Criminal Justice Clinic

Clark D. Cunningham
W. Lee Burge Professor of Law & Ethics
Office: Law School 442
Phone: (404) 413-9168
Fax: (404) 413-9225
E-mail: cdcunningham@gsu.edu
Faculty Assistant: Karen P. Butler
    Room 402   (404) 413-9082
kpbutler@gsu.ed


Last offered Fall 2004
Not offered Fall 2008 or Spring 2009
See Criminal Justice Fieldwork & Law Reform offered Fall 2006

Web Site Address:
http:/law.gsu.edu/ccunningham/CJC/
Clinic Meetings
Monday: 2:30 - 4:30

Copyright 2004

Last updated: August 18, 2008


Georgia's Indigent Defense Crisis

Offices of the Georgia Justice Project

 


Course Description

This clinic is being taught at GSU for the first time in the Fall 2004 semester. The primary goal of the course is to give students hands-on, real-life experience in client representation and the handling of cases. To the maximum extent possible, students will have the primary responsibility for cases assigned to them and will actually be practicing law pursuant to Georgia's Third-Year Practice Rule. Students are likely to be lead counsel in pretrial hearings and will participate as active co-counsel in the conduct of trials. Students will also conduct client meetings, interview witnesses, and engage in field investigations. Although the particular setting of this clinic is the criminal justice system, the clinic is designed to teach a wide range of practical skills that will be transferable to all forms of law practice.

For Fall 2004 the clinic will work in partnership with the Georgia Justice Project (GJP), a nationally-recognized non-profit organization that has developed a unique approach to criminal justice in which legal representation is combined with social services, drug counseling and job training to support the efforts of criminal defendants to transform their own lives. The clinic will have offices at the Georgia Justice Project and case supervision will be shared between Professor Cunningham and GJP attorneys.

Professor Cunningham brings 20 years of litigation experience to the new GSU Criminal Justice Clinic, including three years as director of the Criminal Justice Clinic at the Washington University School of Law in St. Louis. His analysis of ambiguity in the federal sentencing laws in the Yale Law Journal was cited and followed the U.S. Supreme Court in U.S. v. Granderson, 511 U.S. 39 (1994) and the analysis in his article Using Common Sense was adopted by the defendant in his successful argument before the U.S. Supreme Court in Bailey v. U.S., 516 U.S. 137 (1995). He has been honored by the City of St. Louis for his work as a special prosecutor in litigation to close down properties used for drug trafficking. In the fall of 2003 his investigation of the Atlanta Traffic Court revealed widespread constitutional violations in pretrial detention, leading to reformed procedures for persons arrested for traffic tickets. He has been appointed by the Georgia Supreme Court to serve as Co-Reporter for the Chief Justice's Commission on Indigent Defense.

Prerequisites. Because students will be appearing in court pursuant to the Georgia Third-Year Practice Rule, students must have completed 2/3 of the credit hours required for graduation (i.e. 60 credit hours) before the beginning of the Fall 2004 semester. No specific courses are required as prerequisites. Students must have flexible schedules to accommodate the court schedules where the students will be practicing; efforts will be made to accomodate students who are working. Personal transportation is required. Enrollment is limited and by permission of Professor Cunningham. Click here for Clinic Contract that accepted students must sign.

Attendance and Professional Responsibility. Students are required to attend the weekly clinic meeting (Mondays from 2:30 - 4:30), to maintain scheduled office hours, and to turn in detailed weekly time sheets. Failure to comply with these requirements may result in required withdrawal from the course. Students must spend a minimum of 168 hours on clinic work over the course of the semester, documented on time sheets. (The weekly clinic meeting counts toward the required hours.) In addition students must show consistent professional responsibility in the handling of clinic cases, including thorough preparation for all court appearances; high quality written work; courteous and timely communication with clients, prosecutors, and court officials; and careful case planning to comply with deadlines.

Grading: The clinic is graded on a pass-fail basis. However, see Attendance and Professional Responsibility regarding requirements that must be met to avoid required withdrawal.

General Information (Course Administration)

CONTACT INFORMATION
Clark D. Cunningham
Office: Law School 442
Phone: (404) 413-9168
Fax: (404) 413-9225
E-mail: cdcunningham@gsu.edu
Faculty Assistant: Karen P. Butler
    Room 402   (404) 413-9082 kpbutler@gsu.ed