CONNECTING TO THE COURTS A TEACHER’S GUIDE TO THE WISCONSIN COURTS Wisconsin Municipal Judges Association This guide was originally created for From the Courtroom to the Classroom, an institute for teachers sponsored by the State Bar of Wisconsin, the University of Wisconsin-Madison Department of Curriculum and Instruction, the Wisconsin Law Foundation, and the Wisconsin Supreme Court. The guide and 2001 institute were funded by the Director of State Courts Office, State Bar of Wisconsin, and Wisconsin Humanities Council. The 2006 institute was funded by the Director of State Courts Office, the State Bar of Wisconsin, and the Wisconsin Law Foundation. The printing of the 2006 guide was funded by the Wisconsin Municipal Judges Association. From the Courtroom to the Classroom Planning Committee: Attorney Sara Bowen State Bar Law-Related Education Committee Attorney Ellen Henak State Public Defender’s Office-Appellate Division Diana Hess, Ph.D. University of Wisconsin-Madison Department of Curriculum and Development Dee Runaas State Bar of Wisconsin Amanda K. Todd Director of State Courts Office State Bar of Wisconsin 5302 Easpark Blvd. P.O. Box 7158 Madison, WI 53707-7158 www.wisbar.org (608) 257-3838 Published June 2006 CONNECTING TO THE COURTS A TEACHER’S GUIDE TO THE WISCONSIN COURTS Editors: Karen Leone de Nie Wisconsin Supreme Court Amanda K.Todd Director of State Courts Office Diana Hess, Ph.D. University of Wisconsin - Madison Attorney Ellen Henak State Public Defender's Office - Appellate Division Dear Educator, In February 2000, the Wisconsin Supreme Court, the State Bar of Wisconsin, and the University of Wisconsin Department of Curriculum and Instruction conducted an experiment. We brought 28 high school teachers from around the state to Madison for a two-day intensive workshop on teaching about the courts. We explained the concept of judicial independence, identified historic “teachable” cases, introduced a process for selecting appropriate cases for study, and engaged the teachers in interactive exercises such as a moot court, a mock sentencing, and a grant/deny exercise using actual Supreme Court petitions for review. The faculty included justices, judges, lawyers, professors, and Hon. Shirley S. Abrahamson other experts on education and the justice system. These busy Chief Justice people volunteered their time for our experiment, and we crossed Wisconsin Supreme Court our fingers that it would be a success. When the evaluations came in, we celebrated. Teachers told us: I may revamp a lot of my curriculum based on what I learned and This is the best seminar I have ever attended in my 27 years. Faced with sentiments like these, we could do only one thing. We held the second institute in February 2001, and we haven’t missed a year since. The institute changes and grows with each passing year. We have found new ways to incorporate technology, have added teacher-graduates from years past to share their “real-world” knowledge, and in general have used our experience with the program to improve it each year. As word has spread, we have moved from recruiting applicants to creating waiting lists for future sessions. One of the key pieces that has made the institute successful is in your hands. A Teacher’s Guide to the Wisconsin Courts, first published in 2001 and updated and reprinted in 2006, blends the materials used in the institutes with sample lesson plans and other information we have found helpful along the way. Alexis de Tocqueville, the great 19th-century writer and student of American democracy, observed that most public issues in the United States eventually become legal issues. Indeed, Americans do turn to the law every day to resolve their disputes. America’s schools have an important role to play in fostering public understanding of the law and the justice system, but they can’t be expected to do it alone. We hope that the institute, the Web materials, and this book will help our schools to build young adults who have confidence in our legal system, who feel that they have full access to the services this system can provide, and who value the role of law in our society. Sincerely yours, Shirley S. Abrahamson Chief Justice, Wisconsin Supreme Court iii Dear Educators: President John Adams once remarked that “children should be educated and instructed in the principles of freedom.” That Draper pix admonition is no less important today than it was when first advanced, and I am therefore pleased to welcome you and your students to the study of the Wisconsin court system. The lawyers who are members of the Wisconsin State Bar and all of those who, whether lawyers, teachers, or employees of the State Bar, serve on the Law-related Education Committee are grateful to the Wisconsin Municipal Judges Association for its assistance in funding A Teacher’s Guide to the Wisconsin Courts and to the State Bar of Wisconsin, the Wisconsin Supreme Court, the Wisconsin Law Foundation and the University of Wisconsin – Madison