Civil Placements | Criminal Practice Placements | Judicial Clerkships Placements
Information for Students
Information for Judges and Supervising Clerks
Information for Students
Students may apply for Judicial Clerkship Externships through the Clinics Office following procedures outlined in the online Clinical Education Guide. Students interested in applying for a Judicial Clerkship Externship should also review the Judicial Clerkship Externship Clinic Student Manual.
Placement Descriptions
Federal Courts
State Courts
Administrative Law Judges
Courts in The Federal System
The federal judiciary is a three-tier system composed of District Courts, Courts of Appeal, and the Supreme Court. It also includes various courts of limited jurisdiction. Some of these courts also have pool positions. In addition, positions with specific subject-matter courts are occasionally open.
Only students with strong academic credentials and sound research and writing skills should expect to be placed with a federal court judge.
United States Circuit Courts of Appeal
In general, the first appeal from a decision of a federal district court is to a federal circuit court of appeals. The district courts are grouped into eleven circuits; there is one court of appeals per circuit. The federal courts in New York State are in the Second Circuit. In addition to considering rulings from district courts, the courts of appeals review rulings of administrative tribunals, such as the National Labor Relations Board and the Board of Immigration Appeals.
A student externing in the Second Circuit should expect to work primarily on legal research, assist in drafting legal memoranda or draft opinions, and occasionally to observe appellate argument. There will rarely, if ever, be any contact with lawyers or litigants. A few externships are occasionally available with judges whose chambers are in New York City or Long Island.
United States District Court
- District Court Judges
The district courts comprise the first tier of the federal court system. They have jurisdiction over cases arising under federal question and diversity jurisdiction. Federal district courts consider a broad range of criminal and civil matters.
A student extern for a federal district judge can expect to observe court proceedings, assist in writing legal memoranda, jury instructions, and draft opinions, among other duties.
In the New York City area there are federal district court placements in Brooklyn, Manhattan, Long Island, and Westchester.
- Magistrate Judges
Magistrate judges in the federal system are judicial officers who perform many functions similar to those performed by district court judges. In most instances, magistrate judges do not have the authority to act as the final decision-maker. Nonetheless, because of the substantial overload of cases in the federal courts, magistrate judges have been given great responsibility. Magistrate judges assist in the pretrial stages of cases by, among other duties, handling discovery matters, making recommendations on motions for dismissal or motions for summary judgment, and issuing arrest warrants. In addition, magistrate judges can sentence individuals accused of minor criminal offenses. Magistrate judges may also conduct all of the proceedings in civil cases, upon the consent of all parties.
A student extern working for a magistrate judge can expect to write legal memoranda, observe courtroom proceedings, and assist in drafting opinions and recommendations.
Each federal district court has magistrate judges connected to it. In the New York City area there are placements with magistrate judges who sit in Manhattan, Brooklyn, Long Island, and White Plains.
United States Bankruptcy Court
The United States Bankruptcy Courts have jurisdiction over claims arising under the federal bankruptcy laws. Cases in these courts present issues arising not only under the bankruptcy statute, but also in many other areas, such as contract law, labor law, and tax law. A student extern working for a bankruptcy judge can expect to write legal memoranda, observe courtroom proceedings, and assist in drafting opinions.
Judges on the Bankruptcy Court generally require prior course work in the field. If you have prior experience in finance, banking, or securities, that experience will often be sufficient even in the absence of related course work.
Each federal district court has a companion bankruptcy court. There are placements in bankruptcy courts in Brooklyn, Manhattan, and Long Island.
Court of International Trade
The United States Court of International Trade has jurisdiction to hear cases involving the customs laws of the United States. The Court rarely considers cases involving public international law. It is somewhat uncommon for the Court of International Trade to accept student externs. An extern with the Court of International Trade can expect to have contact with lawyers, write legal memoranda, and draft opinions in areas related to international business. If you are seeking an opportunity in this court, it is advisable to check with the Career Center for the names and addresses of judges who might be accepting externs.
Pro Se Clerks and Staff Attorneys
In addition to positions with individual judges, there are positions available in the federal system for persons who wish to work as externs for staff attorneys with a court. Staff attorneys generally write legal memoranda describing and analyzing cases to be considered by the Court. Cases assigned to staff attorneys contain a broad array of legal issues. Staff attorneys sometimes work closely with the judge or judges who will consider the case.
