Sec 7.5 Criminal Representation Limitations

A licensed legal intern can help with criminal cases, but there are limits on when a supervising attorney has to be in the courtroom too.

If the intern works for a prosecutor, the supervising attorney must be present for any jury trial, whether it's a felony or misdemeanor case. The supervising attorney also has to be there for a non-jury felony trial. For anything else, like other hearings or minor matters, the intern can handle it without the supervising attorney in the room.

If the intern works for a defense attorney, the rules are stricter. The supervising attorney must be present for every stage of a felony case, not just the trial. They also must be present for any jury trial, whether it's a felony or misdemeanor. And if a misdemeanor charge could become a felony on a second conviction, the supervising attorney must be present at every stage of that case too.

Outside of these specific situations, the intern can represent the defendant in court without the supervising attorney physically present. The rule is designed to give interns real courtroom experience while making sure a licensed attorney backs them up during the most serious or high stakes parts of a criminal case.