College of Law, Florida International University

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Introduction

The Criminal Law Clinic is offered in collaboration with the offices of the State Attorney and the Public Defender. It seeks to advance the law school’s goal of educating lawyers for the ethical and effective practice of law. The Clinic seeks to specifically achieve this goal in the area of criminal law and promote government service. As a result of this internship students will get the opportunity to develop the lawyering skills of interviewing, counseling, fact-gathering, negotiations, discovery techniques, pre-trial preparation, trial strategy, and case management skills. Students are certified by the Florida Supreme Court pursuant to the Florida Bar’s Rule Governing the Law School Practice Program. As a certified legal intern (CLI), students are directly supervised by attorneys in the Circuit or County Court of the respective offices.

Prerequisites

Students are required to have completed at least 60 credits hours of law school course work. Students must have completed Evidence, Trial Practice and Professional Responsibility. Upon approval, a student may be simultaneously enrolled in course prerequisites. The prerequisites form the basis of the certification by the Florida Supreme Court.

Placements

County Court

An assignment in County Court offers the CLI many opportunities to regularly appear in court. The CLI prosecutes or defends misdemeanor cases at all stages of case preparation including non-jury and jury trial. A CLI may be specifically assigned to special units for domestic violence and traffic and receive even more specialized training.

Circuit Court

CLIs assigned to the Circuit Court have the opportunity to work in the Juvenile or Felony Division. In the Juvenile Division, the CLI prosecutes or defends juveniles charged with felony and misdemeanor offenses. Very limited opportunities to appear in court exist with a felony assignment. However, the CLI assigned to felony will receive the opportunity to conduct legal research and depositions and provide substantial assistance in the preparation of serious and complex criminal cases.

Post Conviction

This placement is for those interested in post conviction and the appellate process of the criminal justice system. The Office of Capital Collateral Regional is legislatively mandated by the State to represent individuals who have received the death penalty. The office for this region is located in Ft. Lauderdale. Students selected to serve as interns will have the opportunity to conduct interviews and aid in the investigation, research and preparation of post conviction and appellate issues for death penalty defendants. This internship placement will offer a challenging and rewarding opportunity to participate in one of the most critical stages of the criminal justice system.

Professor Phyllis Kotey

Professor Phyllis Kotey directs the criminal law clinic. Prior to joining the FIU College of Law Faculty, Professor Kotey was a County Court Judge and an Adjunct Instructor in Trial Practice at the Levin College of Law at the University of Florida.

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