This newsletter is a continuation of efforts to enhance and support state court strategies in the area of public trust and confidence initiated by the National Conference on Public Trust and Confidence in the Justice System.

In 1999, the National Conference on Public Trust and Confidence in the Justice System was convened to address negative public perceptions of the judiciary.  Participants included state chief justices, court managers, and representatives of the federal judiciary, the bar, the media, and the public.  The National Conference identified multiple issues lying at the core of the public trust problem.  Most pressing among these issues are:

• Unequal treatment in the justice system,
• High cost of access to the justice system, and
• Lack of public understanding.

The Conference also identified strategies designed to improve public trust in the judiciary, many focusing on improved education and information sharing between courts, states, and the community.

Solutions produced by experts in the field serve little purpose if they are never implemented.  Although individual states have implemented programs to improve public trust and confidence, one of the goals of the Conference was to establish national roles through which public trust and confidence could be addressed.  The most important role, as identified by the Conference, is to “Develop and/or disseminate models or best practices.”  This newsletter intends to fill this vital national role, and share the innovative and effective programs of state courts with one another.

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One of the most important issues affecting public trust and confidence is the lack of public understanding of the judicial system.  One means of rectifying the blank spaces in the public’s understanding is through public outreach.  Not surprisingly, one of the best forms of outreach is public education.   For this reason, the first issue of the newsletter is focusing on court outreach to school systems.

Court educational programs can take many forms.  The most common include webcasting oral arguments, convening court in the schools, assigning judges to teach mini-courses, and statewide and local teacher training to improve student instruction on the justice system.  In this issue, school outreach programs of the above four types will be highlighted, as they have been implemented by the Supreme Courts of Indiana and Colorado, The King Kamehameha V – Judiciary History Center of Hawaii, the Supreme Court and Eleventh Judicial Circuit of Florida, and the Supreme Court of Wisconsin, respectively.

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Judiciary and the Schools 

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Many states use the Internet as a means of distributing traditional educational materials.  The Indiana Supreme Court is an early adopter in using the web itself as part of the curriculum.  Indiana offers webcasts, with case summaries, of all oral arguments before the Supreme Court and for selected cases before the Court of Appeals and Tax Court.  Indiana enhances its broad webcasting activities through its focused “Featured Cases” program.  The “Featured Cases” program couples innovative webcasting with comprehensive legal and educational materials.  “Featured Cases” are selected for educational content and student interest.  Materials accompanying featured webcasts include: case summary, briefs of petition and reply, associated lesson plans, and case dispositions.  Students are thus instructed on judicial process and fundamental legal concepts through the web.  Recent “Featured Cases” have focused on interesting and critical legal concepts like: due process, right to trial by jury, construction of legal arguments, statutes of limitations, and medical malpractice.  Upcoming units are expected to focus on gun ownership, freedom of speech, and defamation.

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Judiciary and the Schools 

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Twice every year, Colorado’s Supreme Court and Court of Appeals go “on the road,” visiting high schools throughout Colorado to hear oral arguments.  In preparation for these visits, workshops are held for teachers; students are provided notebooks containing legal briefs, background information, and resource material; speakers from local bar associations address students on the judicial process, law, and relevant cases; and school-sponsored mock court sessions are often held.  After oral arguments, the Court and the opposing attorneys discuss the cases and field questions from the audience.  Following the program, a cross-section of students are invited to meet informally with the judges or justices over lunch.

Student reaction indicates that first-hand court experience is invaluable to learning.  Most striking was how much the students learned by ‘unlearning’ popular stereotypes of the judicial system.  For instance, students expected the judges to be disinterested, but found them engaged by the arguments.  Students also expected the arguments to focus on the facts, but discovered that the focus of appellate courts is on rules of law.  Finally, much to the surprise of the students, the lawyers were very much like “regular people.”

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In Hawaii, students in grades seven to twelve are introduced to the judicial system by sitting state court judges.  Judges visit schools and teach a three-lesson mini-course on Hawaii’s Family Court system.  Students are taught the ins and outs of the juvenile system, including:  the meaning of the term “minor,” why minors are treated differently than adults, what dispositions are available and appropriate for juveniles, the roles of the prosecutor and defense attorney, and procedures of a legal hearing.  During the last session, the students participate in a simulated Family Court hearing, drawing together the separate aspects of the judicial system into a unified experience.

The “Judges in the Classroom” program was developed on the assumption that responsible citizens begin as students who understand legal institutions and the justifications for the law.  Such understanding is likely to lead to an expanded appreciation of the justice system, a heightened ability to predict consequences of unlawful acts, and a greater ability to resolve disputes independent of the court system.

The King Kamehameha V – Judiciary History Center of Hawai’i, developed this program, basing it on a similar program in Washington State (see http://www.courts.wa.gov/education/).

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Florida Supreme Court Creates Justice Teaching Institute to Remedy Public's Lack of Understanding of Judiciary

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Working from the theory that better teachers make better students, the Justice Teaching Institute was established to enhance teacher understanding of the justice system, and thereby improve the quality of student instruction.  The JTI provides 5 days of specialized training to 20-25 secondary teachers.  The training includes  mock oral arguments, technology and the courts, alternative dispute resolution, law-related lessons, history and structure of the Florida courts, visits to the trial and appellate courts, case studies, and issues confronting the state courts.  Once the training is complete, the teachers become Fellows of the Justice Teaching Institute.  The training, while offered without charge, is not without continuing obligations.  The new Fellows of the Institute are expected to conduct colleague-training seminars in their local communities.  By repaying the advantage afforded them, the Fellows are furthering the mission of the JTI and enhancing the quality of public education.

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The Eleventh Judicial Circuit of Florida has implemented a local initiative patterned after the Florida Supreme Court’s Justice Teaching Institute. The local Institutes are day-long seminars offered for teachers two or three times each year. Workshops, panel discussions, case-studies, and role-playing activities are utilized to familiarize the teachers with such topics as technology and the Internet; society and the law; mediation; trial practice/mock trials; the use of the Court as a community resource; and ethics, public trust, and confidence in the justice system. The local JTI makes extensive use of judges, lawyers, and community leaders from both local and state levels, and always features an address by a current or former Supreme Court Justice. The 11th Circuit has recently modified the local JTI to include a session for at-risk students.

The effect of this local JTI, is to expand the "pyramid-approach" of the state JTI, increasing the number of teachers exposed to advanced legal instruction at the “pinnacle,” and thereby expanding the number of students exposed to enhanced instruction at the “base.”  The goal of the local program is  “[e]mpowering our youth with the values of responsibility, civility, communication and respect as members of the community.”

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One of the many positive results achieved through Wisconsin’s annual teaching institute, “From the Courtroom to the Classroom,” is the development of a comprehensive teacher’s guide to the Wisconsin Courts.  This book, “Connecting to the Courts,” is designed to help secondary students learn about constitutions, courts, and cases as a part of a comprehensive democracy education program.  To enhance the effectiveness of the program, special emphasis is placed on controversial issues, interactive teaching, and the involvement of outside resources and speakers.

The “Connecting to the Courts” program is complemented by two other Wisconsin efforts:  the “Court with Class” program and the “Case of the Month” program.  “Court with Class” offers a selection of high school students the opportunity to attend oral arguments and meet with a Supreme Court justice over lunch.  The “Case of the Month” offers access to an audio webcast of oral arguments for a specially chosen case, together with supporting and enhancing materials.

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