IS YOUR PUBLIC DEFENDER INTERVIEW A TEST?
I was always told by my law school professors, most of them at least, that we did not need to know case names for our exams. We just needed to exhibit an understanding of the law and apply it to the hypothetical questions presented in the exam. This is the same advice I might give to someone getting ready for their public defender interview. Don’t sweat the citations; focus on the law.
Yes, you will be asked about the law in your public defender interviews. Of course , depending on where you interview some this portion of the interview is weighted greater or lesser than other potions of the interview.
In fact, I know that some members on a panel care more or less about this than others. (I happen to be someone who places great weight on an applicant’s knowledge of the relevant law). Regardless of the weight given, it is part of your interview and thus, important.
You would be surprised however by the number of applicants, with excellent resumes and cover letters, who seem to not have a strong grasp on the law. Every time it happens I am just blown away.
Depending on a person’s resume, I may hold it against them even more if they should know the information. For example, a student who just completed an in-court internship should know what hearsay is and what the exceptions are. But it also occurs to me that students may not only be nervous going into their interviews, but they may not know what to study/read up on before they go in.
4 TIPS FOR SUCCESS AT YOUR PUBLIC DEFENDER INTERVIEW
Tip #1 – In General
- Do not worry about local rules if you are an out of state student. You’re learning the local law of your state plus federal law. Knowing the federal law is more than sufficient. I am making this my first tip because of how common an occurrence it is for the applicant to start their answer to a law question by stating, “Well, I don’t know the law in New York, but…” Just start your answer with “Under the federal rules,” or “Under the Fourth Amendment.”
- If you are a local student, I think you should know the state rules of evidence and constitutional provisions insofar as they divert from federal law. If the state law is identical to the federal law, then revert to the above advice. If the state law differs in any significant way, make a note of it. So, “Under the federal rules, X is the outcome, thought here in state X, I know that Y would the outcome.”
Tip #2 – Federal Rules of Evidence – Understand them and be prepared to discuss them.
- Rules 401-403
- Rule 404(b)
- Rule 608
- Rule 609
- Rule 702
- Rules 801-803
Tip #3 – Federal Constitution – Know this law!
- 4th and 5th Amendments to the U.S. Constitution
- Read the big cases in these areas of law. Be ready to discuss seizures, searches, custodial interrogation
United States Constitution – Bill of Rights
Tip #4 – ABA Model Rules of Ethics – Understand them and be prepared to discuss them.
- Rule 1,3, and 4
Remember when I said that case names don’t matter? That logic does not apply to the Federal Rules of Evidence. Know the numbers, i.e. 401, 403, 609, etc. Also, IF you can drop some case names, that will really help separate you from the pack. No pressure, but just remember, this interview is for the job of your dreams.