October 10, 2012
Kerry S. Jamieson ’06 came to the School of Law committed to
being an advocate and a voice for underrepresented members of
society. Here, she talks with Law School Communications Director
Lori Herz about her current work as a Senior Staff Attorney at the
Office of the Appellate
Defender (OAD) in New York and its roots in her legal education
at St. John’s.
LH: What are your primary responsibilities at OAD and how would you
describe a typical work day?
KJ: I handle appeals of felony criminal
convictions in the Appellate Division, First Department, including
oral argument before the court. I also supervise other OAD
attorneys and represent clients at post-conviction hearings and
proceedings in New York trial courts. I can’t say that I have a
typical workday, but most of my days are spent reading trial
transcripts, conducting research and writing briefs. Appearing in
trial court adds a welcome dimension to my appellate work. Unlike
appellate litigation, where I have time to formulate and hone my
arguments, trial court practice is a lot more fast-paced and
unpredictable. Because most of my clients are incarcerated in
prisons that are scattered across upstate New York, I spend some
days traveling to see them. It can be challenging to effectively
communicate with a client in prison solely through written
correspondence and time-limited telephone calls. So, I try to visit
every client at least once during the course of the litigation.
When I finally have an opportunity to meet with a client
face-to-face, it solidifies the attorney-client relationship and
gives me a chance to further explain the issues in the case in an
environment that is more conducive to the flow of
information.
LH: What are the greatest challenges and the greatest
rewards of your work?
KJ: The greatest challenge for me is dealing with
client disappointment when there are no issues that can be raised
on appeal. Many clients feel that they were not given a fair shake
at the trial level, and believe that appealing their case will
correct everything. In some cases, however ― particularly
convictions resulting from plea bargains ― I’m unable to identify
any basis for appeal, and that is sometimes very difficult for the
client to accept and understand. It’s important to find a way to
clearly and accurately explain why I can’t file an appeal, while
still expressing compassion and empathy. By contrast, I find it
extremely gratifying when I’m able to obtain a favorable result for
a client, especially in a case where the client was serving a
lengthy prison sentence. For those clients, obtaining an appellate
victory is often life-altering and can result in him or her being
able to return to society immediately or much sooner than would
have been possible under the initial sentence. This can have an
enormous impact on the client’s family and the client’s ability to
reintegrate into society.
LH: Did you come to St. John’s intending to practice
in the public interest or did your desire to do public interest
work spark and grow during your time in law school?
KJ: I always knew that I wanted to practice public
interest law. I wanted to be an advocate and a voice for the
underrepresented members of society. Luckily, St. John’s provided
me with an opportunity to gain practical public interest experience
while I was in law school and let me see how I could make a
difference in people’s lives.
LH: Can you trace the major milestones on your career path
through the Law School and into post-graduate
practice?
KJ: I always liked writing ― I was a journalism major in
college ―so appellate practice seemed like a good fit for me. I
excelled in my 1L legal writing classes and was awarded the CALI
award for Excellence in Legal Writing. I also participated in the
Frederick Douglas Moot Court Competition, where I was a
semifinalist. I was very fortunate to find a job right out of law
school that married my desire to practice public interest law with
my researching, writing and oral advocacy skills. I obtained a
conviction reversal on the very first case that I argued before the
Appellate Division, and I had several successes after that. I also
had the opportunity to argue two cases before the New York Court of
Appeals. The first case, which I argued in January 2011, was not
decided in my client’s favor, but resulted in a four-to-three
decision, with a vigorous dissent from the Chief Judge. In my most
recent Court of Appeals case in May 2012, I convinced the Court to
reverse my client’s conviction and order a new trial where the
eleventh-hour introduction of DNA evidence unfairly prejudiced the
defense.
LH: What Law School classes and co-curricular
activities most influenced you and your choice of
career?
KJ: The
Law School clinics and
externship program that I participated in helped to prepare me
for practicing public interest law. I enrolled in the
Elder Law Clinic and the
Child Advocacy Clinic and I was a legal extern at the Queens
District Attorney’s Office through the
Criminal Justice Externship program. Clinical education exposed
me to motion practice and courtroom procedure. After graduation, I
was able to draw on these experiences and incorporate what I had
learned into my legal practice at OAD.
LH: Did you have any faculty mentors at the Law
School?
KJ: I developed great relationships with all of my
clinic professors, but I viewed ―and still view ― my Elder Law
Clinic professors as mentors. Professors
Ann Goldweber and
Gina Calabrese were instrumental in helping me navigate law
school, job hunting and life generally. They taught me the
importance of maintaining client communication, remaining civil,
yet assertive, with opposing counsel and being thorough with my
legal research. I’m sure that I will feel their influence and call
on their expertise for many years to come.
LH: What advice would you give to incoming 1Ls who
think they want to practice public interest law?
KJ: I would recommend that they enroll in at least
one of the Law School’s clinics to get hands-on experience
representing clients. It will help them acclimate to the unique
client base that is served by public interest attorneys.
LH: Kerry, thank you for offering us this profile of
your important work in the public interest.