Since 1970, Georgia law has permitted law students to assist prosecuting attorneys in criminal proceedings in the courts of this State.[1] Under the provisions of “The Law School Public Prosecutor Act of 1970," the district attorney, solicitor-general, the Attorney General, the executive director of the Prosecuting Attorneys= Council of Georgia or the prosecutor for a municipal or recorder=s court may apply to have an eligible law student admitted to practice to “assist in criminal proceedings within this state as if admitted and licensed to practice law in this state.”[2] In addition, the Georgia Supreme Court has adopted rules permitting third-year law students to assist prosecuting attorneys.[3]
Eligibility: To be eligible for admission under the “The Law School Public Prosecutor Act of 1970,” a law student must meet the following qualifications:
(1) Be “regularly enrolled and in good standing in a law school[4] within or outside this state;”[5]
(2) Have “satisfactorily completed at least two-thirds of the requirements for the first professional degree in law (J.D. or its equivalent) in not less than four semesters or six quarters of residence;”[6]
(3) Be certified by the dean of the law school that he or she meets requirements (1) and (2) and that he or she is of “good moral character.”[7]
Procedure: The application for admission under “The Law School Public Prosecutor Act of 1970,” must be submitted to a judge of the Superior Court in the Judicial Circuit in which the law student will practice.[8] The application should be signed by the elected or appointed head of the office. If the judge approves the application, the judge must sign an order authorizing the law student to assist the prosecuting attorney and the law student must take and subscribe to “an oath similar to the oath required by a district attorney.”[9]
A copy of the dean's certificate, the oath of office, and the judge's order must be filed with the Clerk of the Superior Court in the county where the law student will be assisting.[10] If the law student will be assisting the district attorney in a multi-county circuit, copies of the dean's certificate, the oath of office, and the judge's order should be filed in each Clerk=s office.[11]
Authority of third-year law students: Students admitted under the “The Law School Public Prosecutor Act of 1970” or the Supreme Court Rules “may assist in criminal proceedings within this state as if admitted and licensed to practice law in this state.” This includes:
1. Any activity that the prosecutors office would normally be involved in during the investigation of a case;[12]
2. Preparing the indictment, accusation, juvenile complaint or other charging instrument;[13]
3. Appearing before the grand jury;[14]
4. Handling pretrial motions and hearings;[15]
5. Assisting with the trial “or other legal proceeding by which a person's liability for a crime is investigated or determined…”[16]
6. Preparing and co-signing appellate briefs in the Georgia Supreme Court.[17]
Any document co-signed by a third year law student must clearly state his or her status and should be co-signed by his or her supervising prosecutor.[18]
Supervision.
Third year law students must be supervised at all times by a prosecutor who is admitted to the practice of law in Georgia.[19] All briefs, pleadings and charging instruments must be signed by the district attorney, solicitor-general or a designated assistant.[20] When a third year law student appears in court on behalf of the State, a prosecutor must be physically present.[21]
Termination.
The authority of a third year law student to practice under the “The Law School Public Prosecutor Act of 1970” or the Ga. Supreme Court Rules is terminated:
(1) Upon graduation from law school;[22]
(2) If the student ceases to be enrolled at school or is suspended or expelled;[23]
(3) If the student is no longer affiliated with the prosecutor=s office.[24]
Law School Graduates.
Once the student graduates, he or she is eligible for the Law School Graduate program.
[2] O.C.G.A. ' 15-18-22(d).
[3] Ga. S.Ct. R. 91 through 96. While the Supreme Court Rules are substantially similar to O.C.G.A. ' 15-18-22, there are subtle differences. The most notable is that the statute allows third-year law students to practice for up to 18 months while the court rule limits students to 12 months. Compare O.C.G.A. ' 15-18-22(f) to Ga. S.Ct. R. 95. The practical effect of this difference is negligible in most cases because, unless the student is taking a reduced class load, he or she will graduate before the 12 months expire.
[4] The law school must be “approved by the American Bar Association or which is authorized to operate under Code Section 20-3-250.8 or which was chartered and began operation in this state prior to February 10, 1937, and continued in operation in this state on July 1, 1970.” O.C.G.A. ' 15-18-22(c)(3). This provision is not in the Supreme Court Rules.
[5] O.C.G.A. ' 15-18-22(c)(5); Ga. S.Ct R. 93.
[7] O.C.G.A. ' 15-18-22(e); Ga. S.Ct. R. 94.
[8] Ibid.; The Georgia Supreme Court requires that the application be submitted to a “judge of the court in which such authority will be exercised.” Ga. S.Ct. R. 94, & 1.
[9] O.C.G.A. ' 15-18-22(e); Ga. S.Ct. R. 94, & 1.
[10] O.C.G.A. ' 15-18-22(f); Ga. S.Ct. R. 94, & 1.
[11] Ga. S.Ct. R. 94, & 2.
[12] O.C.G.A. ' 15-18-22(c)(1).
[13] O.C.G.A. ' 15-18-22(d); Ga. S.Ct. R. 92.
[16] O.C.G.A. ' 15-18-22(d).
[17] Ga. S.Ct. R. 4(1). The rules of the Georgia Court of Appeals do not allow law students or law school graduates to co-sign briefs or motions.
[18] Ga. S.Ct. R. 4(1); Ga. Rules of Professional Conduct, R. 5.3; St. Bar of Ga. Formal Advisory Op. 00-2; St. Bar Disciplinary Advisory Op. 19.
[19] O.C.G.A. ' 15-18-22(d); Ga. S.Ct. R. 92; Ga. Rules of Professional Conduct, R. 5.3.
[20] O.C.G.A. ' 15-18-22(d); Ga. S.Ct. R. 92.
[22] O.C.G.A. ' 15-18-22(f); Ga. S.Ct. R. 95.
[23] O.C.G.A. ' 15-18-22(f); Ga. S.Ct. R. 95.
[24] O.C.G.A. ' 15-18-22(d).
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