The Legitimacy Crisis in Federal Law Clerk Hiring
posted by Dave Hoffman
This week, law professors are encouraged to call federal judges and ask them to pull from an enormous pile of clerkship candidates particular students whose merits might be otherwise obscured. (Applications were delivered Tuesday to those Judges who are still “on plan“, and interviewing calls are supposed to go out Friday.) Unfortunately, the plan has entirely fallen apart, as wealthy law schools now are more than willing to package applications in the spring and summer. This unravelling, long-predicted in some quarters, has two pernicious consequences – apart from encouraging judges to take applicants earlier in their law school careers, and consequently increasing the importance of first-year grades.
- A re-emphasis on the importance of private and expensive networks of information about what judges are up to. When judges hire at different dates, it becomes crucially important to have sources inside the courthouse who know the scoop – former clerks, for example. This will tend to make it harder for applicants from poorer and less established law schools to break into the clerkship market. (Indirectly, this becomes yet another subsidy for wealthy schools.)
- Because some judges don’t particularly enjoy the competitive scrum, the death of the plan will accelerate the trend to hire either permanent clerks or clerks from practice. This is,variously:
- Bad for current law students;
- Good for associates in practice who want to make a move;
- Good for researchers who will be able to collect more expansive data about law clerk influence;
- Bad for those who fear that law clerks already have too much influence – the more experienced the clerk, the more likely that his or her views are influencing the judge’s decision;
- Bad for the budget, as more experienced clerks are more expensive. (Federal judges clearly don’t directly bear the costs of hiring more expensive clerks.)
The class, race, and gender effects insular hiring networks are well-known in general. Basically: when it’s all-but-impossible to figure out how to get a job, only people who don’t need the job get it.