JUDICIAL SCHOLARS PROGRAM
1999-2000

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF WEST VIRGINIA
AND
CIRCUIT COURT OF OHIO COUNTY, WEST VIRGINIA
(FIRST JUDICIAL CIRCUIT)

INTRODUCTION

In the spring of 1999, judges of the United States District Court for the Northern District of West Virginia and the First Judicial Circuit of West Virginia invited the four principals from the high schools in Ohio County, West Virginia to a meeting to discuss the possibility of conducting an educational program on the courts for high school juniors and seniors. This Judicial Scholars Program would be jointly sponsored by the federal and state courts.

The principals were very receptive to the idea of conducting an educational program for students and recommended that the program not be limited to a one-time event, but instead be a series of programs throughout the academic year. The principals agreed to appoint an academic advisor at each school for the program and these individuals would work with the students and the courts to implement the program. It was also agreed that each school would select no more than twelve students to participate in the program. (The number of participating students totaled 36.) The students selected for the program would be students with a demonstrated interest in government and the law. The principals also agreed that, since the program was open to both juniors and seniors, the program, if successful, would be offered every other year.

PLANNING

Detailed planning of a program of this nature is important. It is critical to have the support of the principals of each of the schools and to have the principals appoint an academic advisor to assist in the planning and coordination of the program. A planning meeting was held in the spring of 1999 to plan the program for the 1999-2000 academic year.

Issues that need to be considered in such a program are the school calendars, transportation, the number of students, how the students are selected, the materials that will be provided to the students and the content of the program. Ideally, the planning for a program of this nature would occur in the spring with the students to be selected early in the fall.

THE PROGRAM

The program was designed through a joint effort of the academic advisors and court personnel, including final approval of the program by the judges. It was determined that the Judicial Scholars Program to be held in Wheeling, Ohio County, West Virginia would consist of five sessions.

The first session was held in the United States District Courtroom in Wheeling and consisted of an overview of the state and federal court systems, an analysis of a typical criminal case, review of the grand jury system, and a brief discussion of the tragedy at Columbus University which formed the basis of the State of New Columbia v. Chris Archer, a fictional case dealing with a homicide at a University arising out-of a fraternity hazing which was used for the mock trial conducted in the last session of the program. Melvin W. Kahle, Jr., then Prosecuting Attorney of Ohio County, and Sam G. Nazzaro, Assistant United States Attorney, spoke on the criminal justice system. United States District Court Judge Frederick P. Stamp, Jr. and Circuit Court Judge Martin J. Gaughan spoke on the judicial system.

The second session was also conducted in the United States District Courtroom and centered around the Naturalization Ceremony conducted by United States District Judge Stamp. Prior to the Naturalization Ceremony, the students were given an overview of how a person becomes a naturalized citizen by a representative of the Immigration and Naturalization Service. Congressman Alan B. Mollohan spoke at this ceremony. The students also watched the initial appearance and arraignment in the magistrate court of Chris Archer, the defendant in State of New Columbia v. Chris Archer. United States Magistrate Judge James E. Seibert conducted the two proceedings and then discussed each of these with the students. These two proceedings were based on the facts that were used in the mock trial conducted during the last session.

The third session took place at the Ohio County Courthouse in Wheeling. Presentations were made by Family Law Masters Joyce D. Chernenko and William Sinclair, dealing with domestic relations. Judge Gaughan of the Fist Judicial Circuit reviewed a criminal case, State of West Virginia v. Poling, that was pending before the West Virginia Supreme Court of Appeals, and which would be the subject of the fourth session of the program. There were also presentations on careers in the law presented by Dean John W. Fisher, II of the West Virginia University College of Law and Gary Edgell, Superintendent of the West Virginia State Police. Professor Michael Yura, Coordinator of the Department of Forensic Identification at West Virginia University, spoke on DNA evidence and related topics and Jeff R. Givens, the Chief Program Officer for the United States District Court for the Northern District of West Virginia spoke on the concepts of probation, parole and supervised release.

The fourth session was held in Clarksburg, West Virginia. The students participating in the Judicial Scholars Program were invited to attend a student program sponsored by the West Virginia Supreme Court of Appeals. The LAWS Program (Legal Advancement for West Virginia Students) provides students with the opportunity to study a case pending before the West Virginia Supreme Court of Appeals and then to attend the oral arguments before the Supreme Court. The students observed the oral arguments in an actual criminal case pending before the Supreme Court, attended a luncheon with the Justices of the Supreme Court of Appeals and then had the opportunity to question the attorneys who had argued the case before the court earlier that day.

The fifth session was held in the United States District Court in Wheeling. The students served as jurors as the prosecution and defense lawyers tried the case of State of New Columbia v. Chris Archer. The lawyers trying the case were Wheeling attorneys, Patrick S. Cassidy, James F. Companion, Lester C. Hess, Jr. and LandersP. Bonenberger, each of whom are Fellows of the America College of Trial Lawyers. Court personnel served as witnesses in the trial.

Each of the sessions lasted approximately three hours. The trip to Clarksburg to observe the West Virginia Supreme Court of Appeals took the entire school day. Scheduling the program and time away from school was not a major problem since this was planned early in the school year and was coordinated with the schools, calendars. One of the participating schools provided its bus for transportation.

The Wheeling schools participating in the Judicial Scholars Program were Wheeling Park High School, The Linsly School, Central Catholic High School and Mt. de Chantal Visitation Academy.

EVALUATION

At the final session of the Judicial Scholars Program, the students were given an evaluation form to complete in order to provide court personnel and teachers with the students' reaction to the Judicial Scholars Program. The students gave the program very high ratings. Their favorite part of the program was the mock trial conducted at the last session. They were nearly unanimous in their comments relative to the type of sessions that should be conducted. Students seem to favor the programs in which they participated or interacted with the court or the speaker, as opposed to solely lecture programs.

CONCLUSIONS

The Judicial Scholars Program is an excellent way for the state and federal judiciary, working together, to involve students in acquiring a better understanding of the American judicial system. Having multiple sessions throughout the academic year proved to be a good idea so that the students could be exposed to many aspects of the court system over the school year. Based upon the first year of experience, each session should last no more than three hours (unless there is a special program such as the LAWS Program which requires travel), each session should have a component that allows the students to participate, and any lectures should be relatively short and given as background to the particular session they are attending. Advance planning for a program of this nature is essential. 'Based upon the evaluations of the students, this program was a success and should not only be continued at the Wheeling point of holding court, but should be considered for expansion to Clarksburg, Elkins, and Martinsburg, the other three points of holding court in the United States District Court for the Northern District of West Virginia.

Anyone desiring further information dealing with the Judicial Scholars Program may contact Chief Judge Frederick P. Stamp, Jr., United States District Court for the Northern District of West Virginia, P.O. Box 791, Wheeling, West Virginia 26003 (304/2331120) or Ted Philyaw, Chief Deputy Clerk, United States District Court for the Northern District of West Virginia, P.O. Box 471, Wheeling, West Virginia 26003 (304/232-0011).