There are thirteen federal judicial circuits, each with a court of appeals (click here for a listing of the circuits and the states that comprise those circuits). While there are certainly similarities among the circuits in the types of cases heard, different circuits also often hear different kinds of cases. For example, the D.C. Circuit hears a great deal of administrative law cases, but not many criminal law cases; the Second Circuit tends to hear numerous financial and corporate law cases; and the Sixth Circuit tends to preside over numerous labor law cases. The Federal Circuit, unlike the other circuits, is a court of limited jurisdiction; it predominantly hears patent and trademark cases and civil cases brought against the federal government.
Active circuit judges generally hire three clerks for a one-year term. Chief judges may hire four clerks, and senior judges may hire one or two, depending on the size of the caseload they maintain. Some federal judges (at both the circuit and district level), however, have begun hiring career, or permanent, clerks to fill one slot in their chambers, which reduces their need for limited-term clerks.
Appellate clerks generally have no contact with attorneys or parties in cases before the court. Typical duties include reading the briefs and selected portions of the record; independently researching the legal issues raised on appeal; preparing bench memoranda summarizing and framing the case, explaining the facts and legal issues, and recommending a disposition or conclusion; suggesting questions to be asked at oral argument; discussing the case with the judge and/or co-clerks; and attending and evaluating oral arguments. After oral arguments, if the judge is assigned to write the opinion, the clerk will usually be asked to write a first draft, which the judge will revise and edit. In some chambers, however, the judge writes the first draft, and the clerk is asked to comment, edit, and provide additional research. If the judge is not writing the opinion, the clerk may be expected to read and analyze the circulating draft opinion, offer advice on whether the judge should join the opinion, offer suggestions for change, or write a draft of a concurring or dissenting opinion. The amount of advice a clerk is asked to render on these opinions varies with the judge.
