Clinic Application Forms

SUPREME COURT LITIGATION CLINIC
PROSECUTION CLINIC
CAPITAL POST-CONVICTION CLINIC
INNOCENCE PROJECT CLINIC

Clinic application forms and information for some 2013-14 clinics are forthcoming.


SUPREME COURT LITIGATION CLINIC
Mr. Ortiz, Mr. Elwood, Mr. Ryan, Credits: 8

Supreme Court Litigation Clinic Application 2013-14.pdf Supreme Court Litigation Clinic Application 2013-14.pdf

This yearlong clinic will introduce third-year students to all aspects of current U.S. Supreme Court practice through live cases. Students earn eight credits (one credit graded on a CR/NC basis awarded in the fall for monitoring work done during the summer and fall; three credits graded on a CR/NC basis awarded in the fall for work done in the fall; and four credits graded on a graded basis for work done in the spring). Working in teams, students will handle actual cases from the seeking of Supreme Court review to briefing on the merits. Classes will meet every week to discuss drafts of briefs and other papers students have prepared for submission to the Court. Students will be expected to identify candidates for Supreme Court review; draft petitions for certiorari, amicus merits briefs, and party merits briefs; and attend mootings and Supreme Court arguments. Students interested in the clinic should consider attending the public information session on Monday, April 15, in WB 119 at 4:00 p.m. Those who wish to enroll must complete an application form, attach the requested documents, and submit them via e-mail to Crystal Smith (cgs8d@virginia.edu) no later than April 19, 2013 at 3 p.m. Applications received after this date will be placed on a waiting list; these students will only be eligible for consideration if openings arise. Once enrolled, NO drops will be permitted. Admitted students will be required to complete a little work over the summer before the clinic begins.

Enrollment Limitation: Students may enroll in one clinic per semester (on a space-available basis, students may petition to enroll in a second clinical offering)
Prerequisite: Third-year status, Constitutional Law
Course Requirement: Draft petitions and merits briefs, monitor lower court cases, and attend mootings and Supreme Court arguments


PROSECUTION CLINIC
Mr. Huber and Mr. Platania, Credits: 8

Prosecution Clinic web app 2013-14.pdf Prosecution Clinic web app 2013-14.pdf

This yearlong clinical course will expose students to all aspects of the prosecutorial function. Through a combination of classroom lectures and discussions, readings, guest speakers, and a field placement in one of several local participating prosecutors’ offices, students will explore a range of practical, ethical, and intellectual issues involved in the discharge of a prosecutor’s duties and responsibilities, including the exercise of discretion in the decision to initiate, prosecute, reduce, or drop charges, and sentencing; interaction between prosecutors and investigative agencies and law enforcement personnel; dealing with victims and other witnesses; and relationships with defense counsel. Ethical issues addressed may include: exculpatory evidence, duty not to prosecute on less than probable cause, cross-warrant situations, witness recantation and preparation, and improper argument at trial.

Clinical field placements will be in the Commonwealth’s Attorneys’ Offices for Charlottesville and Albemarle County, and 16 other surrounding Virginia jurisdictions within 30-75 minutes of Charlottesville, as well as the Charlottesville and Harrisonburg Offices of the U.S. Attorney for the Western District of Virginia, and the Richmond Office of the U.S. Attorney for the Eastern District. Most of the students’ responsibilities and duties will be at the trial court or pre-trial level, but may include writing appellate briefs and research assignments. Students will be assigned to one of these participating prosecutor’s offices for the entire academic year, and are expected to work there on pending cases or in court at least one day per week. It is expected that each student will work out a suitable schedule with the office to which he or she is assigned. In order to prepare for courts, many offices require or strongly recommend two days in the office a week. Requests for particular offices may be able to be accommodated, but students must be willing to work in whatever office assigned. Students are expected to provide their own transportation, at their own expense.

Slots in the United States Attorneys’ Offices are highly sought after, but be aware that typically clinic students do not get as much in-court experience in those offices as they do in state offices.

