Behind the Scenes - September 26, 2008

My clerkship has been quite an enlightening experience. Not only is this experience one that will be (and has been) an advantageous move for my career, but I am gaining insight that is priceless. The benefits beyond the demarcation on my resume - as if it was needed – having a “behind the scenes,” entirely hands on view of the judicial process is proving to be an undertaking that will ensure I can succeed in the future.

Having the ability to walk into a courtroom and understand what the judge wants to see, hear and act before any words leave my mouth and prior to stepping through the door, is extraordinary. I have trouble believing that attorneys can compete with persons who have had a judicial clerkship. Add the incredible knowledge of the inner workings of a Judge to the fact that Federal Court tends to be far more demanding and procedurally based, and the result is quite the vault to superb trial advocacy.

I am content knowing that most persons who are given the same access I have obtained end up at large corporate firms, making unbelievable amounts of money. My solace is not out of the want to earn mountains of money, but stems from my knowledge that very few attorneys I will be facing will have this same experience to boost their abilities. (It is also nice to know that I could possibly be doing the same.) Being a step ahead in more advanced running shoes gives me just enough confidence to be able to zealously advocate all the way to the finish line, no matter the race, and, perhaps, reach the tape as the winner.

My Judge is incredibly down-to-earth, caring, insightful, and unassuming – not to mention brilliant. He embraces each of his Clerks and Interns as a member of the team, ensuring we are all on the “same page” by conferencing with us. The fact that he is very much approachable is the ice cream in the cake. I have the confidence to walk up to any Judge (federal or otherwise), and start a conversation. Many of my peers have either exhibited or communicated hesitation when in the presence of or contact with a member of the Judiciary. When it comes down to it, confidence and proper self-projection is all that is needed.

Of my favorite experiences outside those with my own judge, the relationship I have been building with another is press-worthy.

Upon my arrival to Chambers, I usually approach the Courtroom Deputy (known as the Court Clerk in state courts) and ask if there is anything on the calendar. Two weeks ago, I stopped by her office and asked the normal questions. She informed me that the calendar for my judge was empty. As I began to walk away (after thanking her, of course) she stopped me in my tracks and notified me that there was a trial in progress two courtrooms down. She asked if I was interested in sitting-in on the proceedings, which I excitedly responded to with an excited affirmation.

As we walked down the hall that connects the four courtrooms on this floor of the building, the Courtroom Deputy of the court hosting the trial walked out of his office. My Court Deputy stopped him and inquired about the purported trial. He confirmed the rumor of a trial, and invited me to join he and the judge in the courtroom.

The courtroom is a spectacular, overwhelming place. The judge has to walk up a few stairs to his “bench.” The bench faces the public entrance to the room, and is so large that your eyes automatically focus directly on it upon the opening of the door. Behind the judge is a grandiose seal of the United States. To the Judge’s right is an American flag. A desk the length of the judge’s is tiered below and in front of the judge. At this enclosure, sits the courtroom deputy and the court reporter. To the right of the “Bench” is the jury box that is lined with over a dozen chairs. To the left of the Bench sits a small desk, near the entrance to the courtroom from the Chambers. At this desk a Clerk or Intern sits during the trial, and is situated in a very unassuming way. The witness box sits 8-to-10 feet in front of the clerk’s desk, and is an island that is enclosed to mid-chest-height on three sides (open on the side nearest to the clerk.) The witness faces the jury from across the room. The walls and desks are lined with a rich cherry wood. The ceiling sits fantastically high, and feature a frosted glass fixture no smaller than 10 feet by 10 feet. When entering the building an overwhelming feeling is undeniable. As one walks into the courtroom, you cannot help but feel an immensity of reverence and respect for the proceedings. It is a fantastic display of American tax money.

I explained the foregoing to give foundation for the proceeding. I took my place at the clerk’s desk in the courtroom, as the Deputy directed. The Judge entered, and the trial proceeded. It was boring and far from any practice in which I wish to engage. As a result of the trial, I know far-too much about IRS policies, investments, estate planning and accounting to be a happy person. Obviously, this is not what made it one of my favorite experiences outside those with my own judge.

During the middle of a trial, the judge stood up in his seat. An attorney was conducting the direct examination of a witness, when the judge turned towards me, and walked in my direction. Unaware of what he was doing, I gazed on wondering what he would do next. He approached my table and asked me my name and for whom I interned. When a judge asks you a question, you give him an answer, regardless of what is going on in the near proximity. After answering, he introduced himself, and proceeded to relay to me his thoughts about the performance and abilities of the attorneys conducting the trial. While I was wallowing in perplexity about what was occurring, one of the attorneys objected to a question. The judge abruptly ceased speaking with me and announced that the attorney would have to repeat the question to which the other attorney objected. As he sauntered back to the Bench, he looked at the jury and notified them that he usually hears everything, except when he is talking. The jury giggled, and the trial continued as if nothing occurred.

