Public Defender Program

Public Defender/Regional Conflict Counsel and State Prosecutor
Externship Overview

In these programs, students are placed in prosecution and public defense offices throughout Florida, and actively participate in the processing of cases in the criminal justice system. There are two distinct programs, “part-time” and “full-time,” based on differing credit, time commitment, and assigned responsibilities; and there are different prerequisite tracks for the high-credit program, all explained below. (Note that the lower-credit, part-time program is currently on trial basis, and may be amended or discontinued based on experience.) Read the descriptions carefully in view of the differing credits, activities and responsibilities, eligibility, and prerequisites. All programs run for the full 13-week semester except as noted for some summer options.

Summary of Main Eligibility Differences: The full-time program requires either Criminal Practice Clinic or Trial Practice; neither course is required for the part-time program. Similarly, the full-time program requires Florida Bar background clearance (to qualify for Certified Legal Intern status); clearance is highly desirable but not required for the part-time program. If you are qualifying for the full-time program by taking Trial Practice (not Criminal Practice Clinic), you must prepare for and participate in 10-12 hours of classroom instruction in pretrial skills, generally in the evenings or on Fridays during a semester before the externship. All students seeking the part-time program must also participate in this classroom instruction.

Selection: Students provide a statement of purpose with their application, and are matched with offices and divisions based on a number of considerations, including training, certification status, background, interest, and personality qualities. Interviews may be required by the externship faculty and/or the placement office.

The prosecutor/defender externships are rigorous experiences which require initiative, focused attention, interpersonal skills, and self-motivation from each student. Consequently, students whose previous record creates questions about these qualities will receive reduced priority.

S/U Credits: All programs are ungraded; all students (and especially transfers) should be aware of the number of permitted S/U credits toward graduation before applying for these programs. Students are permitted, with written notice and after consultation with the externship faculty, to enroll in a program for less than the full number of credits offered, provided the student undertakes the full program as established.

State Prosecutor/Public Defender (Full-Time)

12 credits: (Fall/Spring/Summer: 40 hours/week, 13 weeks; no other courses allowed), or

9 credits: (during Fall or Spring: 30 hours/week, 13 weeks, one other 2- or 3-credit course permitted; during Summer: 40 hours/week for 10 weeks, no other course allowed)

Number of Positions: There are currently 6-9 placements each, for prosecution and Public Defender (not including Regional Conflict Counsel), available in Tallahassee, Quincy, Monticello and Crawfordville, and numerous other offices throughout the state encourage student participation (details from Clinical Externship Program office).

Students are supervised in representation of the state or defense in criminal cases. Activities generally include witness or client interviewing, plea negotiation, motion practice, and hearings or trials as available. Interested students should be aware that these externships, like the actual work of a prosecutor or public defender, involve a large amount of case processing, plea negotiations, and the like. A student’s time is therefore not primarily spent in trials, and this reflects the reality of a prosecutor or defender in practice.

The Perspectives segment of the Prosecutor/Defender program is substantial throughout the semester. It includes daily reflective journals, regular reports, web-based discussions based on review of the Criminal Practice (Clinic) materials, and other interaction with the faculty supervisor.

Prerequisites:

TRACK ONE: Students must have satisfactorily completed Evidence, Professional Responsibility and the Criminal Practice Clinic course (“S” grade generally required). Criminal Procedure—Police is also required unless student obtains a written waiver for approved self-study, when applying for the Criminal Practice Clinic (CPC) course, from Professor Krieger. Students must also have clearance from The Florida Bar. and be certified pursuant to the Student Practice Rule. The Externship office will pursue certified Legal Intern (CLI) status for eligible students once they are confirmed to participate in the Externship.

TRACK TWO: Same as Track One, but Trial Practice is required instead of Criminal Practice Clinic, and Track Two includes preparation for and participation in 10-12 hours of classroom instruction in pretrial skills. Classes may take place during the first week of the externship, or in the evenings or on Fridays during a semester before the student’s externship.

Strongly Recommended Courses: Florida Criminal Practice, and Criminal Procedure—Adjudication.

Selection: Students provide a statement of purpose with their application, and are matched with offices and divisions based on a number of considerations, including training, certification status, background, interest, and personality qualities. Interviews may be required by the externship faculty and/or the placement office.

Pretrial Practice- State Prosecutor/Public Defender/Regional Conflict Counsel (Part Time)

6 credits: (during Fall/Spring: 20 hours/week, 13 weeks, up to 9 other credits allowed; during Summer: 30 hours/week for 9 weeks, up to 2 other credits allowed)

Number of Positions: 2-3 in each local (Second Circuit) office, currently on a trial basis. May also be available in other offices statewide (contact Professor Krieger for details).

Students will generally assist attorneys in their representation or prosecution of indigent criminal defendants, and may conduct fact investigation, process discovery, interview clients or witnesses, research and draft memoranda or pleadings, and assist attorneys in court. Some appellate work may also be included. Certified students may, in addition if opportunities are available, advise clients, negotiate pleas, and conduct or participate in depositions and limited courtroom proceedings (pleas or other hearings; possibly motions or trials based on student’s schedule and case availability).

Students participate 20 hours per week on site, generally in half-day (4 hour) or longer blocks of time. Some morning hours are preferred.

The Perspectives segment of the program is substantial throughout the semester. It includes daily reflective journals, regular reports, and summaries or web-based discussions based on review of assigned criminal practice materials, as well as prior completion of pretrial skills training (described below).

Eligibility: Students may participate after three semesters (minimum of 38 law school credits completed), and may apply whether or not they will be certified for student practice (CLI). Students must prepare for and participate in 10-12 hours of classroom instruction in pretrial skills. Classes may take place during the first week of the externship, or may be scheduled before the externship semester.

Certified students are generally preferred. Students may not take both this externship and the 9- or 12-credit (full-time) Prosecutor/Defender program.

Prerequisites: All students must have satisfactorily completed Evidence. Students seeking certification must be cleared by the Florida Bar and also have completed Professional Responsibility.

Certification: For applicants seeking certification and who provide evidence of background clearance by the Florida Bar, the Externship Office pursues certification (CLI status) with the Supreme Court of Florida.

Strongly Recommended Courses: Criminal Procedure—Police, Trial Practice, Florida Criminal Practice, and Criminal Procedure—Adjudication.