Fall semester classroom time will focus on the more common misdemeanor charges students will likely be handling in court, and the various stages of a felony criminal case in Virginia—from obtaining the charge up through trial, sentencing, and appeal—to provide a framework within which to better understand the clinical placement experience. The lectures and discussion will cover issuance of warrants by a magistrate, arrest, first appearances, bond hearings, preliminary hearings, Grand Jury, suppression hearings, competence and sanity issues, motions in limine, and trial, as well as assisting the police during the investigative stage.

Spring semester classroom time will be devoted to particular problems or issues that might arise in a criminal case, including specific difficulties encountered by students in their cases during the fall semester. These may include questions regarding prosecutorial discretion and the charging decision (and amending charges), constitutional concerns (such as search and seizure, confession and Miranda issues, right to counsel and fair trial, speedy trial, or double jeopardy), domestic violence and reluctant witnesses, relations with the police and defense counsel, capital punishment, competency/insanity, conspiracies, accessories, plea agreements, prosecutorial immunity, federal/state differences, and juvenile defendants.

Students also will be required to observe numerous court proceedings during the year and then write two short papers discussing such proceedings. There will be a written test fall semester, and a major paper spring semester on some aspect of the criminal process or prosecution. This paper is not a research paper and will not satisfy the upper-level writing requirement.

Students who wish to enroll must complete an application form and submit it via fax (434-924-4672), in person, or by mail to the Student Records Office. All applications must be received no later than 4:00 p.m. Friday, May 31th. Applications are available online and in the Student Records Office. Selected students will be notified by mid-June. Because spaces in the program are limited, and because of the need to perform background checks in some instances that require deployment of significant resources, the application sheet includes a formal representation which must be signed by the student that he or she will honor the commitment to undertake this program, if selected. Once enrolled, absolutely NO drops will be permitted. Grades will be based on the papers, test, attendance at court proceedings, and field office evaluations. It is helpful if the students applying for this clinic keep as many mornings open (free from classes) as possible since most courts meet in the morning. Students earn three credits in the fall; five credits in the spring.

Attendance Requirement: Attendance at the first class meeting is important; contact the instructor if attendance is a problem.
Enrollment Limitation: Students may enroll in one clinic per semester. On a space-available basis, students may petition to enroll in a second clinical offering after the add/drop period has ended.
Prerequisite: Third-year status, Civil Procedure, Criminal Law, Evidence, Professional Responsibility, Criminal Adjudication or Criminal Investigation or Criminal Procedure Survey, and Trial Advocacy. Either Trial Ad or one of the criminal procedure courses may be taken first semester third-year as a “co-requisite”, but not both, and students who already have all six are given preference for admission. Constitutional Law, Federal Criminal Practice, Negotiation Institute, or the Trial Advocacy College, would be helpful, but are not required. Students must be eligible for and obtain Third Year Practice Certification from the Virginia Bar (which requires third year status and the first four pre-requisites).
Course Requirement: Fall - test and two short papers; spring - major paper


CAPITAL POST-CONVICTION CLINIC
Mr. Lee, Credits: 5

Capital Post Conviction Clinic Application 2013-14.pdf Capital Post Conviction Clinic Application 2013-14.pdf

The Virginia Capital Representation Resource Center (VCRRC) will conduct a year-long clinic centered on the representation of persons sentenced to death in Virginia and issues relevant to these cases. In addition to a fall semester classroom component focused on the existing structure of, and current issues in, capital litigation in Virginia, students will analyze trial records, perform original research, write draft claims, motions, legal and investigative memoranda and correspondence, and engage in field investigations on issues particular to case needs. During each semester, students will also work directly on cases litigated by the VCRRC, conducting legal and factual research and investigation as appropriate to the cases, and assisting in the organization and management of case development as appropriate to existing cases. Students will be expected to submit timely drafts of work product for review, and to develop and exhibit basic skills in investigation, claim identification and development, and drafting documents relevant to cases at hand, research or investigation memos, draft claims, or draft motions or responses. Travel for investigative purposes should be expected, as should direct contact with clients and witnesses. There will be periods during the year when a significant time commitment will be required. Interested students should submit applications via e-mail to the instructor, Robert Lee (roblee@vcrrc.org). Enrollment is limited so early application is advised. Applicants will be notified as selections are made.

