April 2005 - Riverside County Bar Association

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THE KIDS ARE OKby Rick LantzDo you remember the very first time youappeared in law and motion, legs shaking, stomach churning,trying desperately to memorize every single case youcited and every statute you proffered and to anticipateevery argument thrown your way by that hard-nosedjudge, not to mention feeling every pair of eyes in the audienceboring a hole between your shoulder blades, as theonlookers waited like a pack of wild dogs to jump you withtheir snickers when you failed miserably to come up withthe right answers? Well, that’s chump change comparedto the high school boys and girls who put on a mock trialin an honest-to-goodness courtroom, with an honest-togoodnessjudge, some 50 people in the audience followingtheir every move, and honest-to-goodness lawyers in thejury box all the while, actually scoring their performance.Now that’s a real leg-shaking, stomach-churning, heartpounding,dry-mouth-like-the-Sahara-Desert experience.But the kids did it! High school youngsters participatedin the annual Statewide Mock Trial Competition. I wasone of those real lawyers who did the scoring, and I hadnothing but admiration and respect for all of them – thosewho shone and the few who just got by. To me, they allshowed a fistful of courage.I arrived a half an hour before show time at LarsonJustice Center, Indio. The second floor hallway containedthe participants, coaches, teachers, and well-wishers, allquiet, aside from nervous whispers, sort of as in a library.Almost all of the high schoolers were well dressed in suitsand dresses. Black predominated; for a second, I thoughtI had stumbled into a funeral. Two courtrooms were tobe used; I drew the one presided over by CommissionerGregory Olsen, who showed kindness and understandingthroughout.One hypothetical case was used, not only by the participatingschools that night, but throughout the state,for every round. The case of People v. Kendall dealt witha homicide; an alleged two-car drag race on a city streetled to the death of one participant, with the other – thedefendant – accused of manslaughter. The trial wasdivided into five parts: a pretrial motion challenging theconstitutionality of a city ordinance; opening statements;the People’s case, via four witnesses, calling for direct andcross; and closing arguments. Each school provided stu-dents not only as attorneys, but as witnesses as well, to becross-examined by the opposition.The scoring was as follows:One: Shows lack of preparation and poor understandingof task and rationale behind legal procedure;Two, Three, Four: Inadequate preparation and understandingof task, stilted presentation, over-acting usingracial or ethnic stereotyping;Five: Fundamental understanding of task and adequatepreparation, acceptable but uninspired performance;Six, Seven, Eight: Demonstrates a more fully developedunderstanding of task and rationale behind legalprocedure;Nine, Ten: Demonstrates superior ability to thinkon her/his feet, resourceful, original and innovativeapproaches, extraordinary and realistic portrayal.Probably the most difficult part was the very first– the pretrial motion – as both sides presented argumentsdirectly to the court and then had to be prepared toanswer the court’s probing questions dealing with issuesof constitutionality. The young man of 17 who presentedthe defendant’s motion spoke slowly, distinctly, and effectively,pausing for a few seconds to collect his thoughtswhen questioned by the judge, then responding withoutfear. I gave him a nine. Unfortunately, the prosecution– a young lady – did not fare as well. After starting off, shefroze in silence for at least 20 seconds (to her, seemingly20 hours) while everyone in the courtroom held theircollective breath. She then resumed in a daze, not reallyunderstanding the judge’s questions. I gave her a two.Thereafter the process went fairly smoothly. Some“attorneys” clearly had previous experience, as they spokedistinctly and had a modicum of evidentiary understanding.The less experienced rushed through their questionsand comments with a death grip on their written material.“Hearsay” was definitely the objection du jour, witha few “nonresponsives” thrown in when the witnessesprogrammed themselves to make speeches. The key wasthe effectiveness of the witnesses, just as in a real trial.Some of the kids were darn good actors, especially the girlwho portrayed the defendant. At an opportune moment,she started crying and bemoaning the fact that her dragracingfriend had died while wrapped around a telephone(continued next page)Riverside Lawyer, March 2005 27
