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A. The Role of Judicial Law Clerks

P art I. Judicial law clerks have many distinct roles in various court systems. Clerks are usually recent law
Part I. provides a general introduction to judicial law clerks. It offers a broad overview of the
various types of clerks and their functions. It presents the overall benefits of hiring a clerk, which school graduates, current second and third year law students, or newly licensed attorneys. A judge
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include aiding with legal research and writing, and with court operations and administration.
may have one or multiple clerks. Some tribal courts employ a single clerk for multiple judges. The
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clerk’s duties depend on the court. This Guide describes various roles and duties that a clerk may
perform.
P art II.
Part II. helps tribal courts create new judicial law clerkships. Very few tribal courts have
established clerkship programs. This section suggests multiple funding sources and their websites.
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It provides tips on preparing to hire a new clerk, and it offers advice on how to initiate the hiring 1. Types of Judicial Law Clerks
process.
There are various types of judicial law clerks throughout the country. Many of their duties depend on
the court’s jurisdiction. However, the clerks’ primary function is to work closely with judges to handle
P art III. their caseload. Generally, clerkships fall into two categories: those with trial courts and those with
Part III. helps tribal judges select a judicial law clerk. This section offers different methods and
techniques for choosing the right applicant. It also helps judges through the final steps of the hiring appellate courts. While trial and appellate clerkships operate in similar ways, there are some important
process. differences.

Trial court judicial law clerks are the judiciary’s “jacks-of-all-trades” because they assist in anything
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P art IV . related to the decision-making process. A trial court law clerk might research and prepare written
Part IV. recommends orientation for the judicial law clerk to help the clerk efficiently adjust to
his or her new duties and tribal court facilities. Conducting an initial meeting with the tribal judge, materials for the judge; attend hearings, trials, and settlement conferences; draft orders; perform
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or judges, and the clerk lays an important foundation for the clerkship. Setting clear expectations administrative tasks; and do anything else the judge asks. The clerk reviews the record, briefs, and
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between the clerk and the judge is essential to the success of the clerkship. other submitted materials in a case. Some clerks observe the progress of a case from beginning to
end, while others never see the “finish line” because some cases last longer than the clerkship.
Appellate court judicial law clerkships generally involve less varied tasks than trial court clerkships. An
P art V . appellate law clerk usually focuses on research, writing, and analysis to help the judge decide cases.
Part V. provides helpful tips for mentoring a judicial law clerk. This section suggests how to best
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work with and train a new clerk. It includes helpful tips on how to develop an authentic and practical He or she will research relevant statutes, case law, and secondary sources. The clerk researches the
educational experience for the clerk. Some of the topics include how the judge can: issues, prepares a bench memorandum, and drafts an opinion after the appellate court decides the
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case. Additionally, the clerk may help the judge prepare for oral arguments by summarizing the main
issues and developing questions. 10
ᆤ Provide meaningful feedback to a clerk,

ᆤ Mentor the clerk in developing relationships with the court staff, other attorneys, and
tribal members,

ᆤ Familiarize the clerk with the tribal community, and

ᆤ Train the clerk to help with court operations.

P art VI.
Part VI. offers advice on concluding the mentorship. It suggests that the judicial law clerk provide
final status updates on projects, and that the judge conduct an exit interview and write an effective
letter of recommendation.

This Guide cannot cover every question that will arise when creating a new clerkship. Each tribal court 3 Id. at 2.
has a unique legal structure and culture that this Guide cannot capture. Instead, it offers a broad 4 The Puyallup Tribe has a single clerk working for multiple judges.
portrait of what a clerkship should look like. 5 Mary L. Dunnewold, Beth A. Honetschlager, & Brenda L. Tofte, Judicial Clerkships, A Practical Guide, 8 (Carolina
Academic Press 2010).
6 Id.
7 PLSI Judicial Clerkship Handbook, supra note 2, at 3.
8 Id.
2 PLSI Jud. Clerkship Comm., Judicial Clerkship Handbook for American Indians and Alaska Natives, 18 (Am. 9 Dunnewold et al., supra note 4, at 9.
Indian L. Ctr., Inc. 2020) (ebook) (hereinafter PLSI Judicial Clerkship Handbook). 10 PLSI Judicial Clerkship Handbook, supra, at 3.
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