ACTIVITIES

(a) Definitions. As used in this chapter:

(1) “Accredited law school” means a law school accredited by an accrediting agency described in Rule of the Supreme Court Relating to Admissions to the Bar 4-13.2(a) or (b).

(2) “Law school practice program” means a credit-bearing clinical program coordinated by a law school in which students directly provide representation to clients in litigation under the supervision of a lawyer.

(b) Appearance in Court or Administrative Proceedings. An eligible law student may appear in any court or before any administrative tribunal in this state on behalf of any indigent person if the person on whose behalf the student is appearing has consented orally on the record or in writing to that appearance and the supervising lawyer has approved that appearance orally on the record or in writing. In those cases in which the indigent person has a right to appointed counsel, the supervising lawyer must be personally present at all critical stages of the proceeding. In all cases, the supervising lawyer must be personally present when required by the court or administrative tribunal, which determines the extent of the eligible law student’s participation in the proceeding.

(c) Appearance for the State in Criminal Proceedings. An eligible law student may appear in any criminal matter on behalf of the state with the written approval of the state attorney or the attorney general and of the supervising lawyer. The supervising lawyer must be personally present when required by the court, which determines the extent of the law student’s participation in the proceeding.

(d) Appearance on Behalf of Governmental Officers or Entities. An eligible law student may appear in any court or before any administrative tribunal in any civil matter on behalf of the state, state officers, or state agencies, or on behalf of a municipality or county that has a full-time legal staff with the written approval of the lawyer representing the state, state officer, state agency, municipality, or county. The lawyer representing the state, state officer, state agency, municipality, or county must supervise the law student and be personally present when required by the court or administrative tribunal, which determines the extent of the law student’s participation in the proceeding.

(e) Filing of Consent and Approval. In each case, the written consent and approval referred to above must be filed in the record of the case and brought to the attention of the judge of the court or the presiding officer of the administrative tribunal. If the client is the state attorney, state officer, or governmental entity, filing the written consent and approval with the clerk and each presiding judge once for the term of the student’s participation is sufficient.

(f) Personal Appearance for Virtual Proceedings. A supervising lawyer’s personal presence in a virtual proceeding includes remote audio-video supervision only if the supervising lawyer and eligible law student maintain a separate, confidential communication channel during the proceeding.