Colorado § 13-93-202 - Practice by law student intern.

§ 13-93-202. Practice by law student intern.

(1) An eligible law student intern, as specified in section 13-93-203, may appear and participate in any civil proceeding in any municipal, county, or district court or before any administrative agency in this state or in any county or municipal court criminal proceeding, except when the defendant has been charged with a felony, or in any juvenile proceeding in any municipal or county court or before any magistrate in any juvenile or other proceeding or any parole revocation under the following circumstances:

(a) If the person on whose behalf he or she is appearing has indicated his or her consent to that appearance and the law student intern is under the supervision of a supervising lawyer, as specified in section 13-93-205;

(b) When representing the office of the state public defender and its clients, if the person on whose behalf he or she is appearing has indicated his or her consent to that appearance and the law student intern is under the supervision of the public defender or one of his or her deputies; and

(c) On behalf of the state or any of its departments, agencies, or institutions, a county, a city, or a town, with the written approval and under the supervision of the attorney general, attorney for the state, county attorney, district attorney, city attorney, town attorney, or authorized legal services organization. A general approval for the law student intern to appear, executed by the appropriate supervising attorney pursuant to this subsection (1)(c), shall be filed with the clerk of the applicable court and brought to the attention of the judge thereof.

(2) The consent or approval referred to in subsection (1) of this section, except a general approval, shall be made in the record of the case and shall be brought to the attention of the judge of the court or the presiding officer of the administrative tribunal.

(3) In addition to the activities authorized in subsection (1) of this section, an eligible law student intern may engage in other activities under the general supervision of a supervising lawyer, including but not limited to the preparation of pleadings, briefs, and other legal documents that must be approved and signed by the supervising lawyer and assistance to indigent inmates of correctional institutions who have no attorney of record and who request such assistance in preparing applications and supporting documents for postconviction relief.

Source: L. 2017: Entire article added with relocations, (SB 17-227), ch. 192, p. 701, § 1, effective August 9.

Editor's note: This section is similar to former § 12-5-116.1 as it existed prior to 2017.

ANNOTATION

The sixth amendment requires that a licensed lawyer be present in the courtroom when a law student represents a criminal defendant during a critical stage of a criminal case. If the supervising lawyer is not in the courtroom during those critical stages, no licensed lawyer is present, and the defendant is denied his or her constitutional right to counsel guaranteed by the sixth amendment. Such a complete deprivation of counsel is a structural error, requiring reversal without regard to any showing of prejudice. People v. McGlaughlin, 2018 COA 114, 428 P.3d 691.

Issues of adequacy of representation involving violations of the rules governing student practice, other than the supervising attorney's presence, are properly analyzed under the test for ineffective assistance of counsel announced in Strickland. People v. McGlaughlin, 2018 COA 114, 428 P.3d 691.