Lawyers and Judges Team
Up to Teach Youth Importance of Judicial Independence
By Janet Stidman Eveleth
Judicial independence is a growing concern in
Maryland and across the country. The judicial branch of our government is
increasingly threatened by political entities, special interest groups and
other branches of the government. Exacerbating these threats is the average
citizen's lack of knowledge about the basic functions of our government,
including one of its fundamental principles: the separation of powers. The
separation of powers doctrine secures judicial independence, allowing courts
to render fair and impartial judgments in cases without interference or influence
from the legislative and executive branches of government. It authorizes
the court's independent function, free of partisan politics, protecting the
rights of all citizens. Fair and impartial courts safeguard the liberties
of our citizens, disbursing fair and equal justice to uphold American freedom.
Yet, only 48 percent of the nation's public understands the separation of
powers concept, according to a 2005 American Bar Association public opinion
poll. This survey revealed that only 55 percent could correctly name this
country's three branches of government; 22 percent labeled them as "Republican,
Democrat and Independent;"
and 16 percent believed they were "local, state and federal government."
To thwart this alarming trend, one of MSBA President Edward J. Gilliss' initiatives
this year, in partnership with Chief Judge Robert M. Bell and Maryland's Judiciary,
is an innovative project where lawyers and judges team up and go into the state's
schools to teach young people about the importance of separation of powers
and an independent judiciary. In addition to school visits, the Bar and the
Bench have developed materials and lesson plans to help educate students about
our democracy. "It's time for a refresher
course in civics," exclaims MSBA's President. "Our democracy depends on a knowledgeable
public." Americans need to understand the value of the separation of powers
doctrine and its system of checks and balances, and where better to start than
in the schools? Gilliss stresses, "Civics must return as a visible component
of classroom learning." "When Ed Gilliss
first mentioned that one of his priorities was to encourage lawyers and judges
to visit schools to explain the importance of the separation of powers, I was
delighted," declares Chief Judge Bell. "A strong and independent Judiciary
guarantees the balance that protects citizens against one branch becoming too
powerful and the guarding against the potential for excesses and abuses of
power. This initiative offers the Judiciary another opportunity to apply an
abstract concept to today's reality for Maryland's youth and educators."
Thus, "MSBA and Maryland's Bench are embarking on an effort to deliver
critical information to 6th and 7th graders in classrooms across the state," proclaims
Gilliss. "Together, lawyers and judges will present a meaningful message
about the role of the judicial branch in our society. A lawyer and judge – real
people – will have real potential to make a positive impact on our
children – and their families."
First, these legal experts will offer an historical perspective, explaining
why our country's Founding Fathers fashioned this nation's government around
the doctrine of separation of powers, writing it into the U.S. Constitution
in 1787. They will show the students how these pioneers created a unique
system that separated and blended powers so each branch of the government
serves as a check and balance on the powers of the other two and highlight
the tension between the branches to ensure that one branch does not dominate.
The teams of lawyers and judges will also delve into the philosophy behind
separate powers and demonstrate how this doctrine has successfully functioned
as a critical part of our Constitution for three centuries. They will cite
recent legal cases underscoring this doctrine and explain the significance
in the context of our contemporary times. Working through MSBA's Citizenship
Law-Related Education Program Committee (CLREP), the Bench and Bar's
"Separation of Powers - the Critical Role of an Independent Judiciary in Sustaining
Our Democracy" project will adopt a three-pronged educational approach: (1)
teacher training workshops and a statewide conference; (2) the development
of hands-on materials, including lesson plans, in a print and electronic curriculum
format; and (3) student sessions featuring teams of lawyers and judges in the
classrooms. Kick-Off
On November 6th, the first prong of this initiative was unveiled in Harford
County when CLREP hosted a "separation of powers" teacher training program
for 100 teachers (see story on page 5), attended by MSBA President Edward Gilliss
and the Honorable Ben Clyburn, Chief Judge of the District Court of Maryland.
CLREP Executive Director Ellery "Rick" Miller was "very impressed with the
depth and sophistication of the teachers' questions directed toward Judge Clyburn
regarding the separation of powers." Additional teacher trainings will be held
across the state. The second prong of this project, curriculum development,
is currently underway and CLREP has already prepared and distributed a primer
on the roles of each of the three branches of government and the importance
of separation of powers for the schools. To date,
"teacher response to this initiative is very promising," states Miller.
"Teachers have already told us how valuable these materials are for units on
the Constitution, 5th grade American Government and high school U.S. Government." "The
third tier is creating the opportunity for lawyers and judges to go into classrooms
and/or for students to visit courtrooms," MSBA's President continues. "Our
three co-equal branches of government and the concept of separation of powers
are ripe for reinforcing in the classroom." The Bar and Bench are now actively
recruiting lawyer/judge teams for school visits. This joint Bar/Bench initiative
will culminate with a student/teacher conference on May 15, 2007, where participants
will explore the many facets of the separation of powers doctrine. "When you
train teachers, the impact will last for years," asserts Miller. "Each secondary
teacher impacts roughly 150 students each year. While the teams of lawyers
and judges in the classrooms have great impact on students at that moment,
the long-range impact is increasing the understanding and knowledge of teachers
about the separation of powers and the critical role of our independent judiciary."
Conclusion
"Our mission is to re-instill knowledge about our government in our youth
to help address the attacks on the judiciary," asserts Gilliss. "MSBA is taking
an active role in standing up for and speaking up about the importance of three
co-equal branches. In light of recent challenges – real or perceived – to
the co-equal status of the judicial branch, it is important to act now." "There
is an effort in this state and across the nation to teach students the importance
of three co-equal branches of government and an independent judiciary," proclaims
MSBA's President. "Lawyers and judges will go into classrooms and students
will go into courtrooms for visits to see justice in action."
Separation of powers is a hallmark and one of the foundations of our democratic
government. "The importance of the doctrine of separation of powers and judicial
independence is just as crucial today as it was in our nation's infancy," concludes
Gilliss. "An impartial judiciary is the bedrock upon which our legal system
rests."
Attorneys interested in volunteering to team up with a judge and visit local
schools should contact Jason Zeisloft at jzeisloft@msba.org or
(410) 685-7878, ext. 3028.
