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Foreword Preface

Law students are increasingly interested in clerking for tribal This Guide is primarily for tribal judges, justices, peacemakers, and other persons charged
courts. Given this interest, the American Indian Law Center, Inc. Pre-Law with resolving Indian country disputes, and for judges in our tribal justice systems who need
Summer Institute (PLSI) Judicial Clerkship Committee and the National American support or more information on judicial law clerks. Judicial law clerks are different than
Indian Court Judges Association (NAICJA) have created this Guide to help tribal court clerks because they perform a different set of tasks.
courts hire and manage judicial law clerks and obtain funding for paid judicial
clerkships. Typically, judicial law clerks are current law students, recent law school graduates, or recently
barred attorneys. However, they can also be individuals with a M.A. in Law, Legal Studies, or
The topics in this Guide reflect the results of a survey the PLSI Judicial Clerkship Native American Studies. Judicial law clerks are full-time assistants to their judges. They assist
Committee and NAICJA conducted of tribal court judges and staff across the country tribal court judges in the following ways:
regarding whether tribal courts wished to hire judicial law clerks and what guidance
they needed, if any, to do so. Tribal court judges and staff overwhelmingly responded
that they wished to hire clerks, but that they wanted more resources about funding, Improving caseload management by researching
hiring, and managing the clerks. This Guide addresses the survey responses.
and writing bench memoranda, orders, and opinions
By way of background, the American Indian Law Center, Inc.’s Pre-Law
Summer Institute (PLSI) helps Native American students prepare for the
rigors of law school. PLSI created its Judicial Clerkship Committee to increase the Enhancing court operation and administration by collecting
number of Native American judicial law clerks because Native Americans are vastly and analyzing data and writing bench guides
underrepresented in clerkship positions which tend to open doors, including the door
to a judgeship. Native Americans are also severely underrepresented in the judiciary,
and a diverse judiciary is important to ensure that it reflects the population it serves. Improving court services by preparing
The PLSI Judicial Clerkship Committee consists of PLSI alumni who are current and
former judicial law clerks. The committee works to increase the number of Native forms, information sheets, manuals, and guides.
American clerks by mentoring students, by presenting at law schools and conferences
about the importance of clerkships and the hiring process, and by presenting at and Judicial law clerks are a mainstay of federal and state courts, administrative courts, and
funding students and tribal court judges to attend the American Bar Association’s military tribunals. They can become a mainstay of the tribal courts that implement the
(ABA’s) Judicial Clerkship Program. recommendations in this Guide. Clerks can enhance the efficiency and quality of a tribal
court’s decision-making process. In addition, creating more tribal clerkship opportunities
National American Indian Court Judges Association (NAICJA) is a
nonprofit organization comprised of more than 200 tribal, state, and federal justice for new attorneys and law clerks has long-term advantages. These jobs offer practical
experience for new clerks to learn how tribal court systems operate. A tribal court can
system personnel, including tribal leaders, judges, justices, peacemakers, court
personnel, and practitioners who are devoted to strengthening and supporting enrich a clerk’s legal education. Tribal judges can contribute to the development of the judicial
tribal justice systems. NAICJA has a long-standing history of providing training and profession by mentoring new lawyers and law students.
technical assistance to tribal judges and personnel. NAICJA has held the annual
National Tribal Judicial and Court Personnel Conference for the past 52 years where Ultimately, the goal of clerkships is to carve new pathways to the bench
it provides cutting-edge judicial training. The goals of NAICJA include advocating for by creating a new generation of prospective tribal judges.
tribal justice system funding, system improvements, cultural appropriateness of tribal
judicial education and training, supporting cooperation among federal, tribal and
state judiciaries, and providing a national forum for those working in the tribal justice
system. NAICJA is developing a pipeline to the bench by educating future and current
lawyers with the hope that they may one day become tribal, state, or federal judges.
NAICJA views the partnership between the tribal bench and their judicial law clerks as
a rich opportunity to build and strengthen tribal law.
- Lydia Locklear, PLSI Judicial Clerkship Committee
- Nikki Borchardt Campbell, NAICJA