A Supreme Court clerk is one of two very different people. The Clerk of the Court is a permanent administrative officer, appointed by the justices, who runs filings, fees, admissions, and the docket. The law clerks are temporary legal researchers — about 36 in a typical term — hired by individual justices for roughly one year to screen petitions, prepare the justices for argument, and help draft opinions. The qualifications, pay, and career path for each role look nothing alike.
The Clerk of the Court
The Clerk of the Court is appointed directly by the justices under 28 U.S.C. § 671, which lets the Court hire a clerk and one or more deputies and remove them at will.1Office of the Law Revision Counsel. 28 U.S.C. Chapter 45 – Supreme Court There is no fixed term. Scott S. Harris has held the position since 2013 and oversees a staff of roughly 30 employees.
Under the Court’s own rules, the Clerk receives every document filed with the Court and has authority to reject any filing that fails to meet procedural requirements.2Supreme Court of the United States. Rules of the Supreme Court of the United States The office maintains the Court’s official records, controls whether any records leave the building, tracks dockets and calendars, processes incoming petitions, and handles correspondence with attorneys and litigants.
Congress authorized the Court to set its own filing fees through 28 U.S.C. § 1911.3Office of the Law Revision Counsel. 28 U.S.C. 1911 – Supreme Court Under Rule 38, docketing a petition for a writ of certiorari costs $300, and the Clerk’s office can refuse to docket a case until payment arrives.4Legal Information Institute. Supreme Court Rules – Rule 38 Fees
Petitioners who cannot pay may file under Rule 39 to proceed in forma pauperis, submitting a notarized affidavit of financial need. No affidavit is required if the lower court already appointed counsel. These petitioners must file an original plus ten copies of the petition, though inmates without counsel need only file the original. Once the Clerk accepts the papers with proof of service, the case is docketed without a fee.5Legal Information Institute. Supreme Court Rules – Rule 39 Proceedings In Forma Pauperis In the 2024–25 term, more than half of all petitions filed were in forma pauperis.
What Supreme Court Law Clerks Do
Law clerks are authorized by a separate statute, 28 U.S.C. § 675, which lets the Chief Justice and the associate justices appoint law clerks and secretaries.6Office of the Law Revision Counsel. 28 U.S.C. 675 – Law Clerks and Secretaries Each justice is currently entitled to four clerks. They serve about a year and are replaced each term.
Their largest single task is screening the thousands of petitions asking the Court to hear cases. Most justices participate in the “cert pool,” which divides incoming petitions among clerks from participating chambers so that not every chambers reviews every petition. The assigned clerk reads the petition and writes a memo summarizing the facts, the legal questions, and a recommendation on whether to grant or deny.7United States Courts. Supreme Court Procedures That memo then circulates to all participating chambers and becomes the starting point for whether a case gets any further attention. Historically the Court received more than 7,000 petitions a year and granted roughly 100 to 150; recent terms have seen fewer filings — under 4,000 in 2024–25 — but the acceptance rate remains very low.
Before oral argument, clerks draft bench memos laying out the facts, procedural history, each side’s arguments, and the clerk’s own analysis. After the justices vote in conference, clerks help draft the opinions: researching precedents, writing initial drafts, verifying citations, and revising through multiple rounds with their justice. How much a clerk writes versus edits varies by chambers. Some justices draft their own first versions; others lean heavily on clerks.
How to Become a Supreme Court Law Clerk
The Court publishes no formal checklist, but the profile of successful applicants is remarkably consistent. Nearly every Supreme Court law clerk holds a J.D. from a top-ranked law school, graduated near the top of the class, and served on law review or a comparable journal. Federal judicial clerkship qualifications generally require standing in the upper third of the class from an accredited law school, law review experience, or the equivalent.8OSCAR. Qualifications, Salary, and Benefits
What sets Supreme Court candidates apart is the near-universal expectation of a prior federal appellate clerkship. By the 1980s this became an almost categorical norm, and many successful applicants have completed two prior clerkships before arriving at the Court. Certain appellate judges, particularly on the D.C. Circuit, have earned reputations as “feeder judges” whose clerks regularly move on to the Supreme Court. Justices sometimes interview and extend offers before the applicant has even begun the lower-court clerkship, which means the hiring decision rests heavily on academic credentials and faculty recommendations.
All judiciary employees must satisfy federal citizenship requirements. Current appropriations law limits federal pay to U.S. citizens, nationals, refugees or asylees who have filed for permanent residency and citizenship, and lawful permanent residents actively pursuing citizenship. Every new hire completes an Employment Eligibility Verification Form (Form I-9).9United States Courts. Citizenship Requirements for Employment in the Judiciary
The Application Process
Most federal clerkships are handled through OSCAR, the Online System for Clerkship Application and Review, but the Supreme Court does not participate. Applicants send materials directly to individual chambers. A typical application includes a resume, cover letter, law school transcript, writing sample, and two or three letters of recommendation, at least one from a judge.
The timeline is unusual. Justices often hire well in advance, sometimes before the applicant has begun a lower-court clerkship. Each justice interviews roughly 10 to 15 candidates and selects four. The process is highly personal, and a candidate who fits perfectly with one justice may not appeal to another. After an offer is accepted, the clerk undergoes a background investigation consistent with federal employment standards, which at minimum covers criminal records, credit history, employment verification, and references.
Pay and What Comes After
Supreme Court law clerks are paid on the Judiciary Salary Plan, typically starting at JSP-11 for clerks without prior legal work experience. The salary is modest by elite legal standards, comparable to what a junior government attorney earns. The real financial payoff arrives afterward.
Major law firms compete aggressively for former Supreme Court clerks with signing bonuses that dwarf what other new associates receive. As of 2026, several elite firms offer bonuses of $125,000 to $200,000 for former federal appellate clerks. Former Supreme Court clerks command more; some firms have publicly advertised bonuses of $400,000 for a single year of Supreme Court clerkship experience. These bonuses sit on top of standard first-year associate pay, making the total package among the highest entry points in private legal practice.
Not every former clerk goes to a firm. The clerkship opens doors to senior government positions, academic appointments at top law schools, and public interest leadership roles. Several current and former federal judges, including sitting Supreme Court justices, once clerked on the Court themselves.
Ethics and Confidentiality
Supreme Court law clerks work under strict ethical constraints. The Code of Conduct for Judicial Employees requires that clerks never disclose confidential information received through their work except as needed to perform their duties, which covers draft opinions, internal deliberations, and voting patterns. The obligation survives the clerkship; former clerks remain bound by the same confidentiality rules.
Conflicts of interest require immediate disclosure. A clerk with a personal connection to a case, a financial interest in a party, or a prior professional relationship with any lawyer involved must inform the justice. The standards sweep broadly, covering the clerk’s spouse, minor children living in the household, and relatives within three degrees of relation. Clerks cannot accept gifts from anyone doing business with the Court or whose interests could be affected by their work. Political activity is prohibited while serving: no running for office, campaigning, public endorsements, or political contributions. The Court provides mandatory ethics training to all employees.10Supreme Court of the United States. Code of Conduct for Justices – November 13, 2023