Caprice Jenerson

With over 20 years of experience as a trial and appellate criminal defense attorney, Caprice Jenerson is no stranger to advocating for underrepresented communities in the criminal legal system. Among her many accomplishments, Caprice currently serves as the President and Attorney-In-Charge at the Office of the Appellate Defender in New York. Prior to this, she served as the Chief Equity & Inclusion Officer and Director of the Pro Bono and Volunteer Unit for the New York Legal Assistance Group (NYLAG). Caprice is also a TAP mentor. We are honored to feature her profile this Black History Month!

Tell us about your community growing up. Looking back, how did they shape who you are now?

I grew up in East Orange, New Jersey with four siblings and my parents. My community was very close knit and many of my dearest friends today are people I met when I was five years old. I was an introverted young girl, yet felt embraced, seen, and supported by my community of family, teachers, and peers. I specifically remember being in a gifted and talented program in fourth grade and spent time each day in a resource class with Mrs. Whittle. She was the first person to tell me that writing would take me far in life. Her words have always helped me to believe I belong in appellate practice despite the obstacles that limit access for so many whose background and lived experiences resemble my own.

Describe your journey to law school. What motivated you to apply?

My parents, directly and indirectly, motivated me to apply to law school. From the age of seven, my mother repeatedly said that someday I would be a lawyer. We did not have relationships with any lawyers or judges, so I am not sure why she felt so strongly about my path. In retrospect, it was her dream for me that kept me grounded even when I was unsure what the future held for me. I ultimately decided to apply to law school after living with my father for two years in a senior living housing complex. I was astonished and infuriated by how our society forgets about the elderly population. My father was president of the tenant association and advocated for better services and resources for the tenants in the complex. He received many awards from the Mayor and City Council of East Orange, NJ. I entered law school thinking I would learn everything I could about elder law and continue my father’s legacy upon graduation.

What was your law school experience like?

My law school experience was riddled with real life trials and tribulations. When other students were engaged in study groups and creating elaborate outlines, I was faced with worry and anguish because both of my parents were diagnosed with cancer while I was a student. Like many other students I endured financial distractions which made focus nearly impossible. I often wonder how many law students, then and now, are experiencing poverty, hunger, and even homelessness, while navigating the rigorous curriculum. Although my law school experience was not pleasant, I honed my critical thinking and problem-solving skills which have not only benefited me in my career but also in my personal life. I also learned many lessons about building meaningful relationships. Those relationships I developed in law school lead me to work for many years for a prominent criminal defense lawyer. There I shaped my style in legal writing and oral advocacy.

Did you know about appellate work in law school? If not, when and how did it first get on your radar and why were you drawn to it?

I learned about appellate work through an appellate litigation course at Georgia State University College of Law. I was drawn to oral advocacy after graduation when my employer would send me to magistrate court to argue for bond or conduct preliminary hearings in criminal cases. Early in my career, I was both a trial and appellate lawyer, but quickly found my niche in appellate advocacy. I loved sifting through the transcripts and record papers to uncover the theory for the appeal. There were many cases that I argued issues of first impression in the appellate courts in Georgia.

Tell us about one of your appellate cases that you found particularly meaningful.

In 1998, my client, without counsel, entered a guilty plea to two misdemeanor charges at a hearing in state court that was not transcribed or recorded. She was sentenced to 12 months of imprisonment. The case made its way to the Georgia Supreme Court, the state’s highest court. The court found the preprinted plea forms which were completed by the prosecutor failed to constitute an adequate record of the guilty plea hearing. The Court reversed the lower courts and established a new rule in the state of Georgia which requires a verbatim record of a guilty plea be created when a defendant is to be sentenced to a term of imprisonment. At the time of this appeal, I was a practicing lawyer for just two years.

How often do you encounter Black people in the appellate field? Why do you think that representation is important?

There are not nearly enough Black people in the appellate field. Appellate courts hold tremendous power in settling disputes in the law and defining how laws that impact our daily lives are to be interpreted. To have fair representation in the courts, there must be more Black and other people of color in the field. The thoughts and experiences of people of color from varied backgrounds is so important to ensuring just outcomes and ensuring that courts consider all people in its decisions.

What advice would you give to a law student of color who aspires to be where you are now?

Don’t be afraid to chart your own path which may look very different from the path others are traveling. Appellate practice is about shaping a persuasive narrative using facts and the law. Being authentically you is the first step to storytelling that is the cornerstone of appellate practice. Your understanding and interpretation of the law is essential to appellate practice and your difference is your super power.

What’s one thing law schools and/or the appellate bar can do to ensure our highest courts are representative of all our communities?

It is imperative that we communicate how important diversity of thought and experiences are in appellate practice. Law schools and the appellate bar must look introspectively at the reasons why there are so few Black and other people of color in the appellate field. Understanding history is the best way to create a more inclusive bar that is representative of all communities.