U of M law students earn experience in juvenile courts
Third-year law student Maggie Kelley will leave the University of Memphis next year with a wealth of courtroom experience, having represented children in juvenile court for months before she graduates.
Kelley is one of seven law school students who are participants in the university’s Children’s Defense Clinic, which allows supervised law students to represent youth facing charges in the juvenile justice system.
The program opened Aug. 11 under the direction of Lisa Geis, who moved from the District of Columbia to Memphis to helm the clinic.
“They handle the case,” Geis said. “They’re supervised by me, but really other than saying hello to the judge I have yet to say a word in court.”
Almost a month in to the semester, her students are handling 10 cases, she said. Kelley, 24, said the charges in each case range from theft to vandalism to cases of aggravated assault.
Before setting foot in a courtroom as attorneys, the students went through an extensive orientation where they learned about the role of juvenile defenders and the juvenile justice system. They observed in juvenile court and met Judge Dan Michael. The students meet for a two-hour class every Wednesday and each student meets with a supervisor once a week to reflect on the case and how it’s going, Kelley said. The students did about 40 hours of preparation work before they touched a case file and practice courtroom situations in class so they are prepared for the real thing, Geis said.
“It’s definitely more of a safe zone to learn,” Kelley said. “If I had to go out in the real world right now and go argue something in court I’d be terrified. But this experience is giving me the opportunity to have a supervisor.”
Geis said the clinic teaches students that juvenile defense is hard, specialized work.
“They have had the opportunity to stand beside their young clients before the court,” she said Thursday at a luncheon marking the clinic’s opening. “They have had the privilege to be the voice for their clients, the most vulnerable members of our community.”
Shelby County Public Defender Stephen Bush said in an email that the clinic will serve as “an important engine” for reform in Shelby County’s juvenile defense system.
In 2012, the Department of Justice released a report stating the Juvenile Court of Memphis and Shelby County discriminated against African-American children, provided unsafe conditions, and failed to provide due process to youth during court proceedings. The court is currently under federal monitoring following the DOJ’s investigation. A June report written by David Roush, the consultant monitoring the detention facility, contained allegations of youths being locked in rooms for 23 hours with handcuffing and shackling during the out-of-room hour. Detention chief Kirk Fields disputed the allegations.
“The Clinic will also drive positive system reform by dedicating resources to the litigation of complex issues and by focusing services on specific vulnerable populations that may be beyond the capacity of the public defender and private bar,” Bush wrote.
Geis said the clinic essentially provides eight more lawyers (herself and the students) to take on cases in the system. The law school will begin providing monthly training to practicing juvenile defenders as well, she said.
“The law students, under school supervision, will only represent a certain number of clients, but they will be able to dig more deeply into specialized areas of practice that may be beyond the scope of what public defenders’ can do,” Bush said. “For example, a student in the clinic might engage in educational advocacy to secure a school solution that can make all the difference in that child’s life.”
For Kelley, the opportunity to engage with her young client has offered valuable insight into the complexities of representing children in court.
“I’ve worked at the city attorney’s office and I’ve clerked for a judge, but I’ve never had a real client interaction,” Kelley said. “Seeing my client as an individual kid and looking at all the circumstances surrounding and interviewing him and building a rapport with him has been an invaluable learning experience.”