Uncertain about using judge as reference Forum

[Anonymous User]

I clerked right out of law school on a flyover (Midwest) district court. The clerkship year was mostly good, but the judge was at times very hard to read, and could get downright nasty--personal nasty--when upset or angry, even if the clerks had nothing to do with his sour mood. It was plain that he liked my co-clerks better, although I think this was based on personality compatibility and not quality of work.

I finished the year with the distinct impression that, while I had done good work, the year had been more turbulent than usual and the judge did not like me very much. Further, I have it on good authority that there was some shit-talking among the judge and his staff about me (and about the other clerks on occasion, to be fair). Since I left, however, relations have been cordial, if not extensive (I practice in the same circuit but in a different district).

I've spent the last few years at a firm and am applying to COA positions. The district judge does not write letters of recommendation, so the absence of an LOR can easily be explained. However, I imagine that any appellate judge (especially one within the same circuit) will call the district judge if an interview seems to be in the cards.

Because I am competitive, if barely, for a COA position, I am worried that the district judge basically holds the keys to the kingdom...and I have no idea what he would say. I am torn between reaching out and letting things rest as they are (if he gives me a bad review, I won't know anyway).

Aggravating things is a lack of perspective. Clerking was my first job out of law school and personality clashes happen; while the other clerks in the building seemed to be doing great, nobody really talks about this kind of thing outside of chambers (lord knows I didn't), so perhaps my experience was not that unusual.

I'd appreciate any advice people might have. I'd definitely take the district court job all over again, but did not realize how fraught this kind of ambiguity could be going forward. It's a resume entry for life...for better or worse.

[Anonymous User]

Use him. He'll vouch for you all the way on this stuff, no question. It'd be very weird not to list him as a reference, and would be a glaring omission on your reference sheet (at least to the extent that any such omission can glare).

Judges have a personal interest, and take personal pride, in seeing their clerks go on to do bigger and better things. If you two truly hated each other (like the guy who clerked for Samuel Kent and then wrote the article about him after he went to prison), that'd be different, but this job tends to produce some friction, and that's out the window once your term ends.

This isn't just a "lesser of two evils" thing; you should continue to list him, and continue to list him confidently. His reference will be a positive asset to you, separate and on top of the clerkship resume line, if you've described the situation candidly (and it feels like you have).

[Anonymous User]

OP. Appreciate the advice. Will cross my fingers and hope that's his approach.