Updated January 12, 2026
The Judicial Conference of the United States established the minimum qualifications for law clerks and staff attorneys. Click here for more information on qualifications.
Salaries are determined by the Judiciary Salary Plan for law clerks and the Court Personnel System for staff attorneys. Click here for more information on salary.
Benefits depend upon type of appointment for law clerk and staff attorney positions. Click here for more information on benefits.
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:
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.
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:
The staff attorney selectee also must undergo a Federal Bureau of Investigation (FBI) fingerprint check and any other 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.
The Judiciary Salary Plan (JSP) provides the salary coverage for all law clerks. The federal judiciary uses the same locality rates as the executive branch. Current locality rates for law clerks are available at Judiciary Salary Plan Pay Rates.
The hiring judge, as the appointing authority, assigns a selectee's grade and step, and thus sets the salary, at the time of appointment. A law clerk’s initial salary is based on the amount of progressively responsible experience in the practice of law, in legal research, legal administration, or equivalent received after graduation from law school; admission to practice law; and the geographic locality of the position.
(Note: General jurisdiction is a court's authority to hear a wide range of cases, civil or criminal, that arise within its geographic area.)
Appointees qualify for JSP-14, step 1 if they have at least 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 , and membership of the bar of a state, territory, or federal court of general jurisdiction. Judicial Conference policy permits only one grade 14 law clerk per chambers. Incoming law clerks who have prior federal experience may also be eligible to match their highest previous rate of federal pay within the grade for which they qualify. Specific information about salary is available prior to accepting an offer from the employing court's personnel representative.
Due to the nature of the work of 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 (whether pre- or post-Juris Doctor) on a year-for-year basis, at the appointing judge's discretion. This experience may not, however, be substituted for the federal clerkship experience required for appointment or promotion to the JSP-14.
Appointees qualify for JSP-14 step 1 if they have three years of post-graduate legal work experience plus bar membership. Post-law school legal experience in the federal judiciary is not required. Incoming law clerks who have prior federal experience may also be eligible to match their highest previous rate of federal pay within the grade for which they qualify. Salary matching/advanced in step appointments may only be applied to law clerks appointed to grade JSP-12 and above. Specific information about salary can be made available prior to accepting an offer from the employing court's personnel representative.
The Court Personnel System (CL), provides the salary coverage for staff attorneys. The federal judiciary uses the same locality rates as the executive branch. Current locality rates for staff attorneys are available at Court Personnel System Pay Rates.
The senior staff attorney, as the appointing authority, assigns a selectee's classification level and step, and thus sets the salary, at the time of appointment. A staff attorney's initial salary is based on the amount of progressively responsible experience in the practice of law, in legal research, legal administration, or equivalent received after graduation from law school; bar membership; and the geographic locality of the position.
Classification levels for staff attorney range from CL 27 to CL 31:
*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 could appoint the new staff attorney at any step up to step 61 in the classification level.
The Judiciary offers multiple benefits programs to provide peace of mind and protection for you and your loved ones including:
Benefits for law clerks and staff attorneys are dependent on the appointment length, as follows:
Notes:
| If the total duration of the appointment is… | FEHB | FEGLI | HCRA | DCRA | FEDVIP | TSP | Retirement | Leave Coverage |
|---|---|---|---|---|---|---|---|---|
| Time limited < 90 Days | No | No | No | No | No | No | No | Sick leave only (if included for Law Clerks) |
| Time limited from 90 days up to and including 1 year | Yes | No | No | No | No | No | No | Yes (if included for Law Clerks) |
| Time limited from 1-4 years | Yes | Yes | Yes | Yes | Yes | Yes (except for Chambers Law Clerks and Staff Attorneys) | Yes (except for Chambers Law Clerks and Staff Attorneys) | Yes (if included for Law Clerks) |
| Without time limitation (more than 4 years) | Yes | Yes | Yes | Yes | Yes | Yes | Yes | Yes (if included for Law Clerks) |
| If the total duration of the appointment is… | FEHB & FEDVIP | HCRA & DCRA | FEGLI | TSP & Retirement | Leave Coverage (Only if included for Law Clerks) |
|---|---|---|---|---|---|
| Time limited < 90 Days | No | No | No | No | Sick leave only |
| Time limited from 90 days up to and including 1 year | Yes | No | No | No | Yes |
| Time limited from 1-4 years | Yes | Yes | Yes | No - Chambers Law Clerks and Staff Attorneys Yes - Most Other Law Clerks |
Yes |
| Without time limitation (more than 4 years) | Yes | Yes | Yes | Yes | Yes |