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April 2002
Greetings from the Kansas Supreme Court and the Kansas Bar Association. This is the final edition of Law Wise for the 2001-2002 school year. The theme of April edition of Law Wise has historically focused on Law Day, celebrated throughout the country on May 1 – and this year is no exception. The theme for the 2002 Law Day celebration is "Assuring Equal Justice for All."
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"The first day of May of each year is hereby designated as Law Day, U.S.A. It is set aside as a special day of celebration by the American people in appreciation of their liberties and the reaffirmation of their loyalty to the United States of America; of their rededication to the ideals of equality and justice under law in their relations with each other as well as with other nations; and for the cultivation of that respect for law that is so vital to the democratic way of life. The President of the United States is authorized and requested to issue a proclamation calling upon all public officials to display the flag of the United States on all government buildings on such day and inviting the people of the United States to observe such day with suitable ceremonies and other appropriate ways, through public bodies and private organizations as well as in schools and other suitable places." 36 U.S.C. § 164 (1961)
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Supreme Court in ReviewOn Thursday, October 3, 2002, the Kansas Bar Association, the Kansas Board of Education, the Kansas Appellate Courts, and teachers throughout the state, will sponsor what we hope to be the first annual "United States Supreme Court Day." The purpose of the day is to give judges in Kansas an opportunity to help educate Kansas students about the Supreme Court of the United States. We have chosen October 3rd because it is the last Thursday before the first Monday in October, the day the United States Supreme Court opens its annual term.
The main part of the activity will be to present the 2002-03 edition of the United States Supreme Court in Review. Developed by the Kansas Court of Appeals and the Kansas Bar Association, the Review presents two or three recent United States Supreme Court cases of interest to students utilizing an interactive approach. The judges and lawyers presenting the program use the Socratic method to explore important issues of constitutional law. The students may play the parts of litigants, lawyers, judges and justices. The students are lead through the exercise by the judge/lawyer presenters and vote on the on the outcome of the cases. They are then told how the cases were actually decided.
Since the program began in 1996, more than 20,000 students have participated in the program. We look forward to what we believe will be an interesting and educational experience. Schools wishing to express an interest in the program or receive information about it can do so by contacting:
The Young Lawyers Section of the Kansas Bar Association hosted the state high school mock trial competition on March 15 and 16, 2002 at the Washburn University School of Law. This statewide competition is funded by an IOLTA grant from the Kansas Bar Foundation. Results of the competition were as follows:
1st Place: Olathe South, Coach Cindy Roth
2nd Place: Shawnee Mission West, Coach Ken Kin
3rd Place: Washburn Rural, Coach Paul Stuewe
Olathe South will represent Kansas at the National Championship in St. Paul, Minnesota, May 9 - 12, where they will compete against the winners from other states.
The Wichita Regional competition was held on February 23 at the Sedgwick County Courthouse. Wichita Independent advanced to the state competition. The Topeka Regional competition was held on March 2 at Washburn Law School and on March 12 at Bonner Springs High School. Washburn Rural and Shawnee Mission South advanced to the state competition. The Johnson County / Wyandotte County Regional competition was held March 1-2 at the Johnson County Courthouse. Olathe South, Shawnee Mission East, Blue Valley, and Shawnee Mission Northwest advanced to the state competition.
For statewide competition, each participating team consists of three lawyers and three witnesses. Teams compete against each other using a set of facts and following simplified evidentiary rules. This year, students argued the case of Jamie B. Stone v. Jean Curie, et al. and Clarina Nichols Public School District, which deals with the First and the Fourteenth Amendments. Each round of competition is judged by three actual lawyers, with one serving as a presiding judge to rule on objections and two serving as jurors to score the performance of the mock lawyers and witnesses. Over 100 lawyers volunteered their time to help with this year's competition by serving as coordinators, judges, or coaches.
Mock trials are designed to provide young people with an operational understanding of the law, legal issues, and the judicial process. Participation in mock trials offers students an insider's perspective on courtroom procedures and helps them gain a basic understanding of the legal mechanism through which society chooses to resolve many of its disputes. Additionally, mock trials give participants practical knowledge about courts and trials which can be invaluable should they ever be jurors or witnesses in a real trial or principles in a legal action.
A special thanks goes to all of the coaches and schools participating in this year's competition including:
The KBA extends congratulations to all participants of this year's competition for a job well done.
Please join us in welcoming our new Law Wise editor and the KBA's new Public Services Director and saying good bye to the outgoing members of our team. Crystal Marietta, an attorney in the Pittsburg firm of Wilbert & Towney, P.A. is taking over the reins as the Editor of Law Wise from Gayle Larkin and Btissam Hmamouch succeeded Jan Kuckelman as the Public Services Director of the KBA.
