Crime Victim Litigation Clinic

Under the supervision of Executive Director Meg Garvin, and the lawyers of the National Crime Victim Law Institute (NCVLI), students support crime victim attorneys nationwide through legal research and writing that is used in a variety of ways, including: to support lawyers nationwide who are directly representing crime victims in criminal cases; to help NCVLI write amicus curiae briefs that are filed in trial and appellate courts nationwide; to help NCVLI anticipate and prepare for future litigation at both the trial and appellate levels; and to contribute to NCVLI’s library and brief bank on victims’ rights issues, which advances the law for survivors through litigation, legislation, and policy work.

Three Lewis & Clark law students took the Crime Victim Litigation Clinic this fall.  Students worked on a variety of projects requiring them to apply legal research, writing, and analysis to live legal issues.  Specific examples of these projects included:

• Writing a legal memorandum on whether victims of sexual assault that occur on Arizona tribal reservations are entitled to a free sexual assault forensic exam, and if so, what agency is responsible for paying the cost of the exams?;
• Providing emergency research to a private attorney in Pennsylvania who was objecting to defense counsel’s subpoena of his minor victim’s guardian ad litem (GAL) for the purpose of questioning the GAL about an alleged recantation the minor made to the GAL;
• Analyzing whether a dismissal with prejudice has the same legal effect as a conviction for purposes of enforcing Oregon victims’ rights.

The clinic provided the students with exposure to the multi-dimensional field of victims’ rights by hosting numerous guest speakers who presented on topics related to victims’ rights.  The speakers included victim attorney Brandon Simmons of the Utah Crime Victims Legal Clinic presenting “In the Trenches: Representing Crime Victims in Criminal Proceedings”;  national victims’ rights expert Professor Paul Cassell presenting on his latest cases focusing on victims’ right to discovery, right to intervene when rights are at risk at the appellate level, and scope of definition of victim; local immigration attorney Sherilyn Waxler presenting on the various legal protections available to undocumented immigrant crime victims; and Oregon Crime Victims Law Center Legal Director Janine Robben presenting on how victims’ rights laws have changed the legal landscape in Oregon from the time when she worked as a prosecutor.  In addition, Helene Davis, NCVLI board member and mother of a homicide victim, gave the students a victims’ perspective on the criminal justice system.  

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The Clinic is open to all second and third year law students. The Crime Victim Litigation Clinic has a simple application process. 

If you are applying for Spring 2012 clinic - we still have a few spots open! Please submit the following three items to lawreg@lclark.edu.

1.  A cover letter that identifies your expected graduation date, provides an e-mail address and telephone number where you can be reached in May and June, and specifically addresses these three points:
-your interest in, and/or background and experience with victims’ rights issues;
-your interest in, and/or background and experience with criminal law generally; and
-your interest in, and/or background and experience with advanced legal research and writing for litigation or public policy purposes.
2. Your resume; and
3. Your transcript (this can be an unofficial copy). Students will be notified of the decision regarding their application by the Registrar’s Office and the Registrar’s Office will then register admitted students.   

This is a three-credit course, with grading on a pass/fail basis. In addition to in-class hours, students are required to work on projects a minimum of 8.5 - 10 hours per week, 6 of which must be in-person at NCVLI’s downtown office.

Applications for the 2012-2013 academic year will be accepted in late spring. Watch this space for details.