Students in Criminal Law Practice Program partner with local prosecutor offices
In talking about the work of his students in the Criminal Law Practice Program, Robin Kennedy, associate professor of law, radiates pride. You practically need sunglasses.
Since the late 1960s, Toledo Law has included practical lawyering experience in its curriculum, and the Criminal Law Practice Program is one of the College of Law’s oldest efforts in this area. In the program, students licensed under student practice rules are placed in offices in northwest Ohio and southeast Michigan to prosecute criminal cases under the supervision of local prosecutors.
Students interview victims, negotiate plea bargains, and try cases. “Students love it, as soon as they recover from the jitters of their first appearance in court,” Kennedy said.
One such early appearance for Hermina Monroe ’13 was as lead attorney during a misdemeanor domestic violence trial in the 36th District Court in Detroit. Monroe was able to rattle off several lessons learned during the three-day jury trial, “Preparation is key, but you must be able to tailor it to what happens in court . . . Don’t give up on an objection or explanation from the judge. If you know you are right, insist with your objections or demand a response from the court, but always be courteous – and you better be right.”
Students work part-time at a prosecutor’s office during the semester-long program. There are also classroom sessions that help students to improve skills such as non-judgmental listening, negotiation, and trial practice. Kennedy also requires students to complete weekly journal entries in which they reflect on their work in the course.
“The journals let me in on the students’ thoughts and concerns. I use individual journals in class, with a student’s permission, to initiate discussion of common issues of specific skills, professional responsibility, and the balance of personal and professional life,” said Kennedy.
In addition, the supervising prosecutors are necessary and invaluable program partners. “Every one of the prosecutors who our students work with is a natural teacher, they want to teach – we are simply taking advantage of that,” said Kennedy. “And they are all generous with their time.”
Steven Hiller, the chief assistant prosecutor at the Washtenaw County Office of the Prosecuting Attorney, is one of these supervisors. Jacklyn Pasquale ’12 worked with Hiller during the spring 2012 semester. During that time, Pasquale handled three bench trials, two felony exams, one evidentiary hearing, and two hearings on motions to quash. She continued interning at the Washtenaw County prosecutor’s office following graduation, and she managed to squeeze in two jury trials this past summer before sitting for the bar exam.
“Jacklyn demonstrated from the beginning that she was highly motivated to make the most of her internship, and was eager to roll up her sleeves and do the work required to excel,” Hiller said. “As a result she will leave here with a level of real courtroom experience far exceeding that of most new lawyers. I am sure it is something prospective employers will notice.”
Pasquale believes she gained such a range of trial experiences by making herself available to colleagues within the office for any assignments. She is grateful for the experience. “There are some things you simply cannot learn without actually doing,” she said. “You can watch, you can learn in class, but until you do it yourself, some things just won’t come together.”
Kennedy often attends his students’ trials and hearings, cheering them on – silently – from the back of the courtroom. “Sometimes I get a little jealous,” he said, smiling, “and wish it was me out there.”
This story first appeared in the Fall 2012 Transcript.