Everything You Need to Know About Applying For and Clerking on a State High Court

Hey, law students, do you want a job that lets you think deeply about constitutional law, protect civil rights, and have fun? Last week, State Court Report hosted a conversation with four sitting state supreme court justices about opportunities for early-career attorneys that offer all that and more: state supreme court clerkships.

Justice Melissa Hart of Colorado, Judge Caitlin J. Halligan of New York, Justice Goodwin Liu of California, and Justice Melissa Long of Rhode Island discussed the role of state law clerks and offered tips on how applicants can stand out in the application process. Grace Spulak from the National Center for State Courts also joined to share information about a valuable resource where applicants can explore clerkship openings.

Missed the event? No worries. You can watch it here or read on for five key takeaways.

1. State courts focus on a wide range of issues, offering a unique opportunity for law clerks.

Like the U.S. Supreme Court, state supreme courts are courts of last resort. That means they have the final say about state constitutional and statutory interpretation — their dockets are “especially consequential,” Hart said.

Clerks have a unique opportunity to help with a diverse caseload involving issues specific to each state, including family law, juvenile law, employment law, criminal law, and even capital litigation. “There is a lot of state law out there on things that touch and concern people’s everyday lives, and that’s a very textured feature of state law practice,” Liu remarked. Clerks work on interesting issues that “matter not just to the parties in front of us but to litigants across the state,” Halligan added.

With some exceptions, state supreme courts have discretionary jurisdiction — meaning they can decide which cases to review — and “clerks are involved in that process,” Halligan said. “A quarter of our work is evaluating those applications and making decisions about which ones present questions that we should hear.”

High courts also have administrative power over the state judiciary, setting rules that all courts must follow. Hart mentioned that one of her law clerks each term is devoted to helping with an administrative initiative to expand access to justice. 

2. State clerkships help recent graduates develop valuable skills.

It is no surprise that clerks develop research and writing skills. But the justices emphasized that clerkships also strengthen “soft” skills, like collaboration and creative problem solving. Clerks “learn to disagree not just with respect, but with rigor," Halligan said.

Hart echoed Halligan’s sentiment. “We disagree with each other, but we disagree so well. It’s really wonderful.”

3. State clerkships lead to successful careers in diverse fields. 

State clerkships help prepare young lawyers for a multitude of jobs, given the ubiquity of state law across the legal field, and clerks go on to an array of rewarding careers.

“No matter what you end up doing in practice, whether you go into government, are at a big firm, or just about anything else you do, you’re going to encounter a lot of state law,” Lui said. “That’s not something a law school education really prepares you for.  An opportunity to clerk on a state court is one chance to get a head start on the reality of our legal landscape.” 

The justices said their clerks went on to federal court clerkships, work at nonprofits or in “Big Law,” and even pursued entrepreneurial paths. Long pointed out that U.S. Sen. Sheldon Whitehouse of Rhode Island clerked on the West Virginia Supreme Court.

4. Grades aren’t everything. 

The justices stressed that they consider multiple factors when choosing law clerks, including previous work experience, letters of recommendation, and cover letters.

“I don’t look at transcripts,” Hart said. Instead, she looks for legal writing ability and demonstrated commitment to public interest.

And work experience — whether before or after law school — is generally a plus. “I currently have an intern who served in Iraq and Afghanistan,” Long added. “His greatest accomplishment is better than any I’ll ever have, and that is he brought all his troops home alive.”

Justices also pay attention to letters of recommendation. “The most important work that a letter of recommendation can do is talk about how you are as a person and how you interact with other people,” Hart said. It can also highlight important traits like creativity, which are not always apparent in a transcript or resume.

Finally, applicants should put care into their cover letters. “You should take the opportunity to write a substantive cover letter, with two or three paragraphs,” Liu suggested. “That is the first impression that you make to your audience.”

“I often look really closely at cover letters to see what comes through in terms of your personality about why you want to be in a state supreme court and also why you want to be in the Rhode Island Supreme Court,” Long added.

If you’re interested in clerking in a state you’ve never lived in, don’t fret. The justices agreed a connection to the state isn’t necessary, so long as you can tell a compelling story about why the state interests you. “It is helpful to explain why you want to clerk in a state court and why you want to clerk in a particular state court as opposed to just sort of an undifferentiated sense that maybe I should do a clerkship somewhere,” Halligan explained. Long suggested applicants demonstrate willingness to contribute to the state’s community.

5. Clerking on a state supreme court is fun.

“Our clerks really like each other,” Hart said. “We have a bunch of clerk traditions. They have breakfast every Friday morning, they do a trivia thing every Friday . . . they’re just friends.”

“It’s fun because it’s intellectually engaging,” she added. “And it’s fun because you get to be with nice, interesting people.”

Jamie Muth is a program associate in the Judiciary Program at the Brennan Center for Justice.

Suggested Citation: Jamie Muth, Everything You Need to Know About Applying For and Clerking on a State High Court, Sᴛᴀᴛᴇ Cᴏᴜʀᴛ Rᴇᴘᴏʀᴛ(Mar. 26, 2025), https://statecourtreport.org/our-work/analysis-opinion/everything-you-need-know-about-applying-and-clerking-state-high-court