The Justice System Evolves: For Better or For Worse?

I was told over and over again when I went took classes for my paralegal certificate, "There are three major things you cannot do as a non-lawyer. 1) Retain clients, 2) Give binding legal advice, and 3) Argue in court."

My limited experience as a paralegal in a criminal defense office has shown me that my boss enjoys precious little more than advocating for his client and sticking it to the prosecutor! Well folks, in New Jersey, with a big change in rule #3, sticking it to the prosecutor may become somewhat easier in the near future.

The Superior Court of New Jersey, Appellate Division has recently ruled that in Mercer County, third- year law students participating in internship programs with the court can now perform such tasks as presenting cases to the grand jury, handle selected juvenile matters in the family court, appear for bail hearings and reconsiderations, arraignments, guilty pleas and sentencing. They may also argue "motions of all types, including those requiring evidentiary hearings, and they may argue municipal appeals." (source: Trenton Times)

According to Assistant Prosecutor Hersh, who was interviewed by the Times on this subject, "These are law students in good standing. They are never, ever in court without being supervised by an assistant prosecutor. They are absolutely not flying solo." (Also from the Times article.)

Regardless, I hardly believe that huge mistakes on the part of these interns due to inexperience can be remedied by any supervisory attorney. While these interns cannot (yet) conduct the bulk of a trial, motions such as those mentioned above can make or break a case!

This has implications for victims seeking justice as well. How would family members of a victim feel if they knew an intern was appearing to argue a suppression motion involving vital evidence in a murder case?

Interesting questions.

I'm not suggesting that all interns will screw up a case. Far from it! In fact, some third-year law students are probably more than competent to try a case in court. However, there is an inherent difference in skill between someone who is not yet legally allowed to perform all functions in a court room and someone who has been arguing cases regularly for decades.

It's forseeable that this new program will come under scrutiny when a crucial error is made by an intern. For now, the article explained that this type of program is also in place in several other counties in the state.

Where will the line be drawn between what only a lawyer can do,  and what can be accomplished with a stand in (be it a paralegal or an intern)? And are these types of programs degrading the value of having passed the bar?

Let me know what you think.