I sat at the table trying to digest what had occurred. I guess this is what happens when you have held position of high authority for over three decades and told that your job is secure for life. You stop caring what people think about you, and you do as you wish within the practical bounds of your position. This wandering and conversation during trial occurred multiple times throughout the remainder of the day. I really got a nice bite of the judicial apple. I definitely know exactly what the judge tastes.

I have picked up what I believe to be a great habit: I write thank you notes to people as a way network. The personal touch of handwriting is nearly always well-received, especially because we live in a digital society. I prepared and transmitted to the Judge a note thanking him for his time and warmth in court two days prior. I think it did the trick, thus building me a great connection to another judge.

I also recently was granted the opportunity to interview for a clerkship with the U.S. Attorney. Their offices are located a few floors below my judge’s chambers. The same people who would not respond to my inquiries and applications last year suddenly see me as a person of interest. I can only imagine this is because of my current internship with the federal judge; it seems to be a skeleton key to interview doors.

Anyhow, the interview was the shortest I have experienced to date. In a period of no more than five minutes, we progressed from start to finish, and may have forgotten to breath. I arrived in the office, only to sit and wait 15 minutes. Earlier that same day, I had the opportunity to see the interviewer in court, in front of the wandering judge. It was some great luck, as it opened the door for conversation about my clerkship, as well as adding a personal touch to the exchange.

When the Attorney Interviewer came to the waiting area, he ushered me in and began to power-walk towards the back of the office, where his work area was located. He was walking at such a feverish pace that I struggled to maintain a close proximity at a walking pace. I was at the threshold of jogging, but not quite there. It was an awkward situation. As we sped down the hallways, he asked me if I was a U.S. citizen. I replied that I am, and tried to keep my exhausted breathing under control while doing so. As we scurried about, he made a comment about the interview being the place where they see if my writing skills, application and resume match up with the interviewee. They also wished to see how I handled myself on-the-spot and in the flesh.

When we reached his office, he took out a file containing a load of papers. He searched through the file and pulled out a document that looked like my resume. I had to do a double-take, because it looked like my resume’s style, but was missing a whole page. I realized that he had removed the second page of my resume, which I considered rare. I couldn’t figure out why he chose the second page and not the first. As he started asking questions, I realized what he was after. Page two contains my involvements, awards and honors.

The first question was in regards to my position as editor of the law school newspaper. He wanted to know how many times it was published. His question was a lesson in interviewing: never assume you know what the interviewer wants to know. I told him that we publish once per semester, and sometimes do some smaller issues once or twice. Telling the truth paid off. He told me that he was satisfied that it was not going to take up too much of my time.

Good answer.

He then picked out a few of my awards and honors, wondering what they were for, or why I was a recipient. Immediately after, he stated that wrestling in college must have taken up a decent amount of time. I gave a stock answer, and we moved on. He wanted to know about the unemployment organization with whom I participate. After I explained in a summary fashion, he asked why I wanted to practice criminal law. This question has been rehearsed many times, as it is a regular interview question for criminal law organizations. I told him that I wanted to practice criminal law because money is petty. Civil law deals with things that are often unimportant and regularly boring. I would rather deal in lives. Criminal law requires more zealous advocacy, and, in addition, I have a passion for courtroom advocacy. Criminal law is the most assured way to be inside a courtroom instead of at a desk. After I gave my response, he asked me how I have attempted to get experience in trial advocacy. Upon listing the litany of experiences I have undertaken, I was cut off.

The interview ended, and the hurried pace was obviously for a reason. He explained that, should I get an offer, I would receive a packet in the mail. The packet would require me to answer questions about my past private and public life. Questions would include a listing of every place I have ever lived, every school I have attended, my work history, traffic tickets (I have none), arrests, citations, etc. He explained that 10-12 percent of people who submit for a background check do not pass for one reason or another. The background investigation would take no less than 90 days.

He asked me if I had any questions – he obviously wanted things to end, so I sat quietly. It was then that I realized that I never discussed my federal judicial clerkship. It was, of course, on my resume, but I was unable to discuss it in person.

As we left, he thanked me for my time. I told him that this was not inconvenient at all, as I work three floors above him. I then told him that it was I who was thankful for his time. As we walked back towards the exit, I decided that merely telling him that I worked three floors above was not enough to drive home my prized internship. It was time to bring out the “big guns.” I told him that I happened to see him in the wandering judge’s courtroom earlier in the day. I notified him that I saw him perform in court that day, though in a limited form (it was a sentencing). I think I got my point across.

He said that I would be notified of my status by Columbus Day. So, whenever Columbus Day occurs, I will know. I am not holding my breath on this one. Short interviews are never a good thing. However, when you interview with a governmental agency with an innumerable number of resources at their disposal, they know everything about you that they need or want to know.