Ms. Marietta is a southeast Kansas native and attended Pittsburg State University, graduating summa cum laude with a B.A. in Accounting while playing softball for the Gorillas! She completed her J.D. at Notre Dame where she graduated magna cum laude.
Ms. Marietta says one of her goals when she began practicing law was to go into local schools and present programs about the law similar to the ones she had seen and taken part in while in law school. She said she has found teachers in her area very enthusiastic about the prospect.
Ms. Larkin edited Law Wise for four years and decided to leave her post when she returned to work on a full-time basis. She serves as the Diversion Coordinator for the Office of the Disciplinary Administrator. In that capacity, she coordinates participation in the new Attorney Diversion Program created by adoption of Kan. Sup. Ct. R. 203(d). Ms. Larkin also continues in her role as Research Attorney for the Kansas Board of Discipline of Attorneys.
Ms. Hmamouch has been with the KBA for five years and was director of publications for the KBA Continuing Legal Education department.
After the birth of her second child, Ms. Kuckelman decided to stay home with her children.
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The ABA is sponsoring a contest to encourage a dialogue on freedom. To participate, your students should identify three books and three movies that they believe best express what America means to them. Also, the students should also identify three historic events that they believe have been the most important milestones for freedom. Then from your student's individuals lists, your classroom should discuss and prepare the following three lists as Classroom Contest Entries:
You may want to have the classroom identify its preliminary choices before your visit. You can then discuss and refine this list during the dialogue. If you run short on time, you can ask the classroom to forward their final choices to you shortly following your visit (note deadline below).
Deadline: Share your Law Day Dialogue on Freedom experience by submitting the classroom's lists to the ABA by May 10, 2002. The ABA will use these lists to identify the fifteen books, movies, and historical events most frequently chosen by classrooms nationwide.
Results: The results will be posted on the ABA's Web site at www.abanet.org, on May 20, 2002 along with the names of all the high schools that submit lists.
Prizes: Classrooms who submissions include the top 15 books, movies and events will receive copies of the United States Constitution published by the American Bar Association and the schools will be recognized on the Dialogue on Freedom website.
You can include your classroom's lists as part of your Dialogue Leader's Report to the ABA or use the online form to submit your lists electronically. See http://www.abanet.org/dialogue/classroomcontest.html
Law Day is a great occasion for lawyers and judges to reach out to the public. The ABA has a number of ideas to help you frame the best Law Day speeches and presentations – just click on http://www.abanet.org/publiced/lawday/talking/home.html for dozens of talking points and ideas for speeches, as well as some model speeches. A number of the topics directly relate to this year's theme of "Assuring Equal Justice for All," including talking points on our need for law, how people can get legal help, providing legal services to the poor, and indigent defense programs. If you want assistance from the ABA, contact them at Write Law Day, 541 N. Fairbanks Court, Chicago, IL 60611-3314, call 312-988-5735, fax 312-988-5494, or e-mail publiced@staff.abanet.org.
The ABA has a free newsletter that contains information on law related education. Law Matters, which reports on developments, ideas, programs, and resources in the field of public education about the law, is published three times each year (winter, summer, fall). For information on ordering, contact the ABA at (312) 988-5735 or abapubed@abanet.org.
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While the Law-Related Education Inventory does not appear to have materials regarding naturalization, the following items regarding equality might be useful:
The Law-Related Education Inventory has many resources to help teach about law-related topics. To order a catalog call Btissam Hmamouch at the Kansas Bar Association, (785) 234-5696. The Kansas Bar Association and the lawyers in your community sponsor the Law-Related Education Inventory. The clearinghouse will mail free copies of law-related posters, games, mock trials, booklets, lesson plans, and other aids. It is open Monday through Thursday, 8:00 a.m. to 7:00 p.m., and Friday, 8:00 a.m. to 5:00 p.m. The director of the Teachers College Resource Center, which houses the Law-Related Education Inventory, Marla Darby, can be reached at Darbymar@esumail.emporia.edu/
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Terrific Technology for TeachersGrades 4-6
It's important both to protect the best interests of children in conflict situations and to educate youngsters about how they too can resolve conflicts peacefully. Here is a quick, one-day lesson designed to introduce upper elementary students to non-adversarial methods of conflict resolution.
The Case Jody was sick and wouldn't go on her paper route, so she asked Tony to do it for her. She agreed to pay him $2. Tony delivered the papers, but didn't put plastic bags on them. It rained and the papers were ruined. Jody refused to pay Tony the $2.
