{"id":138657,"date":"2025-12-09T17:18:56","date_gmt":"2025-12-10T01:18:56","guid":{"rendered":"https:\/\/xira.com\/p\/2025\/12\/09\/are-judicial-clerkships-a-hazard-or-is-there-a-clerkship-for-everybody\/"},"modified":"2025-12-09T17:18:56","modified_gmt":"2025-12-10T01:18:56","slug":"are-judicial-clerkships-a-hazard-or-is-there-a-clerkship-for-everybody","status":"publish","type":"post","link":"https:\/\/xira.com\/p\/2025\/12\/09\/are-judicial-clerkships-a-hazard-or-is-there-a-clerkship-for-everybody\/","title":{"rendered":"Are Judicial Clerkships A Hazard, Or Is There A Clerkship for Everybody?"},"content":{"rendered":"<figure class=\"wp-block-image alignright is-resized\"><img data-recalc-dims=\"1\" decoding=\"async\" loading=\"lazy\" width=\"852\" height=\"563\" src=\"https:\/\/i0.wp.com\/abovethelaw.com\/wp-content\/uploads\/sites\/4\/2016\/03\/caution-warning-danger-safe-unsafe.jpg?resize=852%2C563&#038;ssl=1\" alt=\"\" class=\"wp-image-64228\" title=\"\"><figcaption><\/figcaption><\/figure>\n<p>Soon after I launched <a href=\"http:\/\/legalaccountabilityproject.org\/\" rel=\"nofollow noopener\" target=\"_blank\">The Legal Accountability Project<\/a> (LAP), I met with a Washington University in St. Louis School of Law (WashU Law) professor to talk about LAP\u2019s work. There\u2019s no love lost between me and my alma mater: after I was harassed and fired from my clerkship, I learned WashU Law administrators and professors knew the judge who harassed me had harassed another alum a few years earlier \u2014 but chose not to share that with me before I accepted the clerkship. I could have gotten over that, but for the fact that three separate <a href=\"https:\/\/www.reuters.com\/legal\/legalindustry\/judging-judges-new-database-lets-law-clerks-speak-out-2023-06-14\/\" rel=\"nofollow noopener\" target=\"_blank\">deans<\/a> subsequently told me they \u201cdon\u2019t believe\u201d I was mistreated by the judge I worked for. And the law school cancelled <em>four<\/em> LAP events in just three years, including one with another alumnus who\u2019s a federal judge. So, it was unsurprising that this professor said: \u201cYou seem to think clerkships are a hazard, whereas I think there\u2019s a clerkship for everybody.\u201d<\/p>\n<p>That framing stuck with me as LAP struggled to convinced law schools to subscribe to our Clerkships Database (\u201cGlassdoor for Judges\u201d). Some even <a href=\"https:\/\/abovethelaw.com\/2025\/01\/yale-law-school-bars-students-from-accessing-information-about-abusive-judges\/\" rel=\"nofollow noopener\" target=\"_blank\">tried to bar students from subscribing<\/a>. Before LAP launched the <a href=\"http:\/\/survey.legalaccountabilityproject.org\/\" rel=\"nofollow noopener\" target=\"_blank\">Clerkships Database<\/a> \u2014 <a href=\"https:\/\/www.govtrack.us\/posts\/540\/2025-09-16_federal-judges-are-above-the-law-in-the-workplace-how-a-glassdoor-for-judges-will-help\" rel=\"nofollow noopener\" target=\"_blank\">serving<\/a> thousands of students annually while <em>collecting data<\/em> on the incidence of negative versus positive clerkship experiences \u2014 school administrators framed LAP as <a href=\"https:\/\/abovethelaw.com\/2024\/08\/law-schools-are-part-of-the-problem-and-the-solution-to-the-broken-clerkship-system\/\" rel=\"nofollow noopener\" target=\"_blank\">\u201cdissuading\u201d students<\/a> from clerking.\u00a0\u00a0<\/p>\n<p>Not exactly. I encourage students to be mindful of who they clerk for and to be empowered consumers of clerkship information, in ways they historically were not. I discourage applicants from clerking for <em>abusive judges<\/em>. It\u2019s disturbing that <a href=\"https:\/\/abovethelaw.com\/2025\/11\/law-schools-are-lying-to-students-about-judicial-clerkships\/\" rel=\"nofollow noopener\" target=\"_blank\">schools refuse to<\/a> warn students about abusive judges, and all but two refuse to subscribe to LAP\u2019s database \u2014 showing how little they care about students\u2019 well-being, and forcing students to pay individually. Fortunately, students no longer rely solely on their schools for information, as long as they pay $50 <a href=\"http:\/\/survey.legalaccountabilityproject.org\/\" rel=\"nofollow noopener\" target=\"_blank\">to subscribe to LAP\u2019s database<\/a>.\u00a0<\/p>\n<p>Once <a href=\"https:\/\/abovethelaw.com\/2024\/04\/new-clerkships-database-empowers-law-clerks-to-review-their-bosses\/\" rel=\"nofollow noopener\" target=\"_blank\">LAP launched the Clerkships Database in April 2024<\/a>, applicants finally saw for themselves just how hazardous some clerkships are, firsthand from clerks. Our data suggest around <em>30%<\/em> of clerkship experiences are negative, based on over 2,000 surveys about more than 1,200 judges and information from every state, federal circuit, and U.S. district court.