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JSP-14 eligibility

Posted: Thu Apr 05, 2018 11:28 am
by o0o0o0o
Does anyone have any insight on whether I can get appointed at JSP-14 for my third year of federal clerking, where I would be coming in with just under 3 years of post-graduate legal work experience? Essentially, I'm wondering if after 4 weeks on the job, I can get bumped in JSP-14. I otherwise qualify.

Here's the general rule

"If an appointee has three years of post-graduate legal work experience (with at least two years as a judicial law clerk, staff attorney, pro se law clerk, death penalty law clerk, or bankruptcy appellate panel law clerk in the federal judiciary) plus bar membership of a state, territory, or federal court of general jurisdiction, he or she qualifies for appointment at JSP-14, step 1. Judicial Conference policy permits only one grade 14 law clerk per chambers."

I worked at a firm for a year after law school and am doing a two-year district clerkship followed by a one-year circuit clerkship. I can make sure that I have exactly 2 years as a judicial law clerk when leaving the first clerkship, and at the time that I start the circuit clerkship, I'll be three years out of law school. However, when you subtract the weeks off that I took in between job transitions, I'll have been employed post-law school about something like 35 months, rather than 36 months. (My district court HR took these weeks off into consideration in deciding when I could get bumped into JSP-12, so I'm assuming my circuit court HR will as well, although I know the details of this can vary...) Anyone have any experience with this situation? (And yes, I already know that I would be the only clerk in chambers who might be eligible, so that's not a concern.)

Re: JSP-14 eligibility

Posted: Thu Apr 05, 2018 12:06 pm
by Anonymous User
I was bumped up to from JSP-11 to JSP-12 after around three months at my clerkship due to having 9 months of prior legal experience, so it's no problem from HR's point of view, you don't have to wait for a year to qualify or anything like that. Your judge just has to sign off on it. Don't see why it wouldn't be the same for going to JSP-13 to 14 if you're otherwise eligible.

Re: JSP-14 eligibility

Posted: Fri Apr 06, 2018 2:56 pm
by o0o0o0o
Anonymous User wrote:I was bumped up to from JSP-11 to JSP-12 after around three months at my clerkship due to having 9 months of prior legal experience, so it's no problem from HR's point of view, you don't have to wait for a year to qualify or anything like that. Your judge just has to sign off on it. Don't see why it wouldn't be the same for going to JSP-13 to 14 if you're otherwise eligible.
Yeah, hope you're right! Thanks.

Re: JSP-14 eligibility

Posted: Tue May 01, 2018 11:16 am
by Barrred
Anonymous User wrote:I was bumped up to from JSP-11 to JSP-12 after around three months at my clerkship due to having 9 months of prior legal experience, so it's no problem from HR's point of view, you don't have to wait for a year to qualify or anything like that. Your judge just has to sign off on it. Don't see why it wouldn't be the same for going to JSP-13 to 14 if you're otherwise eligible.
Do you have any insight into whether it was a "big ask" for the judge to sign off on the pay bump? Did you go to talk to your judge and ask for the signature, or was it something that HR just sent over without your involvement?

Re: JSP-14 eligibility

Posted: Tue May 01, 2018 11:54 am
by Anonymous User
I was in the same situation as above (not to JSP 14, but from 11 to 12), and I had to ask my judge to sign for the bump (HR doesn’t do it automatically), but he did not care in the absolute slightest. You could always ask one of the current clerks (or even the JA) if they know how the judge feels about it. But I can’t imagine a judge having any issues with you asking politely (it’s possibe they say no if there are any other reasons why a JSP-14 poses a problem, but it’s reasonable to ask).

Re: JSP-14 eligibility

Posted: Wed May 02, 2018 12:13 am
by Anonymous User
Yes, you will be eligible for JSP-14. Yes, you can get bumped up during your term. The bump up is discretionary, but the vast majority of judges are willing to sign off on it. The one thing though to keep in mind is that a chambers can only have one law clerk at JSP-14. Thus, if the chambers you are going to has a career law clerk or one of your co-clerks hits the requirements before you, you'll be stuck at JSP-13 (hoping that maybe they will give you a higher step at 13 to make up the difference).

Re: JSP-14 eligibility

Posted: Wed May 16, 2018 1:32 am
by clerk1251
Anonymous User wrote:The one thing though to keep in mind is that a chambers can only have one law clerk at JSP-14. Thus, if the chambers you are going to has a career law clerk or one of your co-clerks hits the requirements before you, you'll be stuck at JSP-13
This is exactly right. As it relates to JSP 13/14, you can be eligible for JSP 14, but still only get JSP 13 if your chambers has someone at 14 already. In most cases, chambers have career clerks. Career clerks will be at 14. Therefore, you will be at JSP 13 and each year of federal clerking, you will move up one step. If there is a break in between your two clerkships, that will just delay it slightly (i.e. two years, then two months break, then another year - your final bump would be pushed back two months). However, there are occasional chambers that have all term clerks. In this situation, as long as you are JSP 14 eligible and there isn't already a term clerk at JSP 14, you're set.

Re: JSP-14 eligibility

Posted: Wed Jun 06, 2018 10:46 am
by o0o0o0o
clerk1251 wrote:
Anonymous User wrote:The one thing though to keep in mind is that a chambers can only have one law clerk at JSP-14. Thus, if the chambers you are going to has a career law clerk or one of your co-clerks hits the requirements before you, you'll be stuck at JSP-13
This is exactly right. As it relates to JSP 13/14, you can be eligible for JSP 14, but still only get JSP 13 if your chambers has someone at 14 already. In most cases, chambers have career clerks. Career clerks will be at 14. Therefore, you will be at JSP 13 and each year of federal clerking, you will move up one step. If there is a break in between your two clerkships, that will just delay it slightly (i.e. two years, then two months break, then another year - your final bump would be pushed back two months). However, there are occasional chambers that have all term clerks. In this situation, as long as you are JSP 14 eligible and there isn't already a term clerk at JSP 14, you're set.
OP here. Yes, my future chambers has all term clerks and I'm the only one coming in with two years of clerkship experience. Thanks.