[Congressional Record Volume 155, Number 192 (Thursday, December 17, 2009)]
[Senate]
[Page S13379]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                     LAW STUDENT PARTICIPATION ACT

  Mr. CARDIN. Mr. President, I have introduced the Law Student 
Participation Act of 2009.
  The bill creates exceptions to Federal conflicts of interest law 
which generally prohibits Federal employees from acting as an attorney 
or agent in a matter adverse to the U.S. government. The legislation 
directs the exceptions to Federal employees attending law school and 
participating in legal clinics and employees of the District of 
Columbia who staff legal clinics. Where the Federal employee has 
participated personally and substantially in the matter or the matter 
is before the employee's particular agency or department, specific 
conflicts of interest provisions still apply. The current law is over 
broad and denies learning and teaching opportunities where no real 
conflict may exist.
  Law schools, including schools in my home State, have voiced concern 
over the present law. Some of these schools include the University of 
Maryland, the University of the District of Columbia, and Georgetown 
University School of Law. The schools have related stories of students, 
who are Federal employees, regulated to clinics dealing only with state 
matters. In other instances a student might start working on a client's 
matter, but will be unable to continue once the matter goes to trial or 
before an administrative proceeding. Law schools complain that under 
such circumstances the client's right to effective counsel is 
diminished. Due to a requirement I championed, the University of 
Maryland School of Law faces unique challenges. Each student must 
provide legal services to the poor or persons who otherwise lack access 
to justice prior to graduation. Federal employees, unlike other 
students, must choose from a smaller selection of clinics due to the 
current Federal conflicts of interest law. Finally, if Federal employee 
students seek careers in practice areas where Federal law predominates, 
they likely will obtain no practical clinic experience in law school.
  It should be noted that the Office of Government Ethics, OGE, and the 
Department of Justice are aware of the text of the bill. Both have 
conveyed informally that they do not have problems with this 
legislation. The OGE released a report in 2006 that was critical of 
current Federal conflict of interest law as being overbroad and 
specifically pointed out that volunteer work was frequently barred even 
when no potential for conflict of interest existed.
  The current law deprives law students who are Federal employees of 
valuable practical educational opportunities. Ultimately participation 
in these clinics would result in better attorneys many of whom later go 
on to work for the Federal government.

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