\u00a0<\/p>\n<p>Our data also indicate that around 1 in 17 federal judges are abusive, which aligns with the <a href=\"https:\/\/www.uscourts.gov\/sites\/default\/files\/2025-04\/workplace-conduct-working-group-report-march-2025.pdf\" rel=\"nofollow noopener\" target=\"_blank\">federal judiciary\u2019s <em>own data<\/em><\/a>: as many as 106 judges (out of around 1,700) committed actionable misconduct by mistreating clerks in 2023, <a href=\"https:\/\/couriernewsroom.com\/news\/aliza-shatzman-federal-judiciary-employees-lack-confidence-in-internal-processes-and-rarely-report-misconduct\/\" rel=\"nofollow noopener\" target=\"_blank\">according to a climate survey<\/a> released earlier this year. I shared that statistic with around 30 students at a LAP event: statistically, <em>at least one or two in this room will endure abusive clerkships<\/em>. Let that sink in.\u00a0<\/p>\n<p>It\u2019s no surprise so many judges abuse their power: judicial chambers are <a href=\"https:\/\/abovethelaw.com\/2025\/02\/the-federal-judiciary-the-most-dangerous-white-collar-workplace-in-america\/\" rel=\"nofollow noopener\" target=\"_blank\">particularly conducive to mistreatment<\/a>. There\u2019s an <em>enormous<\/em> power disparity between young law clerks and life-tenured judges. Importantly, federal clerks are <a href=\"http:\/\/msnbc.com\/opinion\/msnbc-opinion\/judges-harassment-work-employees-protections-rcna170532\" rel=\"nofollow noopener\" target=\"_blank\">exempt from Title VII of the Civil Rights Act of 1964<\/a> and all federal anti-discrimination laws: if they are harassed, discriminated against, unjustly fired, or retaliated against (or all of the above, <a href=\"https:\/\/docs.house.gov\/meetings\/JU\/JU03\/20220317\/114503\/HHRG-117-JU03-20220317-SD005.pdf\" rel=\"nofollow noopener\" target=\"_blank\">in my case<\/a>), they cannot sue to seek redress. Law clerks basically have no rights, and judges have legal immunity for harassing them.\u00a0<\/p>\n<p>Title VII can seem abstract. Here\u2019s the reality: laws deter bad behavior. Workers don\u2019t harass their co-workers (or, less often than they otherwise might), if for no other reason than <em>they don\u2019t want to get sued<\/em>. <a href=\"https:\/\/www.eeoc.gov\/statutes\/title-vii-civil-rights-act-1964\" rel=\"nofollow noopener\" target=\"_blank\">Title VII<\/a> puts the <a href=\"https:\/\/ballsandstrikes.org\/ethics-accountability\/judicial-accountability-act-caryn-strickland-north-carolina\/\" rel=\"nofollow noopener\" target=\"_blank\">onus on the employer<\/a>, if an employee complains about harassment, to investigate, address the problem, and discipline the offender: otherwise, the wronged employee can sue for damages. Exempting an entire branch of government means federal judges do not face this <em>deterrent<\/em> \u2014 there\u2019s literally <em>nothing<\/em> legally preventing or dissuading them from mistreating staff.\u00a0<\/p>\n<p>This is compounded by the fact that there are <a href=\"https:\/\/abovethelaw.com\/2025\/02\/the-federal-judiciary-the-most-dangerous-white-collar-workplace-in-america\/\" rel=\"nofollow noopener\" target=\"_blank\">no effective reporting processes<\/a>, complaint mechanisms, or <a href=\"https:\/\/abovethelaw.com\/2025\/09\/federal-judiciary-says-f-u-to-public-defender-in-a-win-for-justice\/\" rel=\"nofollow noopener\" target=\"_blank\">other avenues to seek help<\/a>. Clerks rarely use the formal or internal complaint processes \u2014 the <a href=\"https:\/\/www.uscourts.gov\/administration-policies\/judicial-conduct-disability\" rel=\"nofollow noopener\" target=\"_blank\">Judicial Conduct &amp; Disability (JC&amp;D) Act<\/a> and the <a href=\"https:\/\/www.uscourts.gov\/sites\/default\/files\/guide-vol12-ch02-appx2a-model-eeo-plan.pdf\" rel=\"nofollow noopener\" target=\"_blank\">Employee Dispute Resolution (EDR) Plan<\/a>. <a href=\"https:\/\/couriernewsroom.com\/news\/aliza-shatzman-federal-judiciary-employees-lack-confidence-in-internal-processes-and-rarely-report-misconduct\/\" rel=\"nofollow noopener\" target=\"_blank\">Juxtapose<\/a> the judiciary\u2019s 2023 climate survey with <em>complaint<\/em> statistics from that period: <a href=\"https:\/\/www.uscourts.gov\/sites\/default\/files\/data_tables\/jb_s22_0930.2023.pdf\" rel=\"nofollow noopener\" target=\"_blank\"><em>just three<\/em> JC&amp;D complaints<\/a> in 2023, and <a href=\"https:\/\/www.uscourts.gov\/sites\/default\/files\/2024-12\/2023-annual-report-on-the-judiciary-workplace.pdf\" rel=\"nofollow noopener\" target=\"_blank\"><em>just seven<\/em> EDR complaints<\/a> between 2021 and 2023, were filed by law clerks, due primarily to clerks\u2019 fears of retaliation for reporting \u2014 retaliation they\u2019re <em>not legally protected against<\/em>, since they\u2019re exempt from Title VII. This means judges are rarely held accountable for misconduct. Students should do <em>everything possible<\/em> to avoid abusive clerkships, because the <a href=\"https:\/\/www.npr.org\/2025\/03\/01\/nx-s1-5308054\/court-judge-workers-protection-abuse\" rel=\"nofollow noopener\" target=\"_blank\">outcomes for mistreated clerks are bleak<\/a>.