II 111th CONGRESS 1st Session S. 2888 IN THE SENATE OF THE UNITED STATES December 16, 2009 Mr. Cardin introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To amend section 205 of title 18, United States Code, to exempt qualifying law school students participating in legal clinics from the application of the general conflict of interest rules under such section.

1.

Short title

This Act may be cited as the Law Student Clinic Participation Act of 2009.

2.

Law student and legal clinic staff conflict of interest exemption

Section 205 of title 18, United States Code, is amended by inserting at the end the following: (j)

Federal legal clinic staff conflict of interest exemption

Subsection (a) does not apply to a law student or legal clinic staff member participating in the legal clinic or externship of an accredited law school, for a covered matter within the scope of the clinic, unless— (1)the student or staff has participated personally and substantially in the covered matter as a Government employee or special Government employee through decision, approval, disapproval, recommendation, the rendering of advice, investigation, or otherwise; or (2)the covered matter is pending in the department or agency of the Government in which the student is serving. (k)

District of Columbia legal clinic staff conflict of interest exemption

Subsection (b) does not apply to a legal clinic staff member of an accredited law school who is an employee of the District of Columbia or considered an employee of the District of Columbia due to work with a legal clinic operated by an institution of higher education of the District of Columbia for a covered matter within the scope of the clinic, unless— (1)the staff has participated personally and substantially in the covered matter as a Government employee or special Government employee through decision, approval, disapproval, recommendation, the rendering of advice, investigation, or otherwise; or (2)the covered matter is pending in the department or agency of the Government in which the staff member is serving. .

3.

Effective date

This Act and the amendments made by this Act shall take effect 60 days after the date of enactment.