The Georgia Supreme Court allows recent law school graduates to assist prosecuting attorneys in criminal proceedings in the courts of this State during the period between graduation from law school and publication of the results of the Bar Examination.[1] The Law school Graduate Program is similar to the provisions that allow third year law students to assist prosecuting attorneys but operates under the exclusive authority of the Supreme Court to regulate the practice of law in Georgia.[2]
Eligibility: To be eligible for admission under the Law School Graduate Program must meet the following qualifications:
(1) Be Aa recent graduate of a Georgia law school or of an accredited law school from another state;@[3]
(2) Have Anot yet received the results of his or her first taking of the (Georgia) bar examination.@[4]
(3) Have not Abeen denied or tentatively denied certification of fitness to practice law in Georgia, or any other state.@[5]
Procedure: A petition for admission under the Law School Graduate Program must be filed with the Clerk of the Supreme Court of Georgia by the graduate. The petition must:
(1) Contain the following information:
(a) The graduate=s full name;
(b) The graduate=s address
(c) The graduate=s social security number;
(d) The name of the law school from which he or she graduated and the date thereof.
(e) The name and title of Athe Attorney General, district attorney, solicitor general, solicitor . . . whom the graduate intends to assist;@[6]
(2) Be signed by the graduate and Athe Attorney General, district attorney, solicitor general, solicitor . . . whom the graduate intends to assist;@[7] and
(3) Have attached Aevidence of certification of fitness to practice law from the Board to Determine Fitness of Bar Applicants issued under Part A, Section 11 of the Rules Governing Admission to the Practice of Law, or similar certification from another state;@[8] or
(4) Include within the petition, a statement concerning Athe status of the graduate's fitness application in Georgia or any other state, if any.@
If the petition is granted, the Clerk will issue a certificate to the graduate.[9] The Agraduate shall present such certificate to the judge of the trial court where the graduate intends to assist in proceedings.@[10]
The judge of the trial court must enter an order prescribing the Aform and manner@ in which the law school graduate is allowed to participate in proceedings.@[11] (See sample trial court orders below.)
The law school graduate must take and subscribe to an oath Asimilar to the oath required by a district attorney, a solicitor general, a solicitor@[12]
A copy of the Supreme Court certificate, the graduate's oath, and the judge's order must be filed with the Clerk of the court in the county where the law school graduate will be assisting.[13] If the law student will assisting a 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.[14]
Authority of law school graduates: Law school graduates Amay assist in proceedings within this state as if admitted and licensed to practice law in this state.@[15] In addition they may prepare and co-sign appellate briefs in the Georgia Supreme Court.[16]
Any document co-signed by a law school graduate must clearly state his or her status and should be co-signed by his or her supervising prosecutor.[17]
Supervision.
Law school graduates must be supervised at all times by a prosecutor who is admitted to the practice of law in Georgia.[18] All briefs, pleadings and charging instruments must be signed by the district attorney, solicitor-general or a designated assistant.[19] When a law school graduate appears in court on behalf of the State, a prosecutor must be physically present.[20]
Termination.
The authority of a law school graduate to practice is terminated:
(1) On the last day of Athe month (October or May) in which the results of the first Georgia Bar examination given after the petitioner's graduation (are) published;[21]
[1] Ga. S.Ct. R. 97 through 103.
[2] GRECCA, Inc. v. Omni Title Servs., Inc., 277 Ga. 312 (2003); Wallace v. Wallace, 225 Ga. 102, cert. denied, 396 U.S. 939, 90 S. Ct. 369, 24 L. Ed. 2d 240 (1969); Sams v. Olah, 225 Ga. 497 (1969); Huber v. State, 234 Ga. 357, 359 (1975).
[3] Ga. S.Ct. R. 99.
[5] Ibid. While the Rule does not require that the applicant have received the certification of fitness to practice law from the Board to Determine Fitness of Bar Applicants, it is highly recommended that this step be completed before submitting the application.
[6] Ga. S.Ct. R. 99, & 1.
[7] Ga. S.Ct. R. 99, & 1.
[13] Ga. S.Ct. R. 101 & 2.
[16] 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.
[17] 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.
[18] Ga. S.Ct. R. 98; Ga. Rules of Professional Conduct, R. 5.3.[19] Ga. S.Ct. R. 98.
[22] Ga. S.Ct. R. 102. If this occurs, the law school graduate is required to Anotify the judge of the trial court where he or she is assisting in proceedings immediately.@ Ibid.
