Description:
Duties include, but not limited, to the following:- Prisoner 1983 cases - upon the initial filing of a complaint, screens and reviews documents, pursuant to 28 U.S.C. 1915(e)(2) or 28 U.S.C. 1915A.
- Cases dismissed prior to service of process - continues to monitor case and makes recommendations on post-judgment motions.
- Cases where process is issued on a defendant and counsel is not appointed - engages in case management until the case management order (CMO) is entered. Monitors docket to determine whether service has been completed and defendants have filed timely responsive pleadings. Prepares orders on all motions filed prior to issuance of the CMO, e.g., motions to dismiss, motions for appointment of counsel, etc. Prepares CMO when appropriate. Case duties cease after CMO is entered. Sends appropriate emails to all chambers and team personnel notifying them pro se law clerk duties have ended and case is transferred to chambers for all further proceedings.
- 2254, 2255, and 2241 cases - upon the initial filing of a petition/motion to vacate, screens and reviews documents, pursuant to Rule 4 of the Rules Governing Habeas Corpus Cases. Following initial review and determination of IFP status, prepares a CMO, order of dismissal, or other appropriate orders, e.g., order of transfer, order to show cause, etc. If a CMO is not issued, continues to monitor case and make recommendations on subsequent filings. All case duties cease after CMO is issued.
- Non-prisoner, pro se IFP cases, including cases filed by civil detainees - upon the initial filing of a
- complaint, screens and reviews documents, pursuant to 28 U.S.C. 1915(e)(2).
- Cases dismissed prior to service of process - continues to monitor case and makes recommendations on post-judgment motions. Case duties cease upon the entry of an order issuing process.
- Special project to work on motions for relief e.g., First Step Act, Retroactive application of Guidelines, etc.
- Reviews motions to proceed IFP and makes recommendations pursuant to 28 U.S.C. 1915(b).
- Provides information to judges and other court staff on legal issues unique to pro se cases, and advises Clerk of Court on miscellaneous legal matters.
- Evaluates present procedures to determine new innovations for increasing the effectiveness in handling complaints, petitions, and pleadings.
- Identifies problem areas, makes recommendations, and offers solutions, as required by the Court, Administrative Office, and other officials.
- Keeps abreast of changes in the law to aid the Court in adjusting to new legislation in the pro se area.
- Other duties as assigned.
Qualifications:
To qualify for the position of pro se law clerk, an individual must be a law school graduate (or be certified as having completed all law school studies and requirements and merely awaiting conferment of degree) from a law school of recognized standing, and have demonstrated one of the following accomplishments or proficiencies:
- Standing within the upper third of the law school class from a law school of the approved list of either the American Bar Association or the Association of American Law Schools;
- Experience on the editorial board of a law review of such a school;
- Graduation from such a school with an LLM degree; or
- Proficiency in legal studies that, in the opinion of the appointing judge, is the equivalency of one of the above. Some examples of criteria that are considered to be acceptable as equivalent include:
- Publication of a noteworthy article in a law school student publication or other scholarly publication;
- Special high-level honors for academic excellence in law school, such as election to the Order of the Coif;
- Winning of a moot court competition or membership on a moot court team that represent the law school in competition with other law schools;
- Participation in the legal aid or other law school clinical program sanctioned by the law school;* or
- Summer experience as a law clerk to a state or local judge or law clerk experience on a continuing basis in a private firm while attending school, i.e., working one's way through college.*