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April 2003
Greetings from the Kansas Supreme Court and the Kansas Bar Association. This is the final edition of Law Wise for the 2002-2003 school year. The theme of the 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 2003 Law Day celebration is "Independent Courts Protect Our Liberties."
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Law Day is a special day focusing on our heritage of liberty under law, a national day of celebration officially designated by a joint resolution of Congress in 1961. Every year, the legal community is joined by national organizations, state and local bars, businesses, and schools, in conducting thousands of programs on the rule of law in a constitutional democracy. This year's theme is "Celebrate Your Freedom-Independent Courts Protect Our Liberties."
The following is the congressional resolution that established the first Law Day:
"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).
The Young Lawyers Section of the Kansas Bar Association hosted the state high school mock trial competition on March 21 and 22, 2003 at the Washburn University School of Law. This years' statewide competition was funded in parts by an IOLTA grant and supplemented by additional monies from the Kansas Bar Foundation's general fund. The results of the competition were as follows:
Olathe South will represent Kansas at the 20th Annual National High School Mock Trial Championship in New Orleans, Louisiana May 9-11, 2003, where they will compete against the winners from other states.
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 State of New Columbia v. Chris Archer. 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 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.
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.
The Law-Related Education Inventory has the following items which might be useful in implementing the objectives of Law Day:
The Law-Related Education Inventory has many resources to help teach about law-related topics. To order a catalog, call Btissam Touijer 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/
Each summer, LRE summer conferences, workshops, and institutes are offered around the country to aid teachers in their professional development. For information on all of these opportunities, visit http://www.abanet.org/publiced/lre/summer/home.html. The following listing from the website is the closest LRE available close to Kansas.
1) The closest LRE available is in Missouri:
We the People...The Citizen and the Constitution
July 10-17, 2003
Rockhurst University, Kansas City, MOGrade Level: 5-12
Subjects: What are the historical and philosophical foundations of the American political system? How did the framers create the Constitution? How did the values and principles embodied in the Constitution shape American institutions and practices? How have the protections of the Bill of Rights been developed and expanded? What are the roles of the citizen in the American democracy?
This Institute is designed to familarize teachers with the We the People...the Citizen and the Constitution curriculum, which can be taught at the elementary, middle of high school level. Teachers take part in lectures and discussions with constitutional scholars and work with experienced mentor teachers on classroom strategies and perfomance assessment. They receive at no cost a set of classroom texts, and supplementary constitutional materials. An essential component of the institute is teacher preparation and participation in a simulated congressional hearing, which serves as a model for student hearings to be held during the school year. The Institute is funded by the Center for Civic Education.
Credit: 3 graduate credits, optional
Restrictions: Deadline April 15, 2003, must agree to implement the program in the classroom; designed as a commuter institute--housing is not included.
Cost: None except $350 for 3 optional graduate credits
Contact Information:
Thomas S. Vontz, Ph.D.
Rockhurst University
1100 Rockhurst Road
Kansas City, MO 64110
Tel: 816-501-3539
E-mail: thomas.vontz@rockhurst.edu
Terrific Technology for Teachers
Legislators, Police Officers, and Judges (Separation of Powers) Grade Level: 4-6
Note: This lesson would be appropriate for a lawyer, judge, or government official. It will take one to two hours, but only one if the resource person focuses on the first activity-on the legal system.
Time Required: One or two class sessions-the first activity can easily be done in one.
Overview: Using an interactive approach involving role-playing and questions and answers, students experience a personal understanding of how laws are made, enforced, and applied and thus are helped to understand the concept of separation of powers.
Presentation:
Introduction
Begin the class by introducing yourself to the students. As you do so, remember when you were this age and what you might like to know about other people.
Be sure to provide a brief explanation of why you are in the classroom on this particular day. If you have an official Law Day poster, hang it where all can see it. You might consider saying the following, in your own words.
Today, people throughout the United States are celebrating Law Day. I believe it is very special because I work in the legal field and am very proud of the work I do. But, more importantly, it is special because it allows us to stop and think about our country, the United States of America, and the freedoms we all share. It is also special because this day provides us with an opportunity to talk about the laws that protect us and provide us these very special freedoms.