\u00a0\u00a0<\/p>\n<p>Consider three recent examples that made news \u2014 representing a <em>miniscule fraction<\/em> of judicial misconduct:\u00a0<\/p>\n<p><a href=\"https:\/\/davidlat.substack.com\/p\/judge-sarah-merriam-overly-harsh-management\" rel=\"nofollow noopener\" target=\"_blank\">Second Circuit Judge <strong>Sarah Merriam<\/strong><\/a> was <a href=\"https:\/\/fingfx.thomsonreuters.com\/gfx\/legaldocs\/lbvgbyqnlpq\/03272024livingston.pdf\" rel=\"nofollow noopener\" target=\"_blank\">disciplined and publicly reprimanded<\/a> in December 2023 for creating an \u201coverly harsh work environment.\u201d In July 2024, former Alaska judge <a href=\"https:\/\/abovethelaw.com\/2024\/07\/sexual-harassment-rocks-the-federal-judiciary-again-its-time-for-a-reckoning\/\" rel=\"nofollow noopener\" target=\"_blank\"><strong>Joshua Kindred<\/strong> resigned in scandal<\/a>, after a Ninth Circuit Judicial Council found that he sexually harassed and retaliated against clerks. Kindred was <a href=\"https:\/\/abovethelaw.com\/2025\/11\/former-maga-judge-josh-kindred-finally-gets-the-disbarment-he-so-richly-deserves\/\" rel=\"nofollow noopener\" target=\"_blank\">recently disbarred<\/a>. And former Minnesota federal bankruptcy judge <a href=\"https:\/\/www.mnd.uscourts.gov\/sites\/mnd\/files\/2025-0129_District-of-MN-News-Release_JudgeTanabe.pdf\" rel=\"nofollow noopener\" target=\"_blank\"><strong>Kesha Tanabe<\/strong> resigned<\/a> in scandal in early 2025 after bullying and retaliating against clerks. That case never would have made news \u2014 and Tanabe would have evaded accountability, after the Eighth Circuit tried to protect her by pressuring a law clerk to withdraw their JC&amp;D complaint \u2014 but for my <a href=\"https:\/\/abovethelaw.com\/2025\/03\/minnesota-federal-bankruptcy-judge-to-resign-amid-misconduct-allegations\/\" rel=\"nofollow noopener\" target=\"_blank\">Above the Law<em> <\/em>article<\/a>. These examples \u2014 just a fraction of what comes over my transom at LAP \u2014 should tell you how seriously the federal courts take accountability and safe workplaces (not at all); how effective judicial complaint processes and discipline are at preventing and addressing misconduct (not at all); and the importance of selecting a clerkship based on the judge\u2019s management style and workplace conduct (all-important).\u00a0<\/p>\n<p>Not all clerkships are hazardous. But as someone who <a href=\"https:\/\/www.legalaccountabilityproject.org\/our-team\" rel=\"nofollow noopener\" target=\"_blank\">does this for a living<\/a>, far more are treacherous than anyone else would admit. Even most mistreated clerks never tell anyone they were mistreated: they\u2019ve only shared in LAP\u2019s Clerkships Database.\u00a0<\/p>\n<p>Law schools and legal industry leaders paint an overly rosy and one-sided picture of clerking \u2014 often <a href=\"https:\/\/abovethelaw.com\/2025\/11\/law-schools-are-lying-to-students-about-judicial-clerkships\/\" rel=\"nofollow noopener\" target=\"_blank\">while knowing realities they won\u2019t admit<\/a> \u2014 misleading students to believe clerkships confer only professional benefits, and they\u2019ll develop a lifelong mentor\/mentee or \u201cfamilial\u201d relationship with the judges they clerk for. Clerks refer to judges fondly, years later, as \u201c<a href=\"https:\/\/law.ua.edu\/wp-content\/uploads\/2018\/05\/Clerking-for-Grown-Ups.pdf\" rel=\"nofollow noopener\" target=\"_blank\">my judge<\/a>\u201d (sometimes even after they were mistreated) \u2014 a term of affection that lionizes judges unnecessarily and contributes to the dangerous perception that judges\u2019 workplace conduct should not be questioned, no matter how unethical. But this may be the <em>exception<\/em>, not the rule. In reality, most clerkships are jobs like any other: you\u2019ll work for a year or two to check a box before advancing in your career. Creating unrealistic expectations sets clerks up to fail. Clerks take desperate measures to force a bond, including \u201cnonjudicial tasks\u201d like fetching judges\u2019 dry cleaning, tutoring their children, and walking their dogs. They self-internalize failure, thinking <em>they<\/em> did something wrong, if those relationships don\u2019t materialize.<\/p>\n<p>I don\u2019t believe there\u2019s a clerkship for <em>everybody<\/em>. Not everyone should clerk. If the choice is between an abusive clerkship and no clerkship at all \u2014 don\u2019t clerk. Ask <em>why<\/em> you want to clerk and what your goals are. At the same time, no one who wants to clerk should count themselves out. In fact, LAP\u2019s database fosters greater equity by ensuring any applicant, regardless of law school, can pay $50 to access the same baseline information about clerkships \u2014 rather than the pre-LAP status quo, which restricted access to just a handful of students from top law schools.\u00a0<\/p>\n<p><em>What are the right questions to ask yourself before clerking?<\/em><\/p>\n<ol class=\"wp-block-list\">\n<li>Why do I want to clerk?\u00a0<\/li>\n<li>What are my goals for the clerkship?\u00a0<\/li>\n<li>Where do I want to live after my clerkship, and will this clerkship help me get a job in this jurisdiction?\u00a0<\/li>\n<li>What type of law do I want to practice, and will this clerkship help me hone the right skills and get a job in my chosen field?