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3. Court Administration C. Terms of Employment

Judicial law clerks can assist with court administration, but this should not be their primary function.
A clerk may perform additional duties during hearings and trials by marking exhibits, researching This section provides a general overview of different types of employment a tribal court may offer
evidentiary issues, and preparing jury voir dire and jury instructions. A clerk can stand in for court to a judicial law clerk. The tribal court may hire the clerk as a tribal employee, intern, extern, or
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staff, if necessary, by setting up the courtroom, announcing the judge, administering oaths, accepting independent contractor. Each position offers benefits and disadvantages to the tribal court. Therefore,
exhibits, and operating court equipment. However, a clerk mainly seeks a clerkship to gain practical
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the judge must consider which type of clerk the court needs.
legal experience. Therefore, the judge should minimize a clerk’s administrative duties to ensure an
optimal learning experience.
1. Contract Employees

4. Contribution to Legal and Judicial Profession The tribal court can hire the judicial law clerk as a contract employee, also known as a “traditional

clerkship.” This position is for new attorneys looking for an “apprenticeship-type” position.
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The goal of a clerkship is to prepare judicial law clerks for success in the legal profession and the Traditional clerkships are usually one- or two-year commitments. Some tribal courts retain “career”
judiciary. A clerkship opens the door to career advancement because clerks develop a “behind-the- or “permanent” clerks who assist judges indefinitely. These multi-year clerkships are rare and
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scenes” understanding of how courts operate.
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competitive in tribal courts. Therefore, the career tribal clerkships are highly sought by prospective
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Many employers find this knowledge valuable because a clerk learns how a judge thinks, make candidates.
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decisions, and runs the courtroom. Most importantly, a clerkship offers a hands-on opportunity for a A traditional judicial law clerk’s terms of employment are determined by contract. These employees
tribal judge to train a new prospective judge.
might receive fringe benefits, such as paid time off, medical insurance, or retirement contributions. A
portion of the clerk’s earnings are withheld for tax purposes, and the hiring organization pays Social
5. Cultural and Community Values Security and Medicare taxes.

A tribal clerkship will be the first experience working in an Indigenous community for many judicial 2. Interns and Externs
law clerks. Clerks will have the chance to develop new relationships within and outside the tribal court.
They will learn not only from the judge but also from the cultural community. These relationships Tribal courts may utilize law students in judicial internships or externships. These positions are short-
offer exclusive opportunities for the clerk to learn and understand tribal customs and culture. Clerks term and usually span a semester or summer. These clerks perform the same work as traditional
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working in Indian country have a unique perspective from which to view alternative forms of dispute clerks, but on a limited scale. These positions are an excellent resource for tribal judges with limited
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resolution and to help tribal judges develop new areas of tribal law.
funds. Judicial internships and externships offer an opportunity for tribal judges to see how their
courtrooms can benefit from temporary clerks and traditional clerks.

It is important to note that there are limitations for tribal judges when working with law students.
The ABA prohibits law students from working more than 20 hours a week. Typically, only second-
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and third-year law students may participate in these programs. In addition, a judge “cannot delegate
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his professional responsibility to a law student employed in his office.” The extern or intern cannot
perform the “professional functions of a lawyer” until admitted to the bar. “The student in all [their]
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work must act as agent for the [judge] employing [them], who must supervise [their] work and be
responsible for [their] good conduct.” 35

26 Case & Tompkins, supra note 1, at 22.
27 Id.
28 PLSI Judicial Clerkship Handbook, supra note 2, at 2.
29 Case & Tompkins, supra, at 23.
30 Dunnewold et al., supra note 4, at 10.
31 Id. at 11.
32 A.B.A., Frequently Asked Questions (accessed Aug. 6, 2021), https://www.americanbar.org/groups /legal _
22 Case & Tompkins, supra note 1, at 14. educ‍ation/r esources/frequently_asked_questions/.
23 Dunnewold et al., supra note 4, at 4. 33 A.B.A. Opinion 85 (1932).
24 Id. 34 Id.
25 Id. 35 Id.
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