Establish focus for the activity by writing the word law on the board or flip chart where all can see and asking if someone can define the word. Allow for several responses. Use a classroom dictionary to read the definition.
Law = a rule of conduct that a group of people agree to follow; a collection of established rules
Activity for First Part of Lesson
Explain that you are going to select two students to do a role-play with you and that you want the rest of the class to listen carefully to see if they hear anything out of the ordinary. With the teacher's assistance, select two students to come to the front of the class to role-play the parts of "You" and "Officer" in the reading, "He Does It All" (included at end of lesson). Give the two students a minute or two to review their lines while you ask the students what is their favorite law.
Read the introduction aloud and then have the two students read their roles. When the students finish, be sure to thank them for their participation as they return to their seats.
Ask the class the following questions.
The resource person can discuss how the legal system works in this country. How is power divided within the system? What is the role of the police officer? What happens after the officer makes an arrest? What is his/her role in a trial? What is the role of the lawyers on either side? The role of the judge? The jury? Who makes the law that the police officer enforces? Examples from actual cases or a walkthrough of a typical case would be helpful.
Activity for Second Part of Lesson
(Note: This can be done by the resource person or by the teacher after the resource person has presented.)
Write the term separation of powers on the board or flip chart where all can see. Below the term, write the following.
Take a minute to briefly explain the fundamentals of our country's legal system and how power is divided within the three branches of government providing for checks and balance. Explain the role of the police officer in our legal system and the relationship of the police officer to the three branches of government. As a brief review of the three branches of government, point to each word and ask the following questions.
Show pictures of your state's senators and representatives, the President, and the Supreme Court one by one and have the students identify the correct branch of government. Congratulate the students on a job well done.
Distribute to each student a copy of the Constitution. On the board, draw a trunk of a tree and label out to the side "U. S. Constitution." At the top of the trunk draw three lines radiating out of the trunk and label above them, "Three Branches of Government." Ask the class, What are the three branches of government? Point to the three terms previously written on the board as a reminder.
Have students look at Section 1, Article 1 of the Constitution as you read the section. Ask the students which branch is discussed. (Legislative) Label one of the radiating lines "Legislative or Congress" and put a 1 on the branch.
Have the students look at Section 1, Article 2 of the Constitution as you read the section. Ask the students which branch is discussed. (Executive) Label one of the radiating lines "Executive" and put a 2 on the branch.
Repeat the process by having the students look at Section 1, Article 3 of the Constitution. After you have asked the students which branch of government is discussed, label the last radiating line "Judicial" and put a 3 on the line.
Using the tree diagram, review the concept of separation of powers. Stress the names of the three branches, their functions, the concept of separation of powers, and why this concept is essential to our form of government.
Continuation Activity: If there is time, the teacher or resource person can work with the students on an extended discussion of separation of powers.
Have the students return to Article 1 of the Constitution. Read aloud Paragraphs 1 and 2, Section 2, asking What are the requirements to be a member of the House of Representatives and how long is the term? (Serve for 2 years; be at least 25 years old and a citizen of the United States for 7 years.)
Repeat the process with Paragraphs 1 and 3, Section 3, asking, What are the requirements to be a member of the Senate and how long is the term? (Serve for 6 years; be at least 30 years old and a citizen of the United States for 9 years.)
Repeat the process with Paragraphs 1 and 5, Article 2, asking, What are the requirements for being President and how long is the term? (Serve for 4 years; be at least 35 years old and born in the United States.)
Have students take a minute and think about which office they would like to run for and why. Allow for several responses.
Summary & Closure
Review the concept of separation of powers. Be sure to tell the students how much you enjoyed working with them and learning more about how the concept of separation of powers protects our freedoms.
