Chapter 10: Judicial Internships & Clerkships

Introduction

This Chapter turns to a different type of placement – the Judicial Internship. For-credit judicial internships bear similarities to clinics, co-op placements or externships. Students work under supervision and are assigned tasks for the benefit of live clients. In a judicial internship, the supervisor is invariably a judge. Because judicial internships require similar skills as other placements, this chapter overlaps with others in this book; however, the particular workplace setting is a Canadian court. In addition to learning the dynamics that come with any new workplace, working with judges involves learning the historied protocols of decorum in court and the roles of the staff that make up the system. It also requires understanding of the unique ethical context and roles of the judiciary and, by extension, the judicial intern. The authors are alive to regional differences across the provinces and territories, as population demographics and densities have real impacts on the issues that are heard in court. As in all areas of law, context matters.

Audience

This chapter is aimed at students who take judicial internship placements for credit while enrolled in a Canadian law school. It will also be helpful for students who clerk after law school, and those who work at courthouses during the summer months after 1L or 2L. Some of the themes covered in this chapter may be relevant to students in transition-to-practice programs such as the integrated Practice Curriculum (IPC).

Judicial Internships Across Canada

Law schools across the country offer variations on this form of experiential learning. For example, the Peter A. Allard School of Law at UBC has a partnership with the BC Provincial Court for a full semester of credits. The University of Alberta places students with one or more Judges of the Provincial Court of Alberta and the Court of Appeal of Alberta with a time commitment of 6-8 hours per week for 3 credits. The Schulich School of Law at Dalhousie University has a 4-month summer internship with the Nova Scotia Court of Appeal. The University of Windsor Faculty of Law offers placements that take place one day per week in regional courts and a full-time placement in the Supreme Court of the Northwest Territories.

Policies

During a judicial internship, students are bound and supported by the policies and protections afforded by the law school and the court. The interaction of these policies is not always a perfect fit, and at times policies in both contexts come into play. As such, students should seek out information either from the school coordinator or from the court administrative staff to be clear about matters that could affect their everyday routines. Of note are policies regarding interaction with other non-student staff including emergency preparedness, dress code, and harassment policies.