Judicial Clerkship Pay -- Can't Find an Answer Forum

[Anonymous User]

So... everyone I have talked to has said, until you JSP-13 (and perhaps not even then) you will live on step 1. I cannot find anywhere that this is stated as 'fact'. OSCAR provides the first step pay levels, but then also says "The hiring judge, as the appointing authority, assigns a selectee's grade and step, and thus sets the salary, at the time of appointment." https://oscar.uscourts.gov/qualificatio ... y_benefits

Is this set by local rule then? Circuit? Or is it in fact a rule that all first and second year clerks are on step 1. I cannot find information via the Judicial Conference, and nobody I've talked to has provided me any information beyond, "well...that's just the way it's done."

[A. Nony Mouse]

That was the only option presented to me by HR when I started my federal clerkship as a second-year. My understanding is that difference in step applies to permanent employers, or career clerks/judicial employees, not to term clerks.

Also, the document you cite says that the judge sets the grade/step, but immediately after states that you start at step 1, at whichever grade your previous experience qualifies you for (e.g. 11 = new grad, 12 = one year experience etc.). So it seems pretty clear to me.

But the best way to get an answer would be to contact the HR person at the court you're going to clerk for. Different districts (and even different judges in the same district) do sometimes have different policies.

[Anonymous User]

Yeah...I know what the OSCAR page says...but I viewed those as an example of those salaries (for people who don't look at the tables). It never says "THIS is your salary." Maybe I'm just being overly hopeful.

[A. Nony Mouse]

You're right, that might be the case. It does seem that HR at your court is going to have the best answer, though.

[Anonymous User]

This is judge and court dependent. When I began my second term clerkship, my judge bumped me up to step two of JS-12. Other clerks I have spoken to did not receive such a bump. If you really need to know, I'd ask either the HR department of your court or your judge's administrative assistant.

[Anonymous User]

The HR person at my court discussed this issue in orientation and said that while in theory you get automatically promoted to step 2 after a year at JSP-11 step 1, the salary bump is much higher if you have your judge explicitly reassign you to JSP-12 step 1 at that point, so there is little reason anyone would ever be at step 2 unless they failed the bar or their judge for some reason didn't want to do the paperwork to move them to JSP-12 after a year.

The application-for-federal-employment form (AO-78) asks for details about prior federal employment. "Incoming law clerks who have prior federal experience may be eligible to match their highest previous rate of federal pay within the grade for which they qualify." This presumably would be done by moving you to a higher step within your JSP grade.