Handout for Role Play Activity
He Does It All
(A Make-Believe Tale)
Introduction
It's a beautiful April afternoon. You've just arrived home from school. Even before you get through the front door, your mother meets you with an armload of books. "Take these back to the library, would you please? We've got to get them back today, or they'll be overdue." She then adds the magic words "You may take the car if you wish." Hey that's all right. You just got your driver's license. Off you go.
When you return to your car after dropping off the books in the book drop, a police officer is standing by your car. Good grief, what could be wrong? He hands you a ticket. (With your new driver's license, you had been really careful. You were in a parallel parking space, just the right distance from the curb, and you had checked carefully for "No Parking" signs.)
Role-Play
You: What did I do wrong, officer?
Officer: You can't park here.
You: But there isn't a "No Parking" sign.
Officer: I just made it "No Parking."
You: But you can't do that.
Officer: I can now. You are under arrest.
You: Arrest? How can I be arrested when I didn't break the law?
Officer: You did break the law-my law. You are under arrest.
You: What happens now?
Officer: I try you.
You: Try me! You're not a judge!
Officer: I am now. You're guilty. I fine you $25.00 and costs.
You: How much are the costs?
Officer: Another $25.00
You: But I am not guilty!
Officer: Pay me.
This lesson plan is adapted from an article in Update on Law-Related Education, published by the American Bar Association. It was taken from the Utah Law-Related Education Elementary Lesson Plan Book and is reprinted with the permission of the Utah Law-Related Education Program. It can be found on online as part of the ABA Law Day Planning Guide at http://www.abanet.org/publiced/lawday/guidemain.html page 21-22.
What Makes A Good Judge? (Balancing Judicial Independence and Judicial Accountability) Grade Level: 7-12
Objectives:
Students will
Preparation:
Materials:
Sufficient copies of the following handouts for class distribution.
Time Required: 1-2 class periods
Overview:
The ideal process for selecting judges remains a matter of controversy among scholars, lawyers, jurists, and citizens 200 years after our country's founding. Too often, two desirable qualities-accountability and independence-are debated without clarifying to whom judges should be accountable or what is meant by an independent judiciary. This activity asks students to weigh the costs and benefits of two methods of selecting judges (election and merit) by participating in an exercise in which they define the qualities they find desirable in judges.
Presentation:
Introduction
Begin the class by introducing yourself to the students. As you do so, remember when you were this age and what you might like to know about other people.
Be sure to provide a brief explanation of why you are in the classroom on this particular day. If you have an official Law Day poster, hang it where all can see it. You might consider saying the following, in your own words.
Today, people throughout the United States are celebrating Law Day. I believe it is very special because I work in the legal field and am very proud of the work I do. But, more importantly, it is special because it allows us to stop and think about our country, the United States of America, and the freedoms we all share. It is also special because this day provides us with an opportunity to talk about the laws that protect us and provide us these very special freedoms.
Establish a focus for the activity by asking the students to describe what they think of when they hear the word "judge." Allow for several responses. Explain that today you will be discussing with them how individuals are selected to become judges.
Activity
Distribute Handout 1. Review the directions and ask students to complete the handout.
Call time after a limited but sufficient amount of time.
Ask for volunteers to share the most important qualities that they listed in each category. Reach agreement on the top four qualities in each category. Using the board or flip chart, use those qualities to draft a definition for a good judge. Do the qualities they selected seem to favor accountability or independence?
Explain that while there are various methods to select judges, today you are discussing two specific ways: the election and merit methods. As a way to engage the students in a discussion of these two methods, guide students through the following steps.
Have the students look at their completed Handout 1. Ask,
You may wish to give a current-event example of a case where a judge must rule on a controversial issue.
Ask the students to vote by a show of hands as to which process they feel would more likely result in judges with the qualities they have identified. Should judges be selected by election or merit?
Distribute Handout 2. Review with the students the costs and benefits analysis of the election and merit methods of selecting judges.
Distribute Handout 3. Review the background section on the page with the students by briefly discussing some of the historical background of selecting judges throughout the United States.
Have the students look at the map and the chart. Answer the questions concerning the map and chart.