Adversarial Action Explain to students that they will experience two different methods of resolving disputes: the adversarial process of the court, and the mediation process, which takes place in neighborhood justice centers in cities throughout the country. Divide the class into groups. Explain that the groups will first role play a case using the adversary model. One person in each group should play the plaintiff, a second the defendant, and a third the judge. Explain the court procedure as follows: Judge asks plaintiff to give his side of the story. Defendant then gives his side of the story. Judge can ask questions, during and/or after hearing from the parties. Judge makes a decision and delivers it.
Conduct simultaneous role plays. They should last about 10 minutes. Then with the entire group ask the following questions: Was the role of judge difficult? What did they like or dislike about being judges? Did the plaintiff and defendant think they were treated fairly? How did they feel about the judge's decision? Mediation in Action Explain that students will next mediate the same case. Allow at least 15 minutes for this role play. The judge will become the mediator, and plaintiff and defendant will now be called the disputants. Have the plaintiff and defendant switch roles from the first role play. Explain that the mediator does not make a decision in the case. His/her role is to help the disputants reach an agreement. This procedure is as follows: Mediator explains that in mediation the two parties will make their own agreement. They must not interrupt each other. If the need arises, the mediator will talk to each part separately. The mediator asks each disputant to define the problem as he or she sees it and express feelings about it. Each disputant defines the problem and expresses feelings about it. The mediator restates views of both disputants. The mediator asks questions to clarify issues. The mediator asks disputant #1 if he or she has a proposed solution for the problem. The mediator then asks disputant #2 if he or she agrees. If not, the mediator asks disputant #2 for a proposed solution and asks disputant #1 if he/she agrees. If there is an agreement, the mediator restates the agreement to make sure both disputants approve. If no agreement is reached, the mediator talks to each disputant separately, asking each how he or she is willing to solve the problem. Then the mediator brings them together and asks them to offer their solutions. The mediator will repeat step six if an agreement is reached. Making Comparisons After the allotted time, bring the class back together and debrief with the following questions. How did being a mediator compare with being a judge? Was it easier or more difficult? Did disputants think they were treated fairly? How did they feel about the process? Was a solution reached? How did it compare to the judge's decision? What are the advantages and disadvantages of each method of dispute resolution? What kinds of conflicts are best suited for each method?
This strategy was written by Melinda Smith, Director of the New Mexico Center for Dispute Resolution. It was taken from the ABA's web site and was previously adapted from the ABA publication Sure Fire Presentations. High School Students (Grades 8-12) Objectives: Students will express their opinions about drug testing in schools. Students will examine arguments in favor of, and against, drug testing in schools. Students will consider and discuss consequences of a policy for or against drug testing in schools. Time: One class period (approximately 50 minutes) Procedures: Begin the class by introducing yourself to the students, and telling a little bit about what you do, if this is your first class. Tell students they will have an opportunity to "take a stand" on the issue of drug testing in schools. Write the following statement on the board: "Drug testing should be allowed in schools." Draw a line underneath, with polar positions printed at each end of the line. Give students a few minutes to decide individually where their opinion about the statement "Drug testing should be allowed in schools" falls on the spectrum. Ask them to think of at least two reasons why they feel as they do. Ask approximately 10 students to go up to the board and take a stand along the line at the point that corresponds with their opinion. Explain that if they are undecided, they should stand in the middle. (Remind them that even the "undecideds" should have a reason for why they are undecided.) Once students are arranged along the continuum, ask them to clarify their position. Probe them for what exactly they mean. For example, ask those at the "strongly in favor" end whether they think everyone should be tested, or only those who act suspiciously. Or, are there some groups, like student athletes or students with disciplinary histories, who should be randomly tested? Do those at the other end think no one should ever be tested, in any circumstances? As students describe their positions, fill in the positions along the line with more descriptive words. As students clarify and describe their positions, tell them that they are free to move to the point along the line that most accurately describes their opinion, and that it is okay to change positions, as they listen to each other. At this point, ask students to give reasons for their opinions. Encourage discussion from the rest of the class by asking if anyone else in the class supports that position, and if they have any