<\/li>\n<li>What kind of work environment am I looking for?\u00a0<\/li>\n<li>How do I like to be supervised and receive feedback?<\/li>\n<li>When do I want to clerk \u2014 straight out of law school, or can I wait for a few years? If I wait, how will I fill those gap year(s) before my clerkship begins?<\/li>\n<li>How far am I willing to move to clerk? Where am I willing to live for a year or two?<\/li>\n<\/ol>\n<p>There\u2019s nothing wrong with clerking for the credential, rather than (or in addition to) seeking writing and research experience, litigation or appellate training, and insight into judges\u2019 decision-making \u2014 as long as you don\u2019t accept an <em>abusive<\/em> clerkship for the prestige. There is a <em>wrong <\/em>question to ask: <em>What am I willing to put up with to clerk?<\/em> Given the scarcity of federal jobs right now, some will still ask. If everyone applying for clerkships subscribed to LAP\u2019s Clerkships Database, far fewer would endure mistreatment, because they\u2019d truly<em> <\/em>understanding just how awful some clerkships are. Frankly, knowing the trash law schools provide, I worry about students who haven\u2019t subscribed. <em>Where are they getting information, if not from LAP, and how do they verify it?<\/em>\u00a0<\/p>\n<p>Sadly, some will say, \u201cI can handle it,\u201d or \u201cIt\u2019s worth it for the prestige.\u201d Still others think it won\u2019t happen to them. But I\u2019ve counseled hundreds of mistreated clerks: they all said if they knew how bad it would be, they wouldn\u2019t have accepted the clerkship. Frankly, my experience is not rare: it\u2019s just one that\u2019s rarely shared publicly, due to the culture of silence and fear surrounding the judiciary \u2014 one of deifying judges and disbelieving law clerks. To put it bluntly: if you\u2019re applying for clerkships and you choose<em> not<\/em> to take agency over your career by <a href=\"http:\/\/survey.legalaccountabilityproject.org\/\" rel=\"nofollow noopener\" target=\"_blank\">fully informing yourself<\/a>, you\u2019re taking an <em>enormous <\/em>career risk, given the outsized influence of clerkships \u2014 a career you sacrificed three years and hundreds of thousands of dollars to build.\u00a0<\/p>\n<p>Some people misleading students to believe there\u2019s a clerkship for everybody have misaligned incentives and questionable motives: <a href=\"https:\/\/abovethelaw.com\/2025\/11\/law-schools-are-lying-to-students-about-judicial-clerkships\/\" rel=\"nofollow noopener\" target=\"_blank\">they want as many students as possible to clerk<\/a>, for example. Others just lack frame of reference: clerks don\u2019t regularly share negative experiences with them, or their clerkships were wonderful so they don\u2019t understand how others\u2019 couldn\u2019t be. But the judiciary\u2019s and LAP\u2019s data both suggest that for every 17 students applying for federal clerkships, one will be mistreated. That\u2019s a lot of destroyed lives and careers. Maybe it\u2019s time lawyers were honest about the realities inherent in <a href=\"https:\/\/abovethelaw.com\/2024\/12\/federal-judiciary-misleadingly-conflates-low-number-of-sexual-harassment-complaints-with-lack-of-misconduct\/\" rel=\"nofollow noopener\" target=\"_blank\">workplaces exempt<\/a> from workplace laws.\u00a0<\/p>\n<hr class=\"wp-block-separator has-alpha-channel-opacity\">\n<p><strong><em>Aliza Shatzman is the President and Founder of\u00a0<\/em><\/strong><a href=\"https:\/\/www.legalaccountabilityproject.org\/\" target=\"_blank\" rel=\"noreferrer noopener nofollow\"><strong><em>The Legal Accountability Project<\/em><\/strong><\/a><strong><em>, a nonprofit aimed at ensuring that law clerks have positive clerkship experiences, while extending support and resources to those who do not. She regularly writes and speaks about judicial accountability and clerkships. Reach out to her via email at\u00a0<\/em><\/strong><a href=\"mailto:Aliza.Shatzman@legalaccountabilityproject.org\" target=\"_blank\" rel=\"noreferrer noopener\"><strong><em>Aliza.Shatzman@legalaccountabilityproject.org<\/em><\/strong><\/a><strong><em>\u00a0and follow her on Twitter @AlizaShatzman.<\/em><\/strong><\/p>\n<p>The post <a href=\"https:\/\/abovethelaw.com\/2025\/12\/are-judicial-clerkships-a-hazard-or-is-there-a-clerkship-for-everybody\/\" rel=\"nofollow noopener\" target=\"_blank\">Are Judicial Clerkships A Hazard, Or Is There A Clerkship for Everybody?<\/a> appeared first on <a href=\"https:\/\/abovethelaw.com\/\" rel=\"nofollow noopener\" target=\"_blank\">Above the Law<\/a>.