Under such law school sponsored clinical instruction plan an eligible law student may appear in any court or before any administrative tribunal in this state on behalf of the state, any political subdivision thereof, or any indigent person or indigent community organization if the person on whose behalf the student is appearing has indicated in writing consent to that appearance and the supervising lawyer has also indicated in writing approval of that appearance, in the following matters: [Amended effective April 15, 1999.]
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In 1999 amendments to the rule, the Court repealed a prohibition on the representation of community organizations who are affiliated with national organizations. Affiliates of national organizations may now be represented, provided the other requirements for organizational representation have been met.
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(a) Any civil matter where the law student does not charge a client for his services; however, the supervising attorney is entitled to be awarded attorney's fees and costs for the services rendered by the student attorney and supervising attorney in those cases where the awarding of attorney's fees and costs is provided by statute.(b) Any criminal matter in which an indigent defendant does not have the right to the assignment of counsel under any constitutional provision, statute, or rule of this court. In such cases the supervising lawyer is not required to be personally present in court if the person on whose behalf an appearance is being made consents to his absence.(c) Any criminal matter in which the defendant has the right to the assignment of counsel under any constitutional provision, statute, or rule of this court. In such cases the supervising lawyer must be personally present throughout the proceedings and shall be fully responsible for the manner in which they are conducted.(d) An eligible law student may also appear in any criminal matter on behalf of the state with the written approval of the prosecuting attorney or his authorized representative and of the supervising lawyer.(e) In each case the written consent and approval referred to above shall be filed 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.(f) The procurement and filing of written consent shall not be required when the indigent client is court appointed and unable to provide written consent or approval.