UNIVERSITY PARK, Pa. – Two Penn State Law students argued at a preliminary hearing at the Centre County Courthouse in January, defending their clients in front of a local magistrate and winning their release from custody. Brian Forgue and Nicole Jensen, participants in Penn State Law’s Indigent Criminal Justice Practicum, went toe-to-toe with assistant district attorneys challenging evidence on a prima facie level.
While the court held the charges for trial, the students’ strategy was successful as it led to them arguing Bail Modification Motions to get their clients released from the county prison. They were successful in that the magistrate agreed with the students’ argument and released their clients from custody.
“I was able to put what I have learned in the classroom to use in real practice,” said Jensen. “Knowing that my advocacy played a role in allowing a man to walk free is a surreal feeling. I feel like I am really making a difference in people’s lives.”
Forgue agreed with that sentiment. “My first preliminary hearing gave me a rush unlike anything I've ever felt,” he said. “Right before the hearing began, the gravity of the situation hit me. I realized that I wasn't in school anymore ... my client sitting next to me was a real person and real consequences resulted from my ability to effectively advocate for him. Luckily, I was able to fall back on the training Professors McClain and Settgast have provided us from the start of our clinic experience.”
Adjunct Professor Casey McClain, an assistant public defender in Centre County, believes that his students performed as well as any seasoned attorneys. “Both Brian and Nicole acquitted themselves well and represented their clients with distinction,” he said. “All in a day’s work for the students of the Indigent Criminal Justice Practicum.”
The Penn State Law Indigent Criminal Justice Practicum, led McClain and Richard Settgast, both Centre County public defenders, has students represent indigent criminal defendants accused of misdemeanor offenses in the Centre County Court of Common Pleas under the supervision of an attorney. Students work as defense litigation attorneys, learning litigation, negotiation, and advocacy skills while representing clients through all phases of the criminal justice process.