Many courts also have clerkship positions in which attorneys only write legal memoranda about claims brought by pro se litigants. These cases include many different types of legal issues. Some of the pro se clerk positions last one or two years; others are career appointments.
In the New York City area, student externs can be assigned to staff attorney or pro se clerk positions in the Second Circuit, and in the Southern and Eastern Districts of New York.
State Courts
State courts have structures similar to that of the federal system. They have trial courts of general jurisdiction, intermediate appellate courts, and an appellate court of last resort. However, unlike the federal system, there tends to be much more specialization within the state court system. For example, some judges will hear cases only involving landlord tenant and other housing matters. Some will be limited to criminal cases, matrimonial cases, or family matters.
Appellate Division of the Supreme Court
The Appellate Division of the Supreme Court has Appellate jurisdiction over civil and criminal cases decided by the Supreme
Court, over civil cases decided by the County Courts, and over cases decided by the Family Courts. There are two departments of the Appellate Division in New York City, one in Manhattan (First Department) and one in Brooklyn (Second Department).
Students externing for Appellate Division justices write legal memoranda and draft opinions. There is little contact with attorneys or litigants.
Supreme Court
The Supreme Court of New York is the general trial court in the New York system. It has jurisdiction over all state crimes, over many civil matters, and over some domestic relations proceedings. Most of the Supreme Court justices are assigned to either the civil or criminal part of the court and only handle matters in that area. Also, within the Civil Part, there are judges whose cases may be limited to commercial, matrimonial or trials. There are branches of the Supreme Court throughout the state. In New York City, courts are located in each of the five boroughs.
Student externs for a Supreme Court justices perform a range of tasks. They can expect to assist in writing a legal memoranda, drafting jury instructions and draft opinions, and may observe case conferences and trials.
Family Court
The New York State Family Court is a trial court with jurisdiction over civil cases involving among other matters child abuse and family disputes and over criminal cases involving juvenile delinquents. There is a Family Court in each of the five boroughs of New York City. Student externs in the Family Court write memoranda and observe case conferences and trials. In
conferencing a case, they sit in at meetings with attorneys to resolve issues arising in cases and to try to negotiate settlements.
Surrogate's Court
The Surrogate's Court has legal and equitable jurisdiction over the affairs of decedents and their estates and guardianship of minors (including adoption). There is at least one Surrogate in each county. Student externs can expect to assist in writing memoranda and drafting opinions and observe the out-of-court work of the Surrogate. Students normally work closely with the court's staff attorneys rather than the Surrogate.
A student working in the Surrogate's Court should have taken at least one course in the trusts and estates area.
Civil Court of the City of New York
The Civil Court of the City of New York is a trial court with jurisdiction over civil cases of less than $25,000. The Civil Court has branches in each of the five boroughs.
The Civil Court is divided into three sections: a general civil part, a housing and landlord/tenant part, and a small claims part. The general part hears a wide range of civil matters with amounts in controversies under $25,000. The housing and landlord/tenant part hears residential disputes. Commercial property disputes are considered in the Supreme Court. The small claims part considers claims under $3,000. Judges in the Civil Court are assigned to either the general civil part or the housing part. Each judge of the general civil part is periodically assigned to duty in the small claims part, generally for one week at a time.
A student extern in Civil Court can be assigned a variety of duties including drafting opinions, writing memorandum, observing case conferences and trials and assisting in the courtroom.
Administrative Law Judges
There are various administrative agencies in both the state and federal government that may offer students opportunities as externs. In general, the responsibilities of the student will be similar to those in other courts: review records, conduct research and assist the judges in drafting orders and decisions. The following are some of the agencies that may accept externs.
Equal Employment Opportunity Commission
This is a federal agency that reviews claims of employment discrimination.
National Labor Relations Board
This is a federal agency that receives claims by workers who believe that their union or their employer acted in violation of the National Labor Relations Act.
Department of Consumer Affairs
This is a state/city agency that hears complaints brought by consumers against merchants and providers of services
Information for Judges and Supervising Clerks
Extern Evaluation Form
You may download the Judicial Clerkship extern evaluation form in one of the following formats:
Submit the completed form in any one of the following ways:
- send the electronic file as an email attachment to clinics@brooklaw.edu
- print out the form and fax it to (718) 780- 0367
- print out the form and mail it to Professor MaryJo Eyster, Brooklyn Law School, One Boerum Place, Brooklyn NY 11201.
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