Department of Curriculum and Instruction for making Attorney Lindsey Draper, chair, the institute possible. State Bar of Wisconsin LRE committee Knowledge of the court system is a critical element in appreciating the freedoms we enjoy, and educating members of the public about law is an important mission of the State Bar of Wisconsin. This guide will help you educate your students about the courts and important court decisions that have played key roles in the history of our state and country. We thank you for all of your efforts in preparing your students for the positions they will assume in our communities and as they learn the balance of rights and responsibilities. One of my favorite quotes, attributed to Andy McIntyre, simply notes that “if you think education is expensive, try ignorance.” The more our young people and families are familiar with all levels of the courts and their workings, the greater will be their appreciation of the impact of the judicial system on all our lives. This is a truly wonderful opportunity to increase knowledge of an essential part of our governmental system. The teacher’s guide was inspired by From the Courtroom to the Classroom, the judicial teaching institute sponsored by the Wisconsin Supreme Court, the State Bar of Wisconsin, the University of Wisconsin-Madison Department of Curriculum and Instruction, and the Wisconsin Law Foundation. The institute is one of the many resources available to Wisconsin educators through the State Bar of Wisconsin and its Law-related Education Committee. The Law-related Education Committee wishes to thank all who have volunteered their time and efforts and helped create and sustain the judicial teaching institute. It is a source of great pride to hear the responses of those who have participated in the institute and to hear of their appreciation for the many judges, lawyers and volunteers who helped make the institute successful. We are very appreciative of all who have supported the institute and who have helped create and review the teacher’s guide. We encourage all to visit our website at www.legalexplorer.com to learn of additional LRE activities and programs. v Table of Contents Introduction 3 Chapter 1: Federal Courts 5 Teaching Resources: The Function of and Qualifications for Jury Service Chapter 2: Overview of the Wisconsin Court System 21 Teaching Resources: How Tootsie the Goldfish Is Teaching People to Think Like a Judge Chapter 3: Wisconsin Supreme Court 29 Teaching Resources: So Many Cases, So Little Time Grant/Deny Exercise Moot Court Chapter 4: Wisconsin Court of Appeals 69 Chapter 5: Wisconsin Circuit Courts 75 Teaching Resources: Sentencing Exercise Chapter 6: Wisconsin Municipal Courts 91 Teaching Resources: Ordinance Exercises Chapter 7: Judicious Election of Judges 111 Teaching Resources: Mock Judicial Campaign Chapter 8: Connecting to the Courts 125 Appendix 133 “Building a More Perfect Union: Wisconsin’s Contribution to Constitutional Jurisprudence” (includes a list of all cases reviewed by the U.S. Supreme Court that originated in Wisconsin) Glossary of Legal Terms Introduction Dear Teacher: The materials in this book are designed to help secondary students learn about constitutions, courts, and cases. Focusing on these topics as part of a comprehensive democracy education program has the potential to help young people build the understanding, skills, and attitudes necessary for active and informed participation in a democracy. Our political and legal systems are complex and often intimidating, but it is apparent from recent research that young people who learn about the legal and political systems in school are more willing to participate as citizens in this democracy. To be effective, democracy education must (1) focus on controversial issues, (2) be taught interactively, (3) and involve outside resource people. The materials in this book are designed with those goals in mind. First, the lessons in the book do not shy away from controversy. Controversial issues are part and parcel of democracy, and it is imperative that young people learn how to develop and communicate well-reasoned opinions on these issues. Therefore, some of the most controversial issues facing society—hate crime legislation, the scope and limits of police power, the relationship between government and religion—are examined in the lessons. Focusing students’ attention on controversial legal issues lends authenticity and helps to ensure that school prepares students for the real world. Content alone, however, does not make for high quality democracy education. It is also important that the way students learn imparts core tenets of democracy. For this reason, the learning strategies embedded throughout this book are highly interactive and collaborative. Through activities such as moot courts and the “grant/deny” petition exercise, students are taught to work cooperatively to analyze core constitutional principles and apply them to real- life situations.