MSU Law Public Defender Clinic working to ensure fair trials

Clinic Director Bradley Hall is next to clients (left) and MSU law students (right)

By Jack Harrison
MSU Law

 
Students at the Public Defender Clinic housed at Michigan State University’s College of Law are not afraid to deal with tough cases. The work they do is important and it’s not always seen. It could be dealing with officer misconduct or a lack or rights being read; it could be working to get new evidence introduced or appeals granted; or it might mean getting charges dropped or lessened for clients. 
The clinic — established only a year ago by Director Bradley Hall to bring a criminal justice clinic to the MSU College of Law — has already been working with clients across the state. 

Hall and students have met with prosecutors in Genesee and Wayne counties, gone before the Michigan Court of Appeals to argue cases, and traveled to the Upper Peninsula, going to prisons and strategizing with public defenders late into the night hours. 

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How the clinic operates 


At the clinic, MSU law students work on six or more cases in any semester. Pairs are often third- and second-year students so there is collaboration and mentorship between students.

At the start of each term, Hall reaches out to a list of statewide public defenders to see what cases are strong matches to undertake. The clinic is unique because students are assigned cases that are on appeal but have not yet gone to trial.

“We look for cases that have not reached trial because they present an opportunity for us to partner with the specific public defender who is working on that case at the trial level,” Hall said. “We step in to fill that gap before the case goes to trial to get more just outcomes for clients and appeal what could be an unfair charge or process.” 

MSU law students assist with writing and filing briefs that they work on all semester. But there are times when they meet with prosecutors to see what they may reconsider — since prosecutors have much power in the legal system. If charges are not dropped, there still might be efforts for new motions and evidence. 

Students often meet incarcerated clients to learn more about cases as well as hold meetings with judges and community members, which gives students strong seminar component exposure and experience and helps them learn more about the whole processes.

Hall ensures that students are leading the work. In meetings with prosecutors, Hall has students present, sharing extensive knowledge of the case and making arguments back and forth with the prosecutor for why a charge may not be right. In some cases, students present directly before judges. Hall recalls students going up against attorneys with decades of experience, displaying their extensive knowledge of a case and earning victories for their clients. 

The clinic has provided support to clients all over the state, with most of its cases arising in Wayne County, which accounts for more criminal cases than any other county in the state. 


Hall holds a meeting in his office to discuss a preconviction appeal.

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Addressing legal tundras 


Outside of the big cities, the clinic is also looking to support clients in underrepresented areas. According to Hall, Michigan has a legal tundra in many rural areas, such as the Upper Peninsula, where the clinic has worked in some cases.

Hall said there is a big problem of attorneys not putting down roots to have careers in these areas. 

“You need to find people who are interested in being a big fish in a small pond who thrive in that environment,” Hall said. 

There are also complex and interesting legal issues in rural communities — and that is why Hall makes sure to consider those types of cases when he determines the clinic’s portfolio each term.


MSU students, Stephanie Leavens and Borna Mafie, visit the Delta County Sheriff’s Office in Escanaba, Michigan, where they meet defense attorney Diane Kay-Hougaboom.


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Training future defenders and attorneys


Hall values the state’s support because a key objective of the clinic is to establish a pipeline for students who want to have careers in public litigation, speaking to how the clinic is an investment in the state’s future. 

Clinic students can be trained and encouraged to practice in underserved areas across Michigan—already translating into opportunities. Both past clinic students have landed jobs in urban and rural defender offices in Michigan, while current students are interviewing and looking for future jobs at some of the offices the clinic has worked with.

“We have already begun developing a relationship with many public defender offices so we can become a steady pipeline for students to find permanent employment in these offices and to ultimately cultivate a holistic public defense culture in Michigan,” Hall said. 


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