Qualifications, Salary, and Benefits

Updated August 5, 2026

Qualifications

Law Clerk (Chambers, Pro Se, Death Penalty and Bankruptcy Appellate Panel)

The Judicial Conference of the United States established the minimum qualifications for law clerks, and judges may add additional requirements for the position. Judges list their specific qualifications in the position posting within the OSCAR system. At the time of appointment to a law clerk position, a new appointee must meet the following general requirements:

• Be a law school graduate, or certified as having completed all law school studies and requirements and merely awaiting conferment of degree; and
• Have demonstrated one of the following accomplishments or proficiencies:
  • Standing within the upper third of the law school class from a law school on 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
  • Demonstrated proficiency in legal studies, which in the opinion of the judge, is equivalent of one of the above.

The law clerk selectee must also undergo a Federal Bureau of Investigation (FBI) fingerprint check. In addition, a judge can also require a new law clerk to undergo an FBI name check and a credit check. Employment is provisional and contingent upon the satisfactory completion of the required fingerprint check and other optional FBI checks. The employing court will arrange for all necessary background checks.

Staff Attorney

The Judicial Conference of the Unites States established the minimum qualifications for staff attorneys. Senior staff attorneys can add additional requirements and list their specific qualifications within the position announcement in the OSCAR system. At the time of appointment to a staff attorney position, the candidate must:

• Be a law school graduate; and
• Meet the specific qualifications in the position announcement.

The staff attorney selectee must also undergo a Federal Bureau of Investigation (FBI) fingerprint check and any additional optional checks such as name and credit checks. Employment is provisional and contingent upon the satisfactory completion of the required FBI fingerprint check and other optional checks. The Staff Attorney Office will arrange for all necessary background checks.

Salary

Law Clerk (Chambers, Pro Se, Death Penalty and Bankruptcy Appellate Panel)

The salary levels of all law clerks is determined by the Judiciary Salary Plan (JSP), which uses the same locality rates as the executive branch. Current pay rates for law clerks, including locality, are available at Judiciary Salary Plan Pay Rates.

As the appointing authority the hiring judge assigns a selectee's grade at the time of appointment based on the selectee’s amount of progressively responsible experience in the practice of law, in legal research, legal administration, or equivalent received after graduation from law school. For clerks in the Court of Appeals for the Federal Circuit, other professional work experience in a field of the court's jurisdiction such as engineering, science, or technology, may be substituted for the required legal work experience up to the JSP-13 level at the appointing judge's discretion.

• JSP-11, step 1 – Law school graduates with academic excellence and no legal work experience.
• JSP-12, step 1 – One or more years of post-law school legal experience, plus membership of the bar of a state, territory, or federal court of general jurisdiction*.
• JSP-13, step 1 – Two or more years of post-law school legal experience, plus membership of the bar of a state, territory, or federal court of general jurisdiction*.
• JSP-14, step 1
  • Chambers law clerks - Three years of post-law school legal experience, two years of which was served in the federal judiciary as a judicial law clerk, staff attorney, pro se law clerk, death penalty law clerk, bankruptcy appellate panel law clerk, or Supreme Court Fellow, plus membership of the bar of a state, territory, or federal court of general jurisdiction*.
  • Law Clerk (Pro Se, Death Penalty, Bankruptcy Appellate Panel) - Three years of post-law school legal experience, plus membership of the bar of a state, territory, or federal court of general jurisdiction*. Post-law school legal experience in the federal judiciary is not required.

*Note: General jurisdiction is a court's authority to hear a wide range of cases, civil or criminal, that arise within its geographic area.)

All incoming law clerks with prior federal experience (and non-chambers law clerks with non-federal experience) may have their salary set higher than step 1 to match their prior salary at the discretion of the appointing judge.

Staff Attorney

The salary level for staff attorneys is determined by the Court Personnel System (CL), which uses the same locality rates as the executive branch. Current pay rates for staff attorneys, including locality, are available at Court Personnel System Pay Rates.

As the appointing authority the senior staff attorney assigns a selectee's classification level and step at the time of appointment based on the needs of the court, and the amount of progressively responsible experience in the practice of law, in legal research, legal administration, or equivalent received after graduation from law school. Promotions to a higher classification after appointment are at the discretion of the appointing authority and are not guaranteed.

Classification levels for staff attorney range from CL 27 to CL 31:

• CL-27 – Law school graduates with no legal work experience.
• CL-28 – One year* of post-law school legal work experience.
• CL-29 – Two years* of post-law school legal work experience and admission to practice before the highest court of a state, territory, commonwealth, or possession of the United States.
• CL-30 – Three years* of postgraduate legal work experience and admission to practice before the highest court of a state, territory, commonwealth, or possession of the United States.
• CL-31 – (Reserved for supervisory staff attorneys) Four years* of postgraduate legal work experience and admission to practice before the highest court of a state, territory, commonwealth, or possession of the United States.

*One year of experience must be equivalent to work at next lower classification level.

Incoming staff attorneys who have prior federal experience may also be eligible to match their highest previous rate of federal pay within the classification level for which they qualify. In addition, if the senior staff attorney finds the selectee has "unusually high or unique qualifications" or the office has a special need for the selectee’s services, the senior staff attorney may appoint the new staff attorney at any step up to step 61 in the classification level.

Benefits

Benefits for law clerks and staff attorneys are dependent on the length of their appointmen, as follows:

Benefits Summary Table (Gary Version)

1 Available only if transferring without a break in service from a previously covered position.

2 Includes Pro Se, Death Penalty, Bankruptcy Appellate Panel law clerks.

Key

Alternative Options for Benefits Area

The Judiciary offers multiple benefits programs to provide peace of mind and protection for you and your loved ones including:

• Federal Employees Health Benefits Program (FEHB)
• Federal Employees Dental and Vision Insurance (FEDVIP)
• Federal Employees’ Group Life Insurance (FEGLI)
• Health Care Reimbursement Account (HCRA)
• Dependent Care Reimbursement Account (DCRA)
• Thrift Savings Plan (TSP)
• Retirement
• Leave

Benefits for law clerks and staff attorneys are dependent on the appointment length, as follows:

Benefits Summary Table

Notes:

• If the total appointment duration is 1 year or less, most benefits are only available if transferring without a break in service from a previously covered position.
• All appointments over 90 days are eligible for FEHB and FEDVIP.
• Leave Benefits:
  • Law clerks are not covered under the Leave Act unless the appointing judges specifically choose to include them.
  • Staff attorneys are covered under the Leave act

Benefits Summary Table (option 2)