Faux pas to clerk on same Circuit twice? Forum

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Faux pas to clerk on same Circuit twice?

Post by Anonymous User » Mon Feb 15, 2016 7:24 pm

I have a COA clerkship lined up for 2017 and am considering a second COA gig. Not sold on it, but considering it. My question: Is it improper to apply to judges on the same circuit as the 2017 COA judge I have lined up? There would be a couple reasons I'd want to stay on the same court and clerk for a different judge on it, but I didn't know if it was regarded as a no-no in clerkship circles.

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Re: Faux pas to clerk on same Circuit twice?

Post by Goldie » Mon Feb 15, 2016 7:57 pm

I hope not, cuz that's exactly what I'm hoping to do.

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Re: Faux pas to clerk on same Circuit twice?

Post by Anonymous User » Mon Feb 15, 2016 8:25 pm

I can think of one lawyer who clerked twice on the Ninth Circuit. I can think of one judge (Calabresi) who expressly states that he is open to clerk applicants who have previously clerked on the same (Second) circuit.

Outside of that, I can't think of folks who've done what you're trying to do. It's already uncommon to see two clerkships at the same level (two district, two circuit).

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A. Nony Mouse

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Re: Faux pas to clerk on same Circuit twice?

Post by A. Nony Mouse » Mon Feb 15, 2016 8:29 pm

I don't know that it's a faux pas. I'm not really sure what you'd gain by doing so.

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Re: Faux pas to clerk on same Circuit twice?

Post by Anonymous User » Mon Feb 15, 2016 11:39 pm

Same anon from above.

I guess one reason you might want to do this involves geography. Maybe you're in a geographically disperse circuit with nativist markets (CA10 springs to mind, but others exist). Say you're clerking for Briscoe but really want to move to Denver. Then, yeah, shooting for an Ebel gig would make sense.

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Emma.

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Re: Faux pas to clerk on same Circuit twice?

Post by Emma. » Tue Feb 16, 2016 12:09 am

Why would you do this?

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A. Nony Mouse

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Re: Faux pas to clerk on same Circuit twice?

Post by A. Nony Mouse » Tue Feb 16, 2016 12:14 am

Anonymous User wrote:Same anon from above.

I guess one reason you might want to do this involves geography. Maybe you're in a geographically disperse circuit with nativist markets (CA10 springs to mind, but others exist). Say you're clerking for Briscoe but really want to move to Denver. Then, yeah, shooting for an Ebel gig would make sense.
It would make much more sense to go do something that's not a second COA in Denver, instead, like D.Ct. or SSC.

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Re: Faux pas to clerk on same Circuit twice?

Post by rpupkin » Tue Feb 16, 2016 6:14 pm

A. Nony Mouse wrote:
Anonymous User wrote:Same anon from above.

I guess one reason you might want to do this involves geography. Maybe you're in a geographically disperse circuit with nativist markets (CA10 springs to mind, but others exist). Say you're clerking for Briscoe but really want to move to Denver. Then, yeah, shooting for an Ebel gig would make sense.
It would make much more sense to go do something that's not a second COA in Denver, instead, like D.Ct. or SSC.
Agreed. A circuit court clerkship doesn't have nearly as much local/regional value as a district court clerkship. Also, when you do two clerkships at the same level, it starts to look like you'd rather clerk than practice law--which is not a good look if your goal is to work at a law firm.

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Bildungsroman

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Re: Faux pas to clerk on same Circuit twice?

Post by Bildungsroman » Tue Feb 16, 2016 7:34 pm

Waste of time.

One thing you should do is ask your 2017 judge whether it's okay. Your judge might prefer you not clerk for another judge on the same circuit the following term b/c that might inhibit candidness in chambers. Or for other reasons. e.g. there might be a concern that you would be unwilling to draft a dissent or write a memo that opposes your next judge.

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Re: Faux pas to clerk on same Circuit twice?

Post by Person1111 » Tue Feb 16, 2016 8:37 pm

Bildungsroman wrote:Waste of time.

One thing you should do is ask your 2017 judge whether it's okay. Your judge might prefer you not clerk for another judge on the same circuit the following term b/c that might inhibit candidness in chambers. Or for other reasons. e.g. there might be a concern that you would be unwilling to draft a dissent or write a memo that opposes your next judge.
Yeah, this. I think it would be fine (but still kind of silly) to clerk for two district judges in the same district, though.

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