From sitting in at pretrial conferences to helping with motions to conducting legal research to preparing voir dire
questions and jury instructions, judicial clerks are closely involved with cases. "They may also help in chambers, write speeches, and accompany the judge to events," Strauss said. Most appointments last for a year, but some clerks hold the position for up to five years, with qualifications and appointments differing by jurisdiction. Judicial clerks' tasks often vary according to the level and location of the court for which they work. While clerks at the trial level are highly involved in the courtroom, "there are clerkships at the appellate level which involve more research and writing in chambers and less courtroom exposure," said Strauss, noting that judges often rely heavily upon their clerks' research and writing skills.
Research and writing have taken up the majority of Mary Theresa Kenny's time. The recent graduate of Pace University School of Law just finished a one-year clerkship at the New York State Superior Court's Appellate Division, Third Department. "We prepared preliminary reports for the panel of judges who will be hearing a particular case," Kenny described. Between reading trial court records, identifying and researching legal issues, and writing recommendations to the court, Kenny found she had to manage her time well. "We had deadlines, and I needed to understand that I wasn't going to get an extension," said Kenny.
In addition to time constraints, judicial clerks are challenged by "having to switch caps so quickly," Kenny said, explaining she could find herself researching labor law one day and writing about criminal issues the next. "You need to be able to work under pressure and juggle many different tasks," agreed Strauss. "The knowledge that what you do is real, rather than a law school exercise, is a bit overwhelming at first." Kenny found the reality of her job one of the most rewarding parts of her clerkship, particularly "when you're involved in a case where someone has been seriously wronged and lost on the lower level and the court is able to rectify the situation."
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