additional reasons to support that view. Again, encourage students to move if they are swayed by arguments given by other students. Encourage a dialogue between students at either end of the continuum, and with students sitting down. To encourage serious consideration of opposing points of view, ask students what argument opposite from theirs is most persuasive or makes them think twice. Spend about 25 minutes on this activity. Ask the students to sit down. Continue the discussion by asking about consequences of different positions along the continuum. For example, what would happen if schools decided to test all students for drugs? Would drug use be reduced? If time permits, have students write a paragraph about their position and reasons. Background: The most recent U.S. Supreme Court decision in this area is Vernonia v. Acton, 515 U.S. 646 (1995). The Court ruled that the Fourth Amendment permitted a school policy that prevented students from participating in interscholastic sports unless they agree to random drug testing. In this case, James Acton, who was a seventh grader during the 1991-92 school year, applied to be on football team. He was given a drug-test consent form for him and his parents to sign. This was done for every student trying out for sports. No one suspected James of using drugs. He and his parents refused to sign the form and he was then suspended from interscholastic athletics. The Actons sued the school district. However, the Supreme Court ruled against the Actons, stating that students have a reduced expectation of privacy and should expect intrusions on their normal rights and privileges when they choose to participate in high school athletics. The Court used a balancing test. It weighed the students' privacy interests against the interests of the school district in providing a drug-free environment. The Court also pointed out the athletes regularly change clothes in front of each other and can expect to have less privacy. Because the Actons had also claimed that the drug testing violated the Oregon constitution, the U.S. Supreme Court sent the case back to the circuit court to decide whether the testing program violates the search and seizure protections of the Oregon constitution. In Willis v. Anderson Community School Corporation, 158 F.3d 415 (7th Cir. Ind. 1998), a federal circuit court ruled that a policy allowing drug testing for any high school student who is suspended for fighting to be a violation of the 4th Amendment, and indicated that a suspicion-based system was required for drug testing occasioned by fighting. In Todd v. Rush County Sch., 139 F. 3d 571 (7th Cir. Ind. 1998), cert. denied, Todd v. Rush County Sch. 142 L. Ed. 2d 53 (1998), the 7th Circuit Court of Appeals upheld a drug testing program under which all students who wish to participate in extracurricular activities must consent to random and suspicionless urine testing for alcohol, unlawful drug, and cigarette usage. Extracurricular activities include athletic teams, Student Council, Foreign Language Clubs, Fellowship of Christian Athletes, Future Farmers of America Officers and the Library Club. The court indicated that the linchpin of this drug testing program is to protect the health of the students involved. The court stated, "the plague of illicit drug use which currently threatens our nation's schools adds a major dimension to the difficulties the schools face in fulfilling their purpose--the education of our children. If the schools are to survive and prosper, school administrators must have reasonable means at their disposal to deter conduct which substantially disrupts the school environment." This lesson plan was taken from the ABA's web site at http://www.abanet.org/publiced/lawday/schools/lessons/hs_drugs.html. It was written by Street Law, Inc. and updated in 1999. Staff at the Washington State Office of the Administrator for the Courts edited the lesson.
The Kansas Court of Appeals, a ten-member, intermediate appellate court sits in three-judge panels. The Court of Appeals normally sits in panels throughout the state; however, due to the current budget shortfall confronting the judicial branch, all Court of Appeals hearings are being conducted in the Judicial Center, 301 West 10th Avenue, Topeka. This will remain in effect at
least through the fiscal year ending June 30, 2002. The court is pleased to have students attend the hearings. The Court of Appeals will be hearing cases April 22-24, 2002. The Kansas Supreme Court is the highest court in the state, and includes seven members. Students also are welcome at oral arguments before the Supreme Court. The high court holds its hearings only in Topeka. The Supreme Court will be hearing oral arguments during the weeks beginning April 15, 2002 and May 28, 2002. If you have any questions concerning the Kansas appellate courts, or if you would like to bring your class to either the Kansas Supreme Court or the Kansas Court of Appeals, please contact Ron Keefover, Education and Information Officer of the Office of Judicial Administration, 301 West 10th Avenue, Topeka, Kansas 66612-1507, (785) 296-4872. You can also contact Mr. Keefover at via e-mail at keefover@kscourts.org. Law Wise is published by the Kansas Bar Association during the school year. The Kansas Bar Foundation, with Interest on Lawyers Trust Accounts funding, provides support for this publication. Published free, on request, for teachers or anyone interested in law-related education, it is edited by Gayle B. Larkin, Lawrence, (785) 865-3970. For further information about any projects or articles, contact Ron Keefover, Education and Information Officer of the Office of Judicial Administration, Topeka, (785) 296-4872, or Btissam Hmamouch, Public Services Director of the Kansas Bar Association, Topeka (785) 234-5696. Law Wise is printed at the Kansas Bar Association, 1200 Southwest Harrison, P.O. Box 1037, Topeka, Kansas 66601-1037.
Lesson Plan #1:
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Mediation and the Adversary Process
Plaintiff: Tony
Defendant: Jody
Lesson Plan #2:
Teaching About Drug Testing in Schools
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Court of Appeals Welcomes You
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