Nov 06, 2022 1:00 pm

Anonymous User wrote:
Sun Nov 06, 2022 1:01 am
Anonymous User wrote:
Sat Nov 05, 2022 12:18 am
Anonymous User wrote:
Thu Nov 03, 2022 3:23 pm
Does Newman plan to hire for 2023–24? I know he's getting up there in age (not to be rude). I have a young child and a district court clerkship, so I finally meet the prerequisites, lol. At the same time, any inside info on what it's like to clerk for him?
Newman has a very light load at this point, he’s only sitting five days this year I think. I can’t imagine he really needs more than one clerk.
That's public information?
No.

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Re: Let's talk 2nd Circuit!

Post by Anonymous User » Sat Dec 17, 2022 9:29 am

Researching SDNY/EDNY/2nd Cir…so essentially all these judges are on plan, yes? Any significant exceptions or ways I might be missing finding judges who aren’t?

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Re: Let's talk 2nd Circuit!

Post by Anonymous User » Sat Dec 17, 2022 9:36 am

Anonymous User wrote:
Sat Dec 17, 2022 9:29 am
Researching SDNY/EDNY/2nd Cir…so essentially all these judges are on plan, yes? Any significant exceptions or ways I might be missing finding judges who aren’t?
Conservative Judges like Menashi are not gonna be on plan. But yes, a lot in that area are on plan.

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Re: Let's talk 2nd Circuit!

Post by Anonymous User » Sat Dec 17, 2022 11:16 pm

Menashi is the only judge on CA2, SDNY, or EDNY who is entirely off plan. A handful of others hire a mix of on and off plan (e.g. Park, Sullivan). But the vast majority are on-plan.

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Re: Let's talk 2nd Circuit!

Post by Anonymous User » Tue Dec 20, 2022 9:22 am

Basic-level CA2 question.

Based on the little information I have, the panel presider is responsible for preparing all summary orders ("nonprecedential/unpublished") emanating from a given sitting. That sounds weird to me. From friends who clerked in other Circuits, decisions elsewhere were allocated among the judges on the panel.

Does this mean, if you clerk for a senior CA2 judge, you never have to/get to draft summary orders? Because you are never presiding?

Also: why are summary orders not attributed to an individual judge? I know the Courts of Appeals vary on this, but it seemed strange. I assume it is a New York thing, because the New York Appellate Division (1st/2d) does not "author" most opinions.

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Re: Let's talk 2nd Circuit!

Post by Anonymous User » Tue Dec 20, 2022 11:36 am

Anonymous User wrote:
Tue Dec 20, 2022 9:22 am
Basic-level CA2 question.

Based on the little information I have, the panel presider is responsible for preparing all summary orders ("nonprecedential/unpublished") emanating from a given sitting. That sounds weird to me. From friends who clerked in other Circuits, decisions elsewhere were allocated among the judges on the panel.

Does this mean, if you clerk for a senior CA2 judge, you never have to/get to draft summary orders? Because you are never presiding?

Also: why are summary orders not attributed to an individual judge? I know the Courts of Appeals vary on this, but it seemed strange. I assume it is a New York thing, because the New York Appellate Division (1st/2d) does not "author" most opinions.
If you clerk for a senior judge, yes, you're never drafting summary orders. CA9, e.g., does not attribute either.

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Re: Let's talk 2nd Circuit!

Post by Anonymous User » Tue Dec 20, 2022 10:35 pm

Does that mean a substantially smaller workload for clerks in senior chambers? I imagine some clerks might not draft even a single decision all term depending on sittings and opinion assignments.

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Re: Let's talk 2nd Circuit!

Post by Anonymous User » Tue Dec 20, 2022 11:57 pm

Anonymous User wrote:
Tue Dec 20, 2022 10:35 pm
Does that mean a substantially smaller workload for clerks in senior chambers? I imagine some clerks might not draft even a single decision all term depending on sittings and opinion assignments.
Yes, though summary orders really don’t add much substantive work since they’re short and basically summarize bench memos. The only time they’re painful is when another chambers tries to blow one up and it’s your problem.

Almost all of the Second Circuit seniors are pretty active and they get first dibs on opinions though so they still write plenty.

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Re: Let's talk 2nd Circuit!

Post by Anonymous User » Wed Dec 21, 2022 8:54 am

Oh. Do bench memos get written for everything? That ... would be a lot of work.

And, by first dibs on opinions: the presiding judge does not control opinion distribution?

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Re: Let's talk 2nd Circuit!

Post by Anonymous User » Wed Dec 21, 2022 9:16 am

Anonymous User wrote:
Wed Dec 21, 2022 8:54 am
Oh. Do bench memos get written for everything? That ... would be a lot of work.

And, by first dibs on opinions: the presiding judge does not control opinion distribution?
Yes, the Second Circuit does not share bench memos (like most circuits iirc) and the presider does not assign. Presiding has no upsides. But because the Second treats its seniors so well there are a ton of them and that keeps the per-judge workload fairly low. Many judges’ clerkships are “lifestyle” 9-5 gigs.

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Re: Let's talk 2nd Circuit!

Post by Anonymous User » Wed Dec 21, 2022 12:54 pm

Anonymous User wrote:
Wed Dec 21, 2022 9:16 am
Anonymous User wrote:
Wed Dec 21, 2022 8:54 am
Oh. Do bench memos get written for everything? That ... would be a lot of work.

And, by first dibs on opinions: the presiding judge does not control opinion distribution?
Yes, the Second Circuit does not share bench memos (like most circuits iirc) and the presider does not assign. Presiding has no upsides. But because the Second treats its seniors so well there are a ton of them and that keeps the per-judge workload fairly low. Many judges’ clerkships are “lifestyle” 9-5 gigs.
Which other circuits do not share bench memos?

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Re: Let's talk 2nd Circuit!

Post by Anonymous User » Sat Dec 24, 2022 12:29 pm

What is Richard Sullivan's reputation?

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Re: Let's talk 2nd Circuit!

Post by Anonymous User » Sat Dec 24, 2022 7:35 pm

Anonymous User wrote:
Sat Dec 24, 2022 12:29 pm
What is Richard Sullivan's reputation?
Very extroverted and charming, judge’s judge (he’s a former trial lawyer and trial judge, not an ideologue), notorious workhorse, highly competent. His answers to questions for the record for the Judiciary Committee unusually show some personality and will give you a taste—he clearly wrote them himself.

https://www.judiciary.senate.gov/imo/me ... 20QFRs.pdf

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