Law students get rare opportunity to practice in front of state supreme court

LINCOLN, Neb. (KLKN) – Two UNL law students get the rare opportunity to argue before the Supreme Court, something many practicing attorneys will never have the chance to do.

Jayden Barth and Rachel Tomlinson Dick are both third-year law students at UNL, have been preparing since December for their hearings on Feb. 4.

“When we got the email, I looked at my clinic partner (Tomlinson Dick), and said ‘wow,’” said Barth, who will practice family law after graduation in May. “This is a great opportunity, and a little scary, but there are not many law students who can say they’ve argued in front of a supreme court by the time they graduate. Most attorneys go their entire career without being in front of the Nebraska Supreme Court, so this was just really incredible.”

The case they argued involves a set-aside petition for a conviction from the 1980s.  The petition was initially denied by a district court judge, despite agreement from both sides that the petition should be granted.

Barth and Dick estimate they spent more than 200 hours collectively in preparation for the hearings on the case.

Preparation included drafting and redrafting their arguments many times and practicing the argument and rebuttal with law professors, law school alumni, and student attorneys, who asked hundreds of follow-up questions, simulating what could happen in court.

Nebraska Law students Jayden Barth (dark hair) and Rachel Tomlinson Dick (light hair) talk with law professors Ryan Sullivn, left, and Kevin Ruser after the two students argued a case before the Nebraska Supreme Court today. Both are third-year students mentored by Law Professor Ryan Sullivan. February 4, 2022. Photo by Craig Chandler / University Communication.

“It may create a precedent in Nebraska law to promote greater access to fair outcomes for people who are seeking to rehabilitate past criminal records,” Tomlinson Dick said. “It is a commonly sought type of relief for people who really have worked to rehabilitate themselves. I think it’s important that Nebraska offers that kind of relief to people and that they have meaningful access to fair review for that relief. There’s so much stigma and so many collateral consequences to any criminal convictions, even from a very, very long time ago.”

The case is part of the Civil Clinic’s Clean Slate Project, about 10 Nebraska law students have helped move the case through the courts to get it to this point, Sullivan said.

Barth and Tomlinson Dick were chosen to argue the case because of their previous litigation experience within the clinic, including with the Tenant Assistance Project and the Veterans Advocacy Project.

The students now wait for the court’s decision which may take weeks to months to receive.