In Arizona, some law students can appear in court and participant actively in the proceedings pursuant to Arizona Supreme Court Rule 38. To be eligible to appear, the law student must file a certification with the court stating they meet certain requirements. In cases representing felony defendants a supervising attorney must be present at all times and the defendant must consent in writing to have the law student represent them.
In State v. Demirus Ananda Kopeke, No. 2 CA-CR 2015-(6/29/16) the defendant was charged and convicted at trial with a felony. In the course of the representation defendant’s attorney, who was always present, was assisted by a law student who told the court he was appearing on the defendant’s behalf as a certified limited practice student pursuant to Rule 38(d)(5). The law student and the attorney both substantially participated in arguing the motions, some of which the court granted and others it denied. The case proceeded to a jury trial, at which the defendant’s attorney and the law student were again present. The law student gave the opening statement, cross-examined several of the state’s witnesses, and conducted the direct and redirect examination of the defendant. The defendant was convicted and sentenced after trial.
On appeal the defendant pointed out the law student had not filed the required certification with the court, nor had obtained the defendant’s written permission to represent her. Because of these errors the defendant contended she had been denied her constitutional right to competent attorney.
The court of appeals disagreed, stating that at all stages of the proceeding a licensed attorney was present and represented her, thus her constitutional right to competent counsel had been fulfilled. However, the court also said its ruling against the defendant did not mean the lack of a signed consent was a minor problem, but should be taken seriously.
The case may be found at:
https://www.appeals2.az.gov/Decisions/CR20150308opinion.pdf
If you’ve been charged with DUI or another criminal offense, getting help from an experienced and knowledgeable lawyer is one of the best things you can do for your case. Gordon Thompson has been practicing criminal and DUI law since 1979, and has used his vast experience to help countless people charged with DUI and other criminal offenses get the best result. Call Gordon Thompson now, 24/7, so he can put his many years of experience to use and help you get the best result for your DUI or criminal case.
