Well, I'm confused by the question/situation you state, in
that the defendant was represented by someone who was not, I assume, an attorney. To
represent a person in criminal court one needs to have passed the bar exam in the state
where the case is being heard, and then must maintain good standing within the Bar
Association in order to continue practicing law.
Law clerks
are most often students who have graduated from law school, and are not yet practicing
law. Most have not yet taken, or are in the process of taking the bar exam itself, and
they build their credentials by working for judges as clerks first. Often times law
firms will recruit promising new attorneys based on law clerk positions and
recommendations from the judges they work for.
That being
said, it is rare to have a law clerk also litigating. I don't have enough information
to determine whether or not such a clerk was qualified or even bar certified, and
therefore can't say whether there is grounds for an appeal or
dismissal.
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