<\/p>\n<figure class=\"wp-block-image alignright is-resized\"><img data-recalc-dims=\"1\" loading=\"lazy\" decoding=\"async\" width=\"852\" height=\"563\" src=\"https:\/\/i0.wp.com\/abovethelaw.com\/wp-content\/uploads\/sites\/4\/2016\/03\/caution-warning-danger-safe-unsafe.jpg?resize=852%2C563&#038;ssl=1\" alt=\"\" class=\"wp-image-64228\" title=\"\"><figcaption><\/figcaption><\/figure>\n<p>Soon after I launched <a href=\"http:\/\/legalaccountabilityproject.org\/\" rel=\"nofollow noopener\" target=\"_blank\">The Legal Accountability Project<\/a> (LAP), I met with a Washington University in St. Louis School of Law (WashU Law) professor to talk about LAP\u2019s work. There\u2019s no love lost between me and my alma mater: after I was harassed and fired from my clerkship, I learned WashU Law administrators and professors knew the judge who harassed me had harassed another alum a few years earlier \u2014 but chose not to share that with me before I accepted the clerkship. I could have gotten over that, but for the fact that three separate <a href=\"https:\/\/www.reuters.com\/legal\/legalindustry\/judging-judges-new-database-lets-law-clerks-speak-out-2023-06-14\/\" rel=\"nofollow noopener\" target=\"_blank\">deans<\/a> subsequently told me they \u201cdon\u2019t believe\u201d I was mistreated by the judge I worked for. And the law school cancelled <em>four<\/em> LAP events in just three years, including one with another alumnus who\u2019s a federal judge. So, it was unsurprising that this professor said: \u201cYou seem to think clerkships are a hazard, whereas I think there\u2019s a clerkship for everybody.\u201d<\/p>\n<p>That framing stuck with me as LAP struggled to convinced law schools to subscribe to our Clerkships Database (\u201cGlassdoor for Judges\u201d). Some even <a href=\"https:\/\/abovethelaw.com\/2025\/01\/yale-law-school-bars-students-from-accessing-information-about-abusive-judges\/\" rel=\"nofollow noopener\" target=\"_blank\">tried to bar students from subscribing<\/a>. Before LAP launched the <a href=\"http:\/\/survey.legalaccountabilityproject.org\/\" rel=\"nofollow noopener\" target=\"_blank\">Clerkships Database<\/a> \u2014 <a href=\"https:\/\/www.govtrack.us\/posts\/540\/2025-09-16_federal-judges-are-above-the-law-in-the-workplace-how-a-glassdoor-for-judges-will-help\" rel=\"nofollow noopener\" target=\"_blank\">serving<\/a> thousands of students annually while <em>collecting data<\/em> on the incidence of negative versus positive clerkship experiences \u2014 school administrators framed LAP as <a href=\"https:\/\/abovethelaw.com\/2024\/08\/law-schools-are-part-of-the-problem-and-the-solution-to-the-broken-clerkship-system\/\" rel=\"nofollow noopener\" target=\"_blank\">\u201cdissuading\u201d students<\/a> from clerking.\u00a0\u00a0<\/p>\n<p>Not exactly. I encourage students to be mindful of who they clerk for and to be empowered consumers of clerkship information, in ways they historically were not. I discourage applicants from clerking for <em>abusive judges<\/em>. It\u2019s disturbing that <a href=\"https:\/\/abovethelaw.com\/2025\/11\/law-schools-are-lying-to-students-about-judicial-clerkships\/\" rel=\"nofollow noopener\" target=\"_blank\">schools refuse to<\/a> warn students about abusive judges, and all but two refuse to subscribe to LAP\u2019s database \u2014 showing how little they care about students\u2019 well-being, and forcing students to pay individually. Fortunately, students no longer rely solely on their schools for information, as long as they pay $50 <a href=\"http:\/\/survey.legalaccountabilityproject.org\/\" rel=\"nofollow noopener\" target=\"_blank\">to subscribe to LAP\u2019s database<\/a>.\u00a0<\/p>\n<p>Once <a href=\"https:\/\/abovethelaw.com\/2024\/04\/new-clerkships-database-empowers-law-clerks-to-review-their-bosses\/\" rel=\"nofollow noopener\" target=\"_blank\">LAP launched the Clerkships Database in April 2024<\/a>, applicants finally saw for themselves just how hazardous some clerkships are, firsthand from clerks. Our data suggest around <em>30%<\/em> of clerkship experiences are negative, based on over 2,000 surveys about more than 1,200 judges and information from every state, federal circuit, and U.S. district court.\u00a0<\/p>\n<p>Our data also indicate that around 1 in 17 federal judges are abusive, which aligns with the <a href=\"https:\/\/www.uscourts.gov\/sites\/default\/files\/2025-04\/workplace-conduct-working-group-report-march-2025.pdf\" rel=\"nofollow noopener\" target=\"_blank\">federal judiciary\u2019s <em>own data<\/em><\/a>: as many as 106 judges (out of around 1,700) committed actionable misconduct by mistreating clerks in 2023, <a href=\"https:\/\/couriernewsroom.com\/news\/aliza-shatzman-federal-judiciary-employees-lack-confidence-in-internal-processes-and-rarely-report-misconduct\/\" rel=\"nofollow noopener\" target=\"_blank\">according to a climate survey<\/a> released earlier this year. I shared that statistic with around 30 students at a LAP event: statistically, <em>at least one or two in this room will endure abusive clerkships<\/em>. Let that sink in.