Micol Sirkin
Northwest Defenders Association
Seattle, WA
Micol is interning with the Northwest Defenders Association (NDA) in Seattle. NDA is one of four public defender agencies serving King County. It provides free legal representation to indigent clients in criminal cases, specifically felonies, misdemeanors, contempt of court, and dependency cases. As a Rule 9 intern, Micol will represent clients charged with misdemeanors in Seattle District Court. She will meet with the client to discuss possible defenses to their case, direct investigation of the case, and appear at all court appearances on behalf of the client. She will also assist attorneys in the felony unit with legal research and writing.
July 2009
Since my last journal entry, I have learned and experienced a lot. I have co-chaired on a real trial (my first); handled various court proceedings (pretrial, sentencing, review, and readiness hearings) on my own; conducted client interviews; written trial briefs and motions; observed a rape trial; and done some felony research projects.
The week before trial week, I had to prepare trial briefs and trial notebooks for five cases because it was uncertain which cases would actually go to trial. The experience was a stressful and exhausting one. However, one of my cases ended up going to trial. I did the opening statement and cross-examination of the trooper for a DUI case. I was extremely nervous that I would screw up and ruin my client's chances of getting a not guilty verdict. Having the attorney there calmed my nerves. Although I have much to learn and could have performed better, the attorney and I ended up winning the trial. As you can imagine, I was very excited. Nothing is more satisfying than winning a trial for a client who you genuinely believe in. However, the celebration was short-lived. As soon as the trial was over, I returned home to prep a trial set for the next day. Unfortunately, the client failed to appear but it certainly gave me a bittersweet taste of what it is really like to be an attorney during trial week. It is hectic and never goes according to plan.
One of the most unforgettable experiences I have had this summer was watching a rape trial. Working in the District Court Unit of NDA has given me incredible insight into what it means to be a public defender, but defending clients charged with more serious, perverse, and violent crimes is an entirely different ballgame. One of the attorneys in the felony unit allowed me to sit in on one of his trials in which he cross-examined a rape victim. Fortunately for our client, the victim's story was inconsistent with other witnesses' testimony, and she came off extremely incredible and indifferent. I cannot honestly say who was telling the truth, but I will say the rules of evidence played a significant role. What I expected to be a lesson on compassion and credibility, turned out to be a lesson on the importance of evidentiary rulings, professional responsibility, and preserving the presumption of innocence. Should I have to cross-examine a rape victim or represent an unsympathetic client in the future, I will remind myself of the lessons I learned. Most importantly, I hope to maintain my integrity throughout the process.
Despite the demanding caseload, tasks, and clients, I have truly enjoyed my time with NDA and I will be sad when my internship ends. To those who expected otherwise (I won't name any names), my idealism has yet to fade.
June 2009
What they say is true: it's sink or swim. I just completed my fourth week at NDA, and I have never absorbed this much knowledge or learned so many skills in such a short period of time. The good news is I am enjoying just about every minute of it.
As a Rule 9 intern, I am expected to know state statutes, relevant caselaw, criminal procedure, local court rules, rules of evidence, and rules of professional responsibility. The real challenge, however, is being able to not only recite these rules to the court or to a client, but also know and question the way each rule or statute depends upon and interacts with others. For example, at trial, it is very difficult to simultaneously know when to strategically object, the authority the court has to rule on such an objection, and the consequences of winning or losing that objection. Good attorneys make it seem so simple. It will take time before I accrue enough experience and knowledge to confidently cite the appropriate law or make the proper objection, but I am learning.
Since starting at NDA, I have argued on the record several times, researched several controversial legal issues, participated in a mock trial competition put on by The Defender Association, and written several motions to dismiss. While these experiences will no doubt greatly enhance my career as a lawyer, my time with NDA has become much more to me.
Every day I have the opportunity to interact with clients; clients who are scared, ashamed, distrusting, annoyed, and angry. Each one has a story and each one deserves a proper defense. However, finding that story can be difficult when they themselves admit guilt without knowing the law and society presumes their guilt, despite what the Constitution says. I like the creativity it requires to create a defense when no one else can or will. So while there may be a stigma attached to public defenders (I have already been referred to as a "public pretender"), I feel as though I have found my calling. It's not pretty and it's not easy, but the rights that get protected on a daily basis make it worth all the while.