The Kids Are OK (continued)pole. Her emotions threw the prosecutor for a loop; hestruggled with each dramatic tear. I gave her a ten, him afive. After closing arguments, quite dramatic and effectiveby both sides, Judge Olsen ruled: Not guilty. My scoringalso gave the edge to the defense. Afterwards, I joinedCommissioner Olsen in chambers, who had nothing butadmiration for them all.Clearly Commissioner Olsen enjoyed the mock trial:“I think they have a lot of passion, which I really appreciated.They really believe their cases, and that is such akey. I though they were very well prepared. They knewwhat the witnesses were going to say, which is what youare supposed to do . . . you’re not supposed to have anysurprises,” said Commissioner Olsen.Any criticisms? “I think they stuck to their scriptsa little bit. I know sometimes they didn’t listen to theanswers that were coming out – they didn’t follow up –they would get a good answer and they didn’t follow up onthe answer. A lot of it has to do with the nervousness.”I asked, “If the youngsters were here in front of youand asking for advice, what would it be?”“Just really enjoy the process, really get into it. Ithink they really did. I thought some of the witnesseswere excellent, and the witnesses are what’s going tomake or break the case.”Much is written about what’s wrong with our youth.If only the mock trial could have been televised, so thatall of us could have experienced what’s right with them:bright, dedicated, clever, prepared. As Aristotle once said,“What we have to learn to do, we learn by doing.” The oldsage must have had these young men and women firmlyin mind.Rick Lantz, a member of the Bar Publications Committee, is anattorney in La Quinta.INCREASE YOUR CLIENTELEJoin theLawyer Referral Serviceof theRiverside County Bar Association(951) 682-1015State Bar of CaliforniaCertification # 0038LAW DAY 2005National Law Day, May 1, is aspecial day focusing on our heritageof liberty under law, a national dayof celebration officially designatedby joint resolution of Congress in1961.Law Day is an annual opportunity for RCBA membersto reach out in the community in an effort toexpand awareness of our laws or justice system, andtheir combined impact on our lives. It is more than justa single day to reflect on our legal heritage, it is a meansof sharing our daily way of life with the rest of our fellowcitizens.The official theme of Law Day 2005 is “The AmericanJury: We the People in Action.” Law Day is an opportunityfor all Americans to celebrate and enjoy our freedoms.The jury is the embodiment of democracy. We entrustjuries—small bodies of ordinary men and women—withdecisions that involve the liberties and property of defendants.In doing so, we confirm our faith in the ability ofpeople to make just and wise decisions, and that is thevery definition of democracy. We also see the jury systemas an opportunity to educate Americans in law, legal processes,and decision-making in a democracy.On this Law Day, we can help people understand thejury system, and appreciate their role in making it effective.The Riverside County Bar Association will be sponsoringits annual Law Day at the Malls on Saturday, May7, 2005. On that day, members of our bar association willbe present at the Galleria at Tyler in Riverside and theMoreno Valley Mall at Towngate in Moreno Valley from10 a.m. to 4 p.m. They will be providing free legal consultationto members of the public. If you would like tovolunteer for a two-hour time slot at either mall, pleasecontact the RCBA at (951) 682-1015 or charlotte@riversidecountybar.com.In conjunction with Law Day, the RCBA will also besponsoring the Good Citizenship Awards to RiversideCounty high school juniors on Friday, May 6, 2005.Presentations will be made at 1:00 p.m. in Department 1of the Riverside Historic Courthouse.28 Riverside Lawyer, March 2005
Page 2 and 3: Publications CommitteeRobyn BeilinY
Page 4 and 5: y Michelle OuelletteThis edition of
Page 6 and 7: y Robyn A. BeilinBarristers has bee
Page 8 and 9: Riverside Lawyer, March 2005 7
Page 10 and 11: OPPOSING COUNSEL: JOHN WAHLINby Que
Page 13 and 14: RIVERSIDE COUNTY MOCK TRIAL COMPETI
Page 15 and 16: APRIL FOOL'S SECTIONSPEEDING TICKET
Page 17 and 18: Judicial Candidate Interviews (cont
Page 19 and 20: (continued)ATTORNEY JOKESThe follow
Page 21 and 22: MOCK TRIAL-INNS OF COURTby Robyn A.
Page 23 and 24: Mock Trial-Inns of Court (continued
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Page 31 and 32: 30 Riverside Lawyer, March 2005
Page 33: CLASSIFIED ADSImmediate Need for At

April 2005 - Riverside County Bar Association

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