\u00a0<\/p>\n<p>It\u2019s no surprise so many judges abuse their power: judicial chambers are <a href=\"https:\/\/abovethelaw.com\/2025\/02\/the-federal-judiciary-the-most-dangerous-white-collar-workplace-in-america\/\" rel=\"nofollow noopener\" target=\"_blank\">particularly conducive to mistreatment<\/a>. There\u2019s an <em>enormous<\/em> power disparity between young law clerks and life-tenured judges. Importantly, federal clerks are <a href=\"http:\/\/msnbc.com\/opinion\/msnbc-opinion\/judges-harassment-work-employees-protections-rcna170532\" rel=\"nofollow noopener\" target=\"_blank\">exempt from Title VII of the Civil Rights Act of 1964<\/a> and all federal anti-discrimination laws: if they are harassed, discriminated against, unjustly fired, or retaliated against (or all of the above, <a href=\"https:\/\/docs.house.gov\/meetings\/JU\/JU03\/20220317\/114503\/HHRG-117-JU03-20220317-SD005.pdf\" rel=\"nofollow noopener\" target=\"_blank\">in my case<\/a>), they cannot sue to seek redress. Law clerks basically have no rights, and judges have legal immunity for harassing them.\u00a0<\/p>\n<p>Title VII can seem abstract. Here\u2019s the reality: laws deter bad behavior. Workers don\u2019t harass their co-workers (or, less often than they otherwise might), if for no other reason than <em>they don\u2019t want to get sued<\/em>. <a href=\"https:\/\/www.eeoc.gov\/statutes\/title-vii-civil-rights-act-1964\" rel=\"nofollow noopener\" target=\"_blank\">Title VII<\/a> puts the <a href=\"https:\/\/ballsandstrikes.org\/ethics-accountability\/judicial-accountability-act-caryn-strickland-north-carolina\/\" rel=\"nofollow noopener\" target=\"_blank\">onus on the employer<\/a>, if an employee complains about harassment, to investigate, address the problem, and discipline the offender: otherwise, the wronged employee can sue for damages. Exempting an entire branch of government means federal judges do not face this <em>deterrent<\/em> \u2014 there\u2019s literally <em>nothing<\/em> legally preventing or dissuading them from mistreating staff.\u00a0<\/p>\n<p>This is compounded by the fact that there are <a href=\"https:\/\/abovethelaw.com\/2025\/02\/the-federal-judiciary-the-most-dangerous-white-collar-workplace-in-america\/\" rel=\"nofollow noopener\" target=\"_blank\">no effective reporting processes<\/a>, complaint mechanisms, or <a href=\"https:\/\/abovethelaw.com\/2025\/09\/federal-judiciary-says-f-u-to-public-defender-in-a-win-for-justice\/\" rel=\"nofollow noopener\" target=\"_blank\">other avenues to seek help<\/a>. Clerks rarely use the formal or internal complaint processes \u2014 the <a href=\"https:\/\/www.uscourts.gov\/administration-policies\/judicial-conduct-disability\" rel=\"nofollow noopener\" target=\"_blank\">Judicial Conduct &amp; Disability (JC&amp;D) Act<\/a> and the <a href=\"https:\/\/www.uscourts.gov\/sites\/default\/files\/guide-vol12-ch02-appx2a-model-eeo-plan.pdf\" rel=\"nofollow noopener\" target=\"_blank\">Employee Dispute Resolution (EDR) Plan<\/a>. <a href=\"https:\/\/couriernewsroom.com\/news\/aliza-shatzman-federal-judiciary-employees-lack-confidence-in-internal-processes-and-rarely-report-misconduct\/\" rel=\"nofollow noopener\" target=\"_blank\">Juxtapose<\/a> the judiciary\u2019s 2023 climate survey with <em>complaint<\/em> statistics from that period: <a href=\"https:\/\/www.uscourts.gov\/sites\/default\/files\/data_tables\/jb_s22_0930.2023.pdf\" rel=\"nofollow noopener\" target=\"_blank\"><em>just three<\/em> JC&amp;D complaints<\/a> in 2023, and <a href=\"https:\/\/www.uscourts.gov\/sites\/default\/files\/2024-12\/2023-annual-report-on-the-judiciary-workplace.pdf\" rel=\"nofollow noopener\" target=\"_blank\"><em>just seven<\/em> EDR complaints<\/a> between 2021 and 2023, were filed by law clerks, due primarily to clerks\u2019 fears of retaliation for reporting \u2014 retaliation they\u2019re <em>not legally protected against<\/em>, since they\u2019re exempt from Title VII. This means judges are rarely held accountable for misconduct. Students should do <em>everything possible<\/em> to avoid abusive clerkships, because the <a href=\"https:\/\/www.npr.org\/2025\/03\/01\/nx-s1-5308054\/court-judge-workers-protection-abuse\" rel=\"nofollow noopener\" target=\"_blank\">outcomes for mistreated clerks are bleak<\/a>.\u00a0\u00a0<\/p>\n<p>Consider three recent examples that made news \u2014 representing a <em>miniscule fraction<\/em> of judicial misconduct:\u00a0<\/p>\n<p><a href=\"https:\/\/davidlat.substack.com\/p\/judge-sarah-merriam-overly-harsh-management\" rel=\"nofollow noopener\" target=\"_blank\">Second Circuit Judge <strong>Sarah Merriam<\/strong><\/a> was <a href=\"https:\/\/fingfx.thomsonreuters.com\/gfx\/legaldocs\/lbvgbyqnlpq\/03272024livingston.pdf\" rel=\"nofollow noopener\" target=\"_blank\">disciplined and publicly reprimanded<\/a> in December 2023 for creating an \u201coverly harsh work environment.