Enrollment Limitation: Students may enroll in one clinic per semester. On a space-available basis, students may petition to enroll in a second clinical offering after the add/drop period has ended.
Course Requirement: Students will analyze trial records, perform original research, write draft claims, motions, legal and investigative memoranda and correspondence, and engage in field investigations, including interviewing potential witnesses.



INNOCENCE PROJECT CLINIC
Yearlong Clinic, Professor Engle, Professor Enright, Credits: 8

Students in this yearlong clinic will investigate and litigate wrongful convictions of inmates throughout the Commonwealth of Virginia. Some of the cases will have forensic evidence (usually DNA) that could be tested, and some will be non-DNA cases. Preliminary cases will be assigned to individual clinic students for factual development and evaluation to determine whether or not the clinic should accept the case. The decision to accept or decline representation will be made by the full clinic with the final decision being made by Professors Enright and Engle. On cases that the clinic accepts for representation, students will work in teams of 3-4 to investigate and litigate those cases. In every case, students will be directed and assisted by the clinic Professors, but as students demonstrate competence and confidence, they may earn the opportunity for greater independence. Although the clinic will have a mandatory classroom component (meeting every Tuesday from 3-5 PM), most time will be devoted to casework – interviewing potential clients and witnesses, general investigation, reviewing case files, collecting records, searching court files, and drafting pleadings. Students will likely be visiting inmates at correctional centers, and conducting investigation in a wide variety of socioeconomic settings accompanied by a clinic Professor, private investigator, or, in some instances, another student.

Students should attempt to arrange their schedules to have at least one full weekday free for investigations. Some weekend and evening investigations will also be required. In addition, student teams will meet regularly with Professors Engle and Enright for supervision and direction. Students will earn eight credits for the year, four of which are graded and four of which are ungraded. Students should anticipate that the clinic will require a minimum of 15 hours per week, but the hours required for clinic work will vary according to the demands of the cases. The professors will not always be able to predict or control when the cases will demand intensive hours, so flexibility is important. ONCE ENROLLED IN THE CLINIC, YOU MAY NOT DROP.

Interested students must apply and be accepted to enroll in the clinic. To do so, please submit a resume, an unofficial transcript, and a brief cover letter explaining your interest in the Innocence Project Clinic to Professor Deirdre Enright (deirdre@virginia.edu) and Professor Matthew Engle (matthewengle@virginia.edu) no later than Friday, April 26, 2013, at midnight. Selected students will be notified via e-mail by May 3, 2013. Although grades and experience are relevant considerations, your motivation and commitment to this work will be our primary considerations in making selections. Remember that your letter of interest is our only source for evaluating those qualities.

If you have questions about the clinic before applying, please feel free to visit The Innocence Project Clinic, SL246, to speak with a current clinic student or Professors Engle and Enright. You may also email the professors or visit our offices at SL247 (Enright) and SL247a (Engle).

Enrollment Limitation: Students may enroll in one clinic per semester. On a space-available basis, students may petition to enroll in a second clinical offering after the add/drop period has ended.
Prerequisite: Second- or third-year status. Criminal Procedure and Evidence recommended, but not required.
Course Requirement: Interviewing potential clients and witnesses, general investigation, reviewing case files, collecting records, searching court files, developing and implementing litigation strategies, and more. Having access to a car for travel purposes is extremely helpful. Please indicate in your letter of interest whether or not you have access to a car for use in investigations. (You are reimbursed for your mileage.)