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2. Writing Test B. Hiring a Judicial Law Clerk

Some tribal courts administer a writing test after the initial interviews. Typically, the test is an After the judge selects a judicial law clerk, the court needs to complete additional paperwork to
assignment that allows the judge to assess an applicant’s research and writing skills. The judge comply with the tribe’s employment process. The judge needs to write a clerkship contract for
may ask applicants to complete a draft opinion or bench brief. Everyone gets the same writing services, and may need to complete law school paperwork for judicial interns and externs.
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assignment so that the judge can compare writing styles and skills on a level playing field.
The writing test reduces the applicant pool to a final candidate. It can present a typical problem 1. Employment
that the judge encounters on a daily basis or a more challenging question. It should pose a real or
hypothetical problem tailored to the court’s needs. The problem may involve tribal law on an Indian Employment processes vary widely from tribe to tribe. The judge should inquire about the tribe’s
law issue. An Indian law problem allows the candidate to demonstrate the ability to research the hiring process to determine what steps are needed to advertise, interview, select, and hire a judicial
tribe’s law, policy, and culture. law clerk. This Guide describes a general hiring process.
The test assignment should require the candidate to research and write a memorandum for the
presiding judge. The judge should include precise formatting details in order to see how well a
candidate follows instructions. The test should include a short deadline, such as one or two weeks. 2. Services Contract
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A time constraint demonstrates an applicant’s productivity and ability to work under pressure.
The contract should reflect the expectations and duties of the judicial law clerk. The clerk will have
discretion on how to complete the duties and projects assigned by the judge, but the judge must
3. Approval provide clear instructions with deadlines, review, and feedback. The contract should include the scope
of work, compensation, duration, behavior and conduct, ownership of work product, modification,

Once the judge chooses a candidate, they may need to confer with other tribal entities for final liability, reporting supervisor, and the court resources the clerk can access, such as equipment, library
approval and to determine if the candidate must submit any additional materials. resources, and legal databases.

A sample contract for services is attached [Appendix L]. The tribal court may require final approval or
4. Extending an Offer execution of the contract by another official or entity. If required, the judge should check with their
employer and any external funding entity to make sure all necessary provisions are in the contract.
The contract should include termination provisions, such as:
A judge may extend a job offer at the end of the interview, within a few days after getting approval,
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or in a few weeks after reviewing the writing test. A judge may make an “exploding offer,” which ᆤ End of the contract period;
the candidate must accept immediately, or the offer expires. Most candidates apply for multiple
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clerkships, so the candidate may want additional time to consider the offer and to negotiate some ᆤ Loss of funding/end of funding period;
details. Usually, a candidate accepts the offer by phone when the judge calls. The judge may also send
an offer letter that requires the offeree to submit an acceptance letter. 91 ᆤ Failure to comply with contract terms (breach); and

ᆤ Any/no reason with notice given a fixed number of days/weeks in advance.
The contract should specify what the clerk must submit at the end of the clerkship: memos, research,
notes, access passes, keys, etc. As a best practice, the contract should require the clerk to write a
transition memo that describes the status of pending and completed projects. This memo helps the
judge evaluate the clerk’s performance and complete any outstanding projects (or assign them to the
next clerk).

3. Intern/Extern

Most law schools require a contract for internships and externships. The hiring process will vary
85 PLSI Judicial Clerkship Handbook, supra note 2, at 20. according to the contract. For example, a judge may need to consult with the law school’s internship
86 Id. or externship committee to submit the correct paperwork. Every law school has specific requirements,
87 Id. and the student is responsible for learning and meeting them. Before starting a position, the intern/
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88 Id. extern should thoroughly review and understand the law school program guidelines.
89 Id. at 21.
90 Id.
91 Id. 92 Case & Tompkins, supra note 1, at 23.
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