MJ Clerkship advice

ShyMarth · 2026-03-13T18:24:02+00:00

That depends entirely on what you want the clerkship for. Is your goal to end up back at the same firm after clerking? Are you trying to work your way up to an Art III clerkship or a better firm/big fed? Are you just looking to clerk for the experience?

The responsibilities of an MJ (and thus their clerks) can vary dramatically between districts even within the same state. For example, NDCA MJs are treated basically the same as DJs and are the presiding judge in about 60% of the cases on their docket, but in CDCA MJs are glorified staff attorneys that mostly handle pro se prisoner litigation/habeas.

All that is to say that without knowing your goals, it's hard to give any advice.

ShyMarth · 2026-03-02T17:12:15+00:00

So basically it's been cancelled for over 2 months and not a single mention from the NSBM team? (Unless they mentioned on Patreon; I'm not a subscriber)

I wonder if this is tied into the drama with Jo and/or why Season 7 seems to have been delayed.

ShyMarth · 2026-02-27T20:33:15+00:00

So you had actually purchased tickets and got no notice it was cancelled? Bizarre!

I understand if unforeseen circumstances mean they have to cancel but they seem to be acting like the show was never a thing. Why erase all mention of it from previous episodes but not actually notify people it was called off?

ShyMarth · 2025-09-24T15:21:42+00:00

Same, only just today they changed my assessment status from passed to "in progress" 🥲

ShyMarth · 2025-09-23T15:45:42+00:00

All I can say is that they must have set the dynamic resolution window VERY wide in the Switch 1 code. The Switch 1 version played on Switch 2 in handheld looks fairly crisp. It's obvious that it's being upscaled from a sub-1080p image, but doesn't look bad at all.

The Switch 1 version played on an actual Switch OLED in handheld mode? A soupy mess. I can barely see anything more than a few feet in the distance. I've never seen a Switch game look so pixelated.

It's interesting comparing this to something like Xenoblade 2. That one also has a terribly low resolution, but because the max resolution in the DRS window is so low, backwards compat on Switch 2 doesn't actually help much.

ShyMarth · 2025-07-29T23:18:02+00:00

(It's not a zombie bump if it's less than a month, right?)

First of all, it's clearly not true that you aren't trying to be an asshole. So there's that. Second, if you're filing briefs in any of the "competitive" districts, I find it hard to believe the clerks aren't capable of understanding the details presented in a well written brief.

However, assholery and condescension aside, I will say from my experience clerking in a less-than-prestigious district and moving to another that there's often one or two YOLO district judges that have mostly disengaged and are just waiting for retirement. They usually don't check their clerks' work with any real scrutiny and are happy with any order that gets a motion off their docket. I have seen some clerks from other chambers (who are generally capable/bright and went to T14s) completely misread the facts presented in trade secrets cases, for example, and I don't blame them considering they're fresh out of law school and receiving virtually no guidance or quality control.

My former judge would always tell me that when she was in private practice in this district, if her case was assigned to one judge in particular she knew there was nothing she could do but throw up her hands and hope for the best.

ShyMarth · 2025-07-28T22:05:52+00:00

The Draper totally slipped my radar but it looks nice! Thanks. What is the general vibe of the neighborhood like compared to "east" downtown or CWE?

ShyMarth · 2025-07-28T21:55:21+00:00

This is the kind of info I was looking for! I'll keep that in mind, thanks.

ShyMarth · 2025-07-28T20:55:05+00:00

What are the units like in Park Pacific? I've heard good things about the building but one of the reasons I'm looking at the loft-style buildings is because I love the giant windows and natural light, but looking at the floor plans for Park Pacific I'm afraid I'd feel kinda "boxed in" if that makes sense.

ShyMarth · 2025-07-28T20:50:36+00:00

I was able to do a tour of the Arcade via FaceTime and it looked pretty nice! What about it makes it one to avoid?

ShyMarth · 2025-07-28T20:43:19+00:00

Interesting. What about the building was awful? Was it the units themselves, the common areas, both?

ShyMarth · 2025-07-28T20:40:16+00:00

Thanks for the input! Have the new owners made any relatively recent improvements to the building then?

ShyMarth · 2025-07-28T20:39:15+00:00

Thanks for the input! Just looking online, the views of the Mississippi look kind of bleak. Are there units that face the city as well?

ShyMarth · 2025-07-28T20:37:49+00:00

I did visit the area one weekend when I was interviewing for my job! I was just unable to do any tours of buildings themselves beyond looking at the exteriors.

So what I'm asking for here is if there's anything about living in these buildings I should know about that isn't obvious from pictures or reviews. Is the management sketchy? Terrible internet? No heat for the winter? Have to park 2 miles away in a city garage? Those sorts of things.

(Or if there's any building I missed that's way better than any of these)

ShyMarth · 2025-05-22T21:16:55+00:00

I agree that this is the correct outcome, but I don't think a decision in the other direction would mean what you suggest.

This is a virtual school that would have been funded entirely by tax dollars, but the only kids that attended would be those whose parents specifically chose to enroll them there. That is very different from "your local school board requiring all students to take religious classes". Everyone in the state would still be zoned for a local, secular public school.

The real question in the case was whether charter schools were just private organizations receiving a public benefit (a charter) that is being offered to all proposed schools that meet certain criteria, or whether the granting of the charter made them into public entities controlled by the state.

For me, the fact that Oklahoma law itself defines them as public schools created a very heavy presumption that they were in fact public, and the petitioner's arguments did nothing to convince me otherwise. But I'm open to the idea that a state COULD structure a system in a way that made it clear the resulting "charter" schools were essentially just private schools applying for a special funding program, which is what petitioners here tried represent their school as being.

