1-8. What programs are available for law students?

A. Judicial Extern Program.

1) Each justice decides upon how he or she will structure an extern program for law school students. Externships are available during the school year and the summer. The program is administered by the individual justices and staffs, and typically involves intense, supervised work in legal writing, legal research and exploration of various areas of substantive law. Students may earn course credit depending on the policies of their law schools.

2) The individual justices establish the criteria for selecting extern candidates. Candidates must have completed the first year of law school coursework, and usually commit a minimum of 20 hours per week to the program, although the hours may vary according to the needs of the justice and the time of the year. The program is highly competitive, and there are many qualified applicants. Standards for selection include: (a) legal, professional and intellectual skills to do the work required, (b) dependability, reliability and interpersonal skills, (c) commitment, and (d) integrity.

3) Application Process

1. Candidates should check with their law schools to determine the procedures and timing for submitting applications for judicial externships with any particular appellate court justice in Division Three.

B. Certified Law Students.

1) As authorized by Rule 9.42, the California State Bar has established a program, the Practical Training of Law Students (PTLS) Program, to allow certified law students to participate in certain court proceedings, including at the Court of Appeal, under the direct supervision of a supervising attorney. Certification is not available for first year law students.

1. The supervising attorney should be an active member of the State Bar of California, who has practiced law or taught law in a law school as a full-time occupation for at least two years.
2. Students who are interested in becoming certified law students should submit an application for certification to the State Bar of California, Office of Certification, 180 Howard Street, San Francisco, CA 94105, telephone (415) 538-2117.
3. Click here for a link to the State Bar's website for further information about the PTLS program. Click here for a copy of the application for certified law students (PDF) and here for a copy of the State Bar's declaration by supervising attorneys (PDF).

2) Appellate Briefing. Certified law students may participate in the drafting of appellate briefs, and the brief may include a reference to the name of a participating student, with an indication that he or she is a certified student of the California State Bar's PTLS program. However, the attorney of record is the supervising attorney, who assumes personal professional responsibility for the brief, and who is the signatory (if any) on the brief. The supervising attorney's name, address and state bar number appears on the brief cover.

3) Oral Argument.

1. A supervising attorney must apply in writing to the Presiding Justice for permission for a certified law student to appear at oral argument.
2. The application must be made in writing before the date scheduled for oral argument, and served upon opposing counsel. The application should include the following: (1) a copy of the Notice of Certification / Recertification issued by the State Bar of California, and (2) a signed consent from the client. In the case of government agencies, the consent must be obtained from the chief counsel or prosecuting attorney. (Rule 9.42(d)(3).)
3. The supervising attorney is responsible for the certified law student's pre-argument preparation, and must be personally present at the counsel table during oral argument.

4) Written Opinions. According to the California Style Manual, the names of certified law students are not listed in written opinions, even if they may have argued the case with the court's permission or assisted other attorneys in preparing appellate court briefs. (Cal. Style Manual, (4th ed. 2000), § 5.24.)