Judicial clerkship hiring is often viewed through a political lens by law students, but a new study indicates that judicial clerkship hiring is more heavily influenced by practical fit than ideology.
The research, based on interviews with 194 judges from federal and state courts, concludes that judges place the greatest weight on whether applicants can meet the demands of the job, work well within a small chambers, and maintain connections after the term, according to the study’s authors.
Judicial clerkship hiring emphasizes experience and chemistry
The report, titled What Judges Want, was authored by Tracey George of Vanderbilt University Law School, Mitu Gulati of the University of Virginia School of Law, and Albert Yoon of the University of Toronto Faculty of Law. The authors found that experience and maturity are among the most important attributes for successful candidates, along with recommendations from trusted professors and judges.
Only 39% of the judges interviewed raised politics or ideology as a hiring consideration, the study states, and none reported choosing clerks explicitly because of shared political views. The researchers also noted that no judge said they would hire only members of either the Federalist Society or the American Constitution Society.
Grades, while relevant to some, were not universally decisive. Several judges viewed law school marks as imperfect indicators, citing concerns that grades can be misleading or unreliable for evaluating the qualities that support a strong, long-term working relationship.
The authors report that judges frequently look for candidates with whom they can build enduring professional ties, rather than assembling a roster based solely on top academic performers. As the study put it, many judges view their clerks as confidants whose relationships will continue well beyond the term of service.