SDNY Maj > District Clerkship Worth It? Forum

[Anonymous User]

I'm currently clerking for an SDNY magistrate and am considering applying for district court clerkships in SDNY/EDNY/NJ. I was wondering if anyone has any insight into whether clerking for a magistrate is significantly different from clerking for a district judge (apart from the fact that DJs don't handle as many discovery disputes and mag judges issue a report and recommendation for dispositive motions). Is it worth it to try to do a clerkship with a DJ for the experience alone? Thanks!

[nixy]

Have you seen any significant trials? I know people can consent to trials before a magistrate but in some places it doesn't happen much. A district court judge would be worth it to get more trial experience.

[objctnyrhnr]

I clerked for a Usdc judge who worked closely with a mag. Based on that experience, I will tell you that the jobs are definitely not the same (that said the extent to which they differ probably depends on district). But probably the bigger piece is that you’re so close to getting that full article 3 clerkship resume boost. From a hiring perspective, I can tell you it makes a huge difference on that front. Definitely invest another year I’d you can swing A3.

[hicrhodus]

Former EDNY clerk here: In that district, the jobs are completely different. Magistrates handle all non-dispositive pre-trial stuff in civil cases such as discovery disputes (in theory, this can be appealed to DJ but rarely is). Until you get to trial or a dispositive motion, they really function as the judges in civil cases. District judges handle only dispositive civil motions. So as a clerk for a district judge, you'd spend your time working on summary judgment motions and motions to dismiss; depending on the judge, you might also get involved w/ the criminal docket. If you're lucky, you'll get a trial or two (maybe more than two if you clerk for a Central Islip judge, as Nassau County doesn't like to settle 1983 suits). My judge only tended to refer out what we considered the boring motions (e.g., motions for attorney's fees and default judgment) although that might vary. It's worth noting that, as a practical matter, this meant that my judge was not in court that often on civil cases (although they had status conferences, pleas, sentencings, etc. in criminal matters) and as clerks we spent the vast majority of our time in chambers. In that way, the rhythm of our days were perhaps more like a COA clerkship.

[Anonymous User]

OP here: This is very helpful, thanks all!

[Hutz_and_Goodman]

Former EDNY clerk here: In that district, the jobs are completely different. Magistrates handle all non-dispositive pre-trial stuff in civil cases such as discovery disputes (in theory, this can be appealed to DJ but rarely is). Until you get to trial or a dispositive motion, they really function as the judges in civil cases. District judges handle only dispositive civil motions. So as a clerk for a district judge, you'd spend your time working on summary judgment motions and motions to dismiss; depending on the judge, you might also get involved w/ the criminal docket. If you're lucky, you'll get a trial or two (maybe more than two if you clerk for a Central Islip judge, as Nassau County doesn't like to settle 1983 suits). My judge only tended to refer out what we considered the boring motions (e.g., motions for attorney's fees and default judgment) although that might vary. It's worth noting that, as a practical matter, this meant that my judge was not in court that often on civil cases (although they had status conferences, pleas, sentencings, etc. in criminal matters) and as clerks we spent the vast majority of our time in chambers. In that way, the rhythm of our days were perhaps more like a COA clerkship.

I had a case before Judge Cogan which he handled (not the magistrate), but it’s a good observation—that I hadn’t thought about—that a lot of EDNY cases the magistrate is handling everything pre-trial (none of my cases have gotten to trial).

[hicrhodus]

As far as I know, Judge Cogan is the only district judge in EDNY who doesn't refer all pre-trial non-dispositive matters in civil cases to magistrates. Perhaps not coincidentally, I had the impression that his clerks worked some of the longest hours in the building.