\u201d In July 2024, former Alaska judge <a href=\"https:\/\/abovethelaw.com\/2024\/07\/sexual-harassment-rocks-the-federal-judiciary-again-its-time-for-a-reckoning\/\" rel=\"nofollow noopener\" target=\"_blank\"><strong>Joshua Kindred<\/strong> resigned in scandal<\/a>, after a Ninth Circuit Judicial Council found that he sexually harassed and retaliated against clerks. Kindred was <a href=\"https:\/\/abovethelaw.com\/2025\/11\/former-maga-judge-josh-kindred-finally-gets-the-disbarment-he-so-richly-deserves\/\" rel=\"nofollow noopener\" target=\"_blank\">recently disbarred<\/a>. And former Minnesota federal bankruptcy judge <a href=\"https:\/\/www.mnd.uscourts.gov\/sites\/mnd\/files\/2025-0129_District-of-MN-News-Release_JudgeTanabe.pdf\" rel=\"nofollow noopener\" target=\"_blank\"><strong>Kesha Tanabe<\/strong> resigned<\/a> in scandal in early 2025 after bullying and retaliating against clerks. That case never would have made news \u2014 and Tanabe would have evaded accountability, after the Eighth Circuit tried to protect her by pressuring a law clerk to withdraw their JC&amp;D complaint \u2014 but for my <a href=\"https:\/\/abovethelaw.com\/2025\/03\/minnesota-federal-bankruptcy-judge-to-resign-amid-misconduct-allegations\/\" rel=\"nofollow noopener\" target=\"_blank\">Above the Lawarticle<\/a>. These examples \u2014 just a fraction of what comes over my transom at LAP \u2014 should tell you how seriously the federal courts take accountability and safe workplaces (not at all); how effective judicial complaint processes and discipline are at preventing and addressing misconduct (not at all); and the importance of selecting a clerkship based on the judge\u2019s management style and workplace conduct (all-important).\u00a0<\/p>\n<p>Not all clerkships are hazardous. But as someone who <a href=\"https:\/\/www.legalaccountabilityproject.org\/our-team\" rel=\"nofollow noopener\" target=\"_blank\">does this for a living<\/a>, far more are treacherous than anyone else would admit. Even most mistreated clerks never tell anyone they were mistreated: they\u2019ve only shared in LAP\u2019s Clerkships Database.\u00a0<\/p>\n<p>Law schools and legal industry leaders paint an overly rosy and one-sided picture of clerking \u2014 often <a href=\"https:\/\/abovethelaw.com\/2025\/11\/law-schools-are-lying-to-students-about-judicial-clerkships\/\" rel=\"nofollow noopener\" target=\"_blank\">while knowing realities they won\u2019t admit<\/a> \u2014 misleading students to believe clerkships confer only professional benefits, and they\u2019ll develop a lifelong mentor\/mentee or \u201cfamilial\u201d relationship with the judges they clerk for. Clerks refer to judges fondly, years later, as \u201c<a href=\"https:\/\/law.ua.edu\/wp-content\/uploads\/2018\/05\/Clerking-for-Grown-Ups.pdf\" rel=\"nofollow noopener\" target=\"_blank\">my judge<\/a>\u201d (sometimes even after they were mistreated) \u2014 a term of affection that lionizes judges unnecessarily and contributes to the dangerous perception that judges\u2019 workplace conduct should not be questioned, no matter how unethical. But this may be the <em>exception<\/em>, not the rule. In reality, most clerkships are jobs like any other: you\u2019ll work for a year or two to check a box before advancing in your career. Creating unrealistic expectations sets clerks up to fail. Clerks take desperate measures to force a bond, including \u201cnonjudicial tasks\u201d like fetching judges\u2019 dry cleaning, tutoring their children, and walking their dogs. They self-internalize failure, thinking <em>they<\/em> did something wrong, if those relationships don\u2019t materialize.<\/p>\n<p>I don\u2019t believe there\u2019s a clerkship for <em>everybody<\/em>. Not everyone should clerk. If the choice is between an abusive clerkship and no clerkship at all \u2014 don\u2019t clerk. Ask <em>why<\/em> you want to clerk and what your goals are. At the same time, no one who wants to clerk should count themselves out. In fact, LAP\u2019s database fosters greater equity by ensuring any applicant, regardless of law school, can pay $50 to access the same baseline information about clerkships \u2014 rather than the pre-LAP status quo, which restricted access to just a handful of students from top law schools.\u00a0<\/p>\n<p><em>What are the right questions to ask yourself before clerking?<\/em><\/p>\n<ol class=\"wp-block-list\">\n<li>Why do I want to clerk?\u00a0<\/li>\n<li>What are my goals for the clerkship?\u00a0<\/li>\n<li>Where do I want to live after my clerkship, and will this clerkship help me get a job in this jurisdiction?\u00a0<\/li>\n<li>What type of law do I want to practice, and will this clerkship help me hone the right skills and get a job in my chosen field?<\/li>\n<li>What kind of work environment am I looking for?\u00a0<\/li>\n<li>How do I like to be supervised and receive feedback?<\/li>\n<li>When do I want to clerk \u2014 straight out of law school, or can I wait for a few years? If I wait, how will I fill those gap year(s) before my clerkship begins?<\/li>\n<li>How far am I willing to move to clerk? Where am I willing to live for a year or two?<\/li>\n<\/ol>\n<p>There\u2019s nothing wrong with clerking for the credential, rather than (or in addition to) seeking writing and research experience, litigation or appellate training, and insight into judges\u2019 decision-making \u2014 as long as you don\u2019t accept an <em>abusive<\/em> clerkship for the prestige. There is a <em>wrong <\/em>question to ask: <em>What am I willing to put up with to clerk?<\/em> Given the scarcity of federal jobs right now, some will still ask. If everyone applying for clerkships subscribed to LAP\u2019s Clerkships Database, far fewer would endure mistreatment, because they\u2019d trulyunderstanding just how awful some clerkships are. Frankly, knowing the trash law schools provide, I worry about students who haven\u2019t subscribed. <em>Where are they getting information, if not from LAP, and how do they verify it?