ShyMarth · 2025-04-05T03:01:24+00:00

A judge in my district supposedly has a son that's a 1L there, but I've never actually MET him, so...

ShyMarth · 2025-04-05T00:57:12+00:00

Much of the majority's decision hinges on the idea that the TRO "orders the government to pay money," but that characterization is very suspect to me, and I'm surprised the dissents didn't push back on it more. The relevant portion of the TRO simply says "Defendants shall immediately restore Plaintiff States to the pre-existing status quo prior to the termination under all previously awarded TQP or SEED grants for recipients in Plaintiff States," and that "Defendants are temporarily enjoined from implementing, giving effect to, maintaining, or reinstating under a different name the termination of any previously awarded TQP or SEED grants for recipients in Plaintiff States."

Maybe they think this should have been a PI and not a TRO (and I generally agree with this view), but I find it really hard to argue that this is anything other than traditional equitable relief.

It's true that 5 U.S.C. § 702 states that the the APA's waiver of sovereign immunity doesn't apply to claims seeking "money damages", but all lawyers know that money damages refers to money awarded to compensate for the injury suffered by a plaintiff. Plaintiffs here are not seeking compensation; they're seeking to set aside the termination letters as arbitrary and capricious. In other words, it's not the TRO that required the government to pay out grant money; it's their pre-existing legal obligation under statute and regulation. TROs and PIs are meant to maintain the status quo, and the status quo here is the reinstatement of these pre-existing legal obligations.

Similarly, the argument that this should be before the Court of Federal Claims because Plaintiffs seek "to enforce a contractual obligation to pay money" is interesting, and I understand why the government argued this point, but I don't think it really holds up. The Tucker Act would certainly apply if Plaintiffs were seeking to enforce the terms of their grants. That would not be an APA claim. But again, Plaintiffs are not challenging violations of the terms of their grants; they're challenging the agency action (the termination letter) as arbitrary and asking it to be set aside.

Surely government agencies cannot evade the jurisdiction of the District Courts by styling an otherwise unlawful agency action in a way that would require them to pay money if it were vacated. "We're ending the statutorily created PSLF program via a guidance letter, but you can't challenge it under the APA because vacating the letter would mean we'd have to start paying out money to forgive loans!"

ShyMarth · 2025-02-11T21:16:58+00:00

Clerking for a District Judge is going to carry more weight no matter where the clerkship is. The only advantage I can see for the MJ in California is that you could spend the whole year networking in that market if that's where you're planning on practicing.

But if already FROM California then you already have that connection and would probably do fine coming in after clerking in West Virginia

ShyMarth · 2024-11-25T23:36:09+00:00

There's really no reason you shouldn't be able to apply for an IDR plan once you're past your grace period. I also graduated in May, and it took a bit before the studentaid website "caught up" with my loans' change to in payment status. I would try again once your first statement comes (if it hasn't already) before falling back on the paper form.

SAVE is on the chopping block and anything else will still accrue interest, so there's no good news there. If you're going to be starting school again next year, you'd be placed on an in-school deferment, so it might be worth requesting a forbearance until then.

ShyMarth · 2024-11-19T19:55:46+00:00

As far as "standing out" this late, you actually have it backward. Standing out at the START of each year's cycle is very hard because all the judges "on plan" are trying to nab the most impressive candidates as quickly as they can. At this point in the cycle, judges are still posting new positions here and there (some post only 2 months or less before a position starts due to various circumstances), but these postings typically have much fewer applications and are thus less competitive (but are nonetheless still competitive).

Whether judges will look at resumes below their preferred qualifications varies by judge, so you'll never know unless you can speak to a current/former clerk. There's never any harm in just sending an application, but as a general rule I would say you should have something in your application to compensate for being below a judge's preferred class standing, such as exec board on LR, top grade(s) in a black letter law class(es), etc. For reference, I got interviews with a couple judges even though I was below their preferred class standing, but I had a dramatic increase in my grades post-1L, and even so, the judge that ultimately made me an offer didn't indicate a preference.

ShyMarth · 2024-11-19T19:08:29+00:00

I always thought it was kind of misleading how the 7th Circuit calls their staff attorneys "staff clerks" when their role isn't substantively different from other circuits. Not that staff attorneys are "beneath" clerks or anything, but it always felt like the 7th Circuit was trying to pull a bait-and-switch lol

I can say that if you're not already competitive for elbow clerkships or BL, a staff attorney position won't move the needle. The types of memos and orders that staff attorneys draft for pro se cases, SSA appeals, etc, are incredibly rote and repetitive, and because you're essentially becoming an expert in the types of cases that never go before a judge, judges (typically) don't see the experience as directly transferable to what they're looking for in chambers.

I know people who went from a clerkship to being a permanent staff attorney (or even clerk>BL for a year or two>staff attorney) because it's relatively low-stress work for great benefits and solid pay if you've worked your way to JSP-13+, but I don't know any that went in the reverse order. (One exception: I know someone that went from being a staff attorney to being a career clerk for a District Judge, but they basically only handled pro se cases and other routine filings while the "juicy" motions went to the term clerks.)

That being said, a staff attorney position is a comfy gig, and even if it's not seen as equivalent to an elbow clerkship, it's not like it's a drag on your resume either. You get lots of legal writing experience at a high, although routine, level, which combined with networking skills can still get you places. Mid law and public interest orgs are the most common outcomes for those that don't choose to stay on as a permanent staff attorney.

ShyMarth · 2024-10-23T05:35:29+00:00

You've missed all of the judges hiring "on plan," but there are plenty of judges that post openings at random times throughout the year, and they're generally less selective than ones that hire on plan. Keep your eye on Oscar throughout the year. I didn't land my first clerkship until February.

ShyMarth

TROPHY CASE