Appellate Advocates SORA Externship: Representing Rehabilitated Clients Subject to Lifetime Registration

Introduction

Thousands of New York residents who committed sexual offenses years ago are currently on the state’s public online sex offender registry pursuant to the Sex Offender Registration Act (“SORA”).  Many of these individuals have since been rehabilitated and have never reoffended.  Yet the online registry still labels them as having a “high” or “moderate” risk of sexual reoffense.  This stigma negatively affects their day-to-day lives in many ways.  Recognizing that initial risk levels do not necessarily remain accurate, the Correction Law provides that people on the registry may seek a modification of their level.  

Appellate Advocates, which provides high-quality direct appeal representation to indigent individuals convicted of crimes in Brooklyn, Queens, and Staten Island, also defends clients against severe post-conviction collateral consequences, including sex offender registration. 

Course Description

SORA requires people convicted of certain offenses to register as sex offenders, often for life. Most registrants’ full name, photograph, home address, employment address, and offense details are publicized on the Internet, drastically limiting their housing and employment options, and subjecting them to social ostracism. Significantly, despite popular belief and millions of taxpayer dollars spent at the federal and state level, studies establish that most people convicted of sex offenses never re-offend and that registration and public notification have no impact on reducing sexual crimes.

Currently, there are thousands of people registering as Level 2 (moderate risk) or Level 3 (high risk) in New York City. Many of these individuals have been on the registry for decades at liberty, during which time they have completed intensive therapy, formed healthy relationships, and never reoffended. Correction Law § 168-o allows registrants to petition to lower their SORA level. Unfortunately, because most cannot afford to hire an attorney for a modification, they will remain on the public registry for life.  Students in the SORA Externship will represent clients seeking modification of their current risk levels from the case inception to disposition.

Client Representation

Under the supervision of William Kastin, Assistant Attorney-in-Charge of Appellate Advocates, and Ava Page, Supervising Attorney of the SORA Practice, student attorneys will prepare modification petitions for pre-screened individuals seeking to lower their SORA levels. Each student attorney will be assigned an individual client. You will interview your client, analyze court documents, gather evidence and supporting documentation, write and file a modification petition with exhibits, negotiate with the prosecutor, and orally argue the modification petition before the Supreme Court.**

Seminar

In the weekly seminar, student attorneys will engage in hypotheticals and roleplaying exercises to learn useful interviewing techniques, persuasive oral advocacy, productive negotiation tactics, and effective legal writing skills. Discussions will center around the specific facts of each student attorney’s case, as well as broader themes concerning the implications, assumptions, and motivations shaping the law and public policy.

This externship offers an unmatched opportunity for students to make a positive impact on a client’s life. At its conclusion, students will have gained critical skills necessary for criminal defense attorneys, and lawyers in general, to effectively practice law: how to interview clients and advance their case, tactics for negotiating with opposing counsel, strategies to obtain the best results, the art of writing persuasively in legal filings, and fundamental tools to litigate and prevail in court.

Application Procedure

Students interested in applying for the clinic should submit the standard application, resume, and transcript online through CAMS. To arrange an interview, please use the CAMS system. If you have questions regarding the application procedure, please email Ava Page or William Kastin.

* 5 credits include 3 clinical credits and 2 academic seminar credits.
** Oral argument by student attorneys is permitted at the Court’s discretion pursuant to the Student Practice Order.