UH Law Students Partner with Hawai‘i Supreme Court, Judiciary History Center, and Hawai‘i State Bar Association to Educate High-Schoolers

February 17, 2012

William S. Richardson School of Law students played an important role this week in the Hawai‘i Supreme Court’s historic appearance at Farrington High School – the first time the Court has appeared in a high school setting - to hear oral arguments in a case on appeal.

Students from Mililani High were also in attendance for the State Judiciary’s Courts in the Community project that involves a unique partnership among the Supreme Court, Kamehameha V Judiciary History Center, Hawai‘i State Bar Association, and University of Hawai‘i Law School.

The project is focused on giving Hawai‘i high school students a better understanding of the courts and legal system, as well as insights into what it takes to study law.

Law School Dean Avi Soifer noted how “extraordinary” it is for a state Supreme Court to take a case into the community as the Court has done under Chief Justice Mark E. Recktenwald.

For several months, a dozen members of Students for Public Outreach and Civic Education at the Law School, under the leadership of student Michelle Moorhead, '13, and former Dean Laurie Tochiki, have been volunteering their time to teach high-schoolers about trials and, more recently, about the appellate court system.

Additionally they served as coaches for mock or moot trials in the high school, helping juniors and seniors prepare their own set of oral arguments for the particular case on appeal that involves the question of the reliability of eyewitness testimony.

At Farrington, students involved are part of the school’s Law and Justice Academy; many are interested in the law and perhaps in going on to study to be attorneys. Being involved with Richardson students has given them additional insight into the entire legal process.

“Last semester we introduced them to the whole trial system and this semester the whole appellate court system,” said Moorhead. “It gives them a better understanding of the legal system. Our involvement has included everything from curriculum design to actual teaching in the classroom to coaching students for their moot court arguments and doing a moot court activity.”

During the week leading up to Thursday’s Supreme Court oral arguments at Farrington, the Richardson students have been in classrooms daily to deepen the high-schoolers’ knowledge of the event.

“The ultimate goal is for students to walk into these arguments and understand all the issues in the case,” said Moorhead.

The case chosen for oral arguments at Farrington was State v. Cabagbag. A key issue involved eyewitness testimony and whether the judge conveyed adequate cautionary instruction regarding its accuracy to the jury during the trial at which Cabagbag was found guilty.

The original crime involved the theft of equipment from a construction site. The conviction hinged in part on the testimony of a police officer who identified the alleged perpetrator at night and from a distance.

To Dean Tochiki, the project has been an important community involvement for the Law School and its students.

“This is the third year of the Law and Justice Academy at Farrington and each of those years we’ve helped the students in different ways. Our students have helped with senior projects, and presented street law lessons on the constitution and other topics, and coached the moot court teams,” she said.

Moorhead, too, sees much that law students impart to their younger peers.

“I wanted law students to act as positive role models so students can say – ‘You know what – I can do that one day, too!’” she said. “It’s also important for youths to understand how the law is relevant to their lives and perhaps pass that on to parents who may not understand the legal system. Youths can really be positive drivers of our community.”

Last year, assisted by the late Prof. Jon Van Dyke, law students developed a curriculum for high-schoolers about First Amendment rights. It included the First Amendment, and focused on freedom of expression in the school setting.

During Thursday’s visit to Farrington, the high-school students had the opportunity to question the five justices after the oral arguments. Loud applause swept the auditorium when Associate Justice Simeon R. Acoba Jr. told the assemblage he was a Farrington graduate, as well as a graduate of Dole Intermediate and Kapalama Elementary School. Acoba told the students that much of his inspiration to go to law school began in high school.

Associate Justice Paula A. Nakayama emphasized to the students that they could be their own inspiration.

“You don’t have to have someone who is telling you to reach for the stars,” said Nakayama. “Just go for it! It’s not necessary to rely on someone else. You can look to something deep inside yourself.”

Chief Justice Recktenwald had high praise for the high school students, the insightful questions they asked the court, and their diligence in studying the case under consideration.

“Your working to learn about this case is incredibly inspirational to me,” he said. “The future of our country is in very good hands with students like you.”

As the high school students head into the rest of their semester, the law students will continue their involvement, particularly at Farrington. Moorhead said there are already plans for lessons on tort law; child abuse; children, parents, and the state; civil rights; landlord-tenant law; the Fourth Amendment, and search and seizure. There will be additional lessons on First Amendment rights, potentially at Kalaheo High on the Windward side, and in a Kona high school on the Big Island.

“I think the most important thing is to make the classes relevant to the students’ lives so it will leave an impact on them,” said Moorhead. “And whenever we go into the classroom we want to make sure we’re complementing what the teacher is doing.”