<\/em>\u00a0<\/p>\n<p>Sadly, some will say, \u201cI can handle it,\u201d or \u201cIt\u2019s worth it for the prestige.\u201d Still others think it won\u2019t happen to them. But I\u2019ve counseled hundreds of mistreated clerks: they all said if they knew how bad it would be, they wouldn\u2019t have accepted the clerkship. Frankly, my experience is not rare: it\u2019s just one that\u2019s rarely shared publicly, due to the culture of silence and fear surrounding the judiciary \u2014 one of deifying judges and disbelieving law clerks. To put it bluntly: if you\u2019re applying for clerkships and you choose<em> not<\/em> to take agency over your career by <a href=\"http:\/\/survey.legalaccountabilityproject.org\/\" rel=\"nofollow noopener\" target=\"_blank\">fully informing yourself<\/a>, you\u2019re taking an <em>enormous <\/em>career risk, given the outsized influence of clerkships \u2014 a career you sacrificed three years and hundreds of thousands of dollars to build.\u00a0<\/p>\n<p>Some people misleading students to believe there\u2019s a clerkship for everybody have misaligned incentives and questionable motives: <a href=\"https:\/\/abovethelaw.com\/2025\/11\/law-schools-are-lying-to-students-about-judicial-clerkships\/\" rel=\"nofollow noopener\" target=\"_blank\">they want as many students as possible to clerk<\/a>, for example. Others just lack frame of reference: clerks don\u2019t regularly share negative experiences with them, or their clerkships were wonderful so they don\u2019t understand how others\u2019 couldn\u2019t be. But the judiciary\u2019s and LAP\u2019s data both suggest that for every 17 students applying for federal clerkships, one will be mistreated. That\u2019s a lot of destroyed lives and careers. Maybe it\u2019s time lawyers were honest about the realities inherent in <a href=\"https:\/\/abovethelaw.com\/2024\/12\/federal-judiciary-misleadingly-conflates-low-number-of-sexual-harassment-complaints-with-lack-of-misconduct\/\" rel=\"nofollow noopener\" target=\"_blank\">workplaces exempt<\/a> from workplace laws.\u00a0<\/p>\n<hr class=\"wp-block-separator has-alpha-channel-opacity\" \/>\n<p><strong><em>Aliza Shatzman is the President and Founder of\u00a0<\/em><\/strong><a href=\"https:\/\/www.legalaccountabilityproject.org\/\" target=\"_blank\" rel=\"noreferrer noopener nofollow\"><strong><em>The Legal Accountability Project<\/em><\/strong><\/a><strong><em>, a nonprofit aimed at ensuring that law clerks have positive clerkship experiences, while extending support and resources to those who do not. She regularly writes and speaks about judicial accountability and clerkships. Reach out to her via email at\u00a0<\/em><\/strong><a href=\"https:\/\/abovethelaw.com\/cdn-cgi\/l\/email-protection#aaebc6c3d0cb84f9c2cbded0c7cbc4eac6cfcdcbc6cbc9c9c5dfc4decbc8c3c6c3ded3dad8c5c0cfc9de84c5d8cd\" target=\"_blank\" rel=\"noreferrer noopener nofollow\"><strong><em>[email\u00a0protected]<\/em><\/strong><\/a><strong><em>\u00a0and follow her on Twitter @AlizaShatzman.<\/em><\/strong><\/p>\n","protected":false},"excerpt":{"rendered":"<p>Soon after I launched The Legal Accountability Project (LAP), I met with a Washington University in St. Louis School of Law (WashU Law) professor to talk about LAP\u2019s work. There\u2019s no love lost between me and my alma mater: after I was harassed and fired from my clerkship, I learned WashU Law administrators and professors [&hellip;]<\/p>\n","protected":false},"author":3,"featured_media":138658,"comment_status":"","ping_status":"","sticky":false,"template":"","format":"standard","meta":{"_et_pb_use_builder":"","_et_pb_old_content":"","_et_gb_content_width":"","_jetpack_memberships_contains_paid_content":false,"footnotes":""},"categories":[16],"tags":[],"class_list":["post-138657","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-above_the_law"],"jetpack_featured_media_url":"https:\/\/i0.wp.com\/xira.com\/p\/wp-content\/uploads\/2025\/12\/caution-warning-danger-safe-unsafe-mBZo0V.jpg?fit=852%2C563&ssl=1","jetpack_sharing_enabled":true,"_links":{"self":[{"href":"https:\/\/xira.com\/p\/wp-json\/wp\/v2\/posts\/138657","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/xira.com\/p\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/xira.com\/p\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/xira.com\/p\/wp-json\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"https:\/\/xira.com\/p\/wp-json\/wp\/v2\/comments?post=138657"}],"version-history":[{"count":0,"href":"https:\/\/xira.com\/p\/wp-json\/wp\/v2\/posts\/138657\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/xira.com\/p\/wp-json\/wp\/v2\/media\/138658"}],"wp:attachment":[{"href":"https:\/\/xira.com\/p\/wp-json\/wp\/v2\/media?parent=138657"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/xira.com\/p\/wp-json\/wp\/v2\/categories?post=138657"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/xira.com\/p\/wp-json\/wp\/v2\/tags?post=138657"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}