Federal Public Defender Capital Habeas Clinic

This clinic provides students with an opportunity to develop a well-rounded set of skills and learn diverse areas of law in one semester.

The Federal Public Defender's Capital Habeas Unit (FPD CHU) represents individuals who have been convicted of first-degree murder and sentenced to death by the State of California, and who are challenging their convictions and sentences in federal court in order to get a new trial. This clinic provides students with an opportunity to develop a well-rounded set of skills and learn diverse areas of law in one semester.

During the semester students are assigned to a capital habeas case. But before they begin working on it, they receive a week's worth of training, to teach them about the "nuts and bolts" of capital habeas litigation. In order to obtain a new trial for her capital habeas client, a capital habeas lawyer must demonstrate that her client's conviction or sentence is unconstitutional. This requires the lawyer to be well-versed in California criminal law, state and federal procedural law, and federal constitutional law. During the first week of the clinic, deputy federal public defenders ensure that clinical students gain an understanding of these areas of law, as well as the typical timeline of a capital habeas case and the difficulties capital habeas lawyers encounter when trying to obtain relief for their clients.

After gaining a solid foundation on which to build, clinical students get to work. For sixteen hours a week, clinical students work from the FPD’s Downtown Los Angeles office, where they will assist deputy federal public defenders by investigating and researching the underlying constitutional claims that will form the basis of the capital habeas client's federal habeas petition. These claims run along the entire constitutional spectrum. Some involve allegations of prosecutorial misconduct, others involve allegations of trial court error. Ineffective assistance of counsel claims are also frequently raised in these petitions. By working on a capital habeas case, a student gains a deep understanding of a broad range of constitutional issues in just a short period of time.

Working on a capital habeas case also helps a student develop both their trial and appellate skills. Unlike other lawyers, who typically possess only one set of these skills, capital habeas lawyers possess both. A habeas lawyer must be able to lead an investigation in the field and marshal evidence before a judge at an evidentiary hearing, should one be ordered. But a habeas lawyer must also be able to comb through thousands of pages of records, research complex areas of law, and synthesize that information into cogent briefs; and, should the opportunity present itself, argue in front of the Ninth Circuit Court of Appeals. Students in this clinic will attend bi-weekly meetings where they can help lawyers develop a year-long investigation plan. Students will occasionally accompany investigators into the field to interview witnesses. Students will also have plenty of opportunities to hone their research and writing skills while learning to be an effective legal writer. To win a habeas case, a lawyer must be able to tell a persuasive story, and this clinic provides students with practical tips from prominent attorneys on how to tell that story in a compelling brief.

The clinic culminates with a trip to California's Death Row, where students will have an opportunity to meet the client on whose case they had worked during the semester.

By the time students leave this clinic they will feel confident in their ability to become a criminal defense attorney. Their trial and appellate skills will be sharpened, and their understanding of criminal and constitutional law will be much more sophisticated. Equally important, the students will have had an opportunity to learn firsthand from one of the premier public defender's offices in the country about what is required to provide meaningful and effective representation to criminal defendants. 

Application Process

Completed applications will include:

1. A brief statement explaining your interest in the clinic
2. Your current resume
3. An unofficial LLS transcript or grade printout
4. A writing sample of no more than 25 pages
5.  Names of two references/recommenders

Submit your completed application packet by email directly to Paula.Mitchell@lls.edu and  Margo_Rocconi@fd.org.
Applications for Fall 2016 will be accepted on a rolling basis beginning March 15, 2016, with a final cutoff of July 15, 2016. 
Applications for Spring 2017 will be accepted on a rolling basis beginning September 1, 2016, with a final cutoff of November 15, 2016.

Prerequisites: Advanced research and writing skills, a keen aptitude for legal analysis, and a strong work ethic are essential for all students who participate in the clinic. Students are encouraged to take the Habeas Corpus Litigation Seminar and the Death Penalty Law Seminar before or in conjunction with this clinic.

 Any questions?  Contact Prof. Paula Mitchell at Paula.Mitchell@lls.edu

What the clinic's graduates say:

“My semester in the capital habeas clinic was one of the best practical experiences I had in law school. The clinic provided me with a bird's eye view of our criminal justice system because I was able to see what happened in a case from the client's arrest to the appellate stages. It was invaluable to see the many different facets involved with any one case and how there are many ways one can work to achieve justice for a client.”

“The Capital Habeas Clinic is the most hands on experience into the reality of ‘thinking like a lawyer’ that I have had in all of law school. I am not sure how any other experience could top it. You work side by side with new and supervising attorneys; working together, strategizing, writing and fighting for justice. Everyone you work alongside is so friendly and truly enjoys what they do. You will have the daily joy of working with genuine people. Most importantly, you will be challenged by the work you do every day and will learn so much. I would 110% recommend this opportunity because you get an awesome experience with awesome people. There is no downside whatsoever.”

“Participating in Loyola’s Capital Habeas Litigation Clinic was once of the best decisions I made as a law student.  Working at the Office of the Federal Public Defender gave me unmatched practical experience working on an actual capital case.  As a member of my client’s capital habeas team, I reviewed case files, conducted substantive legal research and writing assignments in support of our client’s petition, assisted with investigation, attended team meetings, and visited the client in San Quentin.  I can't say enough good things about this clinic--I would not be the lawyer I am today without it.”

“Working with the amazing team of attorneys in the CHU was a life changing opportunity.  The exposure to criminal law and habeas corpus relief, coupled with the practical experience I gained was invaluable and opened countless doors for me in my career.  I went on to secure a federal clerkship and am currently a public defender in Los Angeles County, and, thanks to my time with the CHU, I felt well prepared for the challenges of both.  Moreover, the relationships I built with experienced, passionate deputy federal public defenders continue to be some of the most meaningful professional relationships I maintain.  Most importantly, this experience helped me answer an important question: what do I want to do with my law degree?”

“My experience at the Capital Habeas Clinic has been one of the most rewarding things I have done in law school.   At the clinic, students get to work with clients sentenced to the death penalty, and see firsthand how the death penalty system works.  Working with the Federal Public Defender also allows students to meet some of the most excellent, hardworking, and sincere attorneys out there.  If any student is interested in criminal law or indigent representation, the Capital Habeas Clinic is a deeply rewarding experience that I cannot recommend highly enough.”