Poll the class to determine what students know about how judges are selected in their state. Specific information about individual state courts (and courts in other states) can be found at
Remind the students of two important facts: Each state's constitution specifies how judges will be selected, and there is no one single agreed-upon method.
Summary and Closing
After reminding the students that there are strengths and limitations to each selection process, ask for a show of hands as to which selection process they favor. Ask if anyone has changed his or her opinion since the beginning of the discussion. Why or why not?
Can students reach a consensus on one method or build a system that combines the best attributes of both? Based on the discussion of the benefits and costs of two methods, what specific changes would students want to see in the way judges are selected in their state? What changes can be made so that the qualities they identified for judges are ensured?
Student Handout 1
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What Makes a Good Judge? Directions: Assume you are appointed to a committee to determine what qualities should be used in selecting judges in your state. Review the list of qualities provided below the chart and categorize them under the most appropriate heading. Following the activity, develop a definition for a "good" judge. Qualities
Place the qualities above in one of the following four categories:
Definition of a Good Judge |
Student Handout 2
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Two Proposals for Selecting Judges Background: Arguments for the two most common methods, election and merit, are outlined below. Review the benefits and costs of each method.
Method #1: Election Benefits
Costs
Method #2: Merit After a stated term, the judge then stands for an election with no party affiliation and no opponent. The judge will be retained if he or she receives a certain percentage of the vote. Twenty-four states and the District of Columbia use some type of merit plan for selecting some or all of their judges. Benefits
Costs
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Student Handout 3
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Judicial Selection Methods-An Overview Background : In the 19th century, the influence of Jacksonian Democracy resulted in a move toward elections as a means of holding judges more accountable to the public will. A century later, legal scholars in the Progressive Reform Movement proposed a merit selection process for the purpose of removing judges from the pressures of running for political office. These changes were implemented first in Missouri and in several other states in the 1950s and 1960s. The chart provides basic data about alternative methods of judicial selection. To find detailed information about state courts visit vls.law.vill.edu/Locator/statecourt. Look at the chart. What can you say about the methods states use to select judges? Find your state in the list. What generalizations can you determine from the chart? Merit Selection through Nominating Commission* *The following nine states use merit plans only to fill midterm vacancies on some or all levels of court: Alabama, Georgia, Idaho, Kentucky, Minnesota, Montana, Nevada, North Dakota, and Wisconsin. Gubernatorial (G) or Legislative (L) Appointment without Nominating Commission Partisan Election Alabama, Illinois, Louisiana, Michigan, N. Carolina, Ohio, Pennsylvania, Texas, W. Virginia Nonpartisan Election Combined Merit Selection and Other Methods Source: American Judicature Society |
Source material for lesson plan: Landman, James, "An Elusive Idea: Judicial Selection and American Democracy," Social Education, vol. 66, no. 5 (September 2002), pp. 293-301. Strategy adapted by Nancy Brown and Barbara Miller from "What Makes A Good Judge: Analyzing Judicial Independence and Judicial Accountability in Colorado," a lesson developed with the collaboration of Barbara Miller, Mike Brooks, Gordon Butz, Marilyn Johnstone, and Rebecca Virtue. This lesson plan can be found as part of the ABA's Law Day Planning Guide at http://www.abanet.org/publiced/lawday/guidemain.html pages 25-29.
Appellate Courts Welcome You The Kansas Court of Appeals, an 11-member, intermediate appellate court sits in three-judge panels. The court is pleased to have students attend the hearings. The Court of Appeals will next be hearing cases in Topeka, Overland Park, and Wichita in April. The Topeka and Wichita hearings will be April 22 and 23. The court will sit at the Johnson County Community College on April 22.
The Kansas Supreme Court is the highest court in the state, and includes seven members. Students are also 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 14, and May 27, 2003. 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, teachers may contact Ron Keefover, Education and Information Officer of the Office of Judicial Administration, 301 West 10th Avenue, Topeka, Kansas 66612-1507, (785) 296-4872, for assistance. You can also contact Mr. Keefover via email 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 Crystal Marietta, Pittsburg, (620) 231-5620. 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 Touijer, 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.
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