Education for democracy: a responsibility of the legal profession.

"The death of democracy is not likely to be an assassination from ambush. It will be a slow extinction from apathy, indifference, and undernourishment."--Robert M. Hutchins

Reports published over the last decade document the American citizenry's limited knowledge of our government's structure and function as well as the institutions of democracy. A "nation of spectators," (1) we turn out to vote in low numbers, particularly our young people. Most Americans do not understand our most basic constitutional principles, and we are disengaging from civic and political institutions in increasing numbers. (2) What can be done to rebuild a healthy and vibrant democracy and encourage public trust, confidence, and support of its institutions?

What We Know

Democracy doesn't just happen. Educating our young people to be effective citizens is the historic mission of American public education. With their specialized knowledge of the Constitution and the justice system, attorneys and judges bear a special responsibility to participate in education for democracy efforts. In addition to contributing to the classroom, their efforts will help build long-term public support for the courts.

A recent survey conducted by the Justice at Stake Campaign, a nationwide, nonpartisan partnership of more than 30 judicial, legal, and citizen organizations, found that Americans who hold the most knowledge of the way the courts function are among the most likely to reject attempts to reduce the courts' powers. (3) The study further noted that "having an appreciation of the role of precedent, appeals, constitutional review, and other aspects of the courts appears to reinforce an appreciation for the courts and their role as constitutional guardians." (4) Ultimately, it is in the best interest of our democracy to share our knowledge of the courts with the public.

In December 2005, The Florida Bar conducted a poll to determine Floridians' knowledge of some basic democratic principles. The results reflected earlier findings of a national poll conducted by the American Bar Association. Fewer than 60 percent could identify the three branches of government, and less than half understood the concepts of separation of powers and checks and balances. (5)

An even more recent national survey, released by the Annenberg Public Policy Center at the University of Pennsylvania in September 2006, found one third of Americans were not able to identify even one of the three branches of government. (6) The survey, which analyzed public understanding of the judiciary and its relationship with the executive and legislative branches also revealed that just more than half of Americans believe the president must follow the Supreme Court's rulings. (7)

Americans report a desire to learn more about the courts and they want to learn from judges. Most Americans report that they most likely received their limited "education" on the courts in high school. Today, many students may only have one opportunity to learn about the courts through our public education system. Currently, in most school districts, this opportunity exists as part of a mandatory, one semester high school American government course that covers federal, state, and local government. This is not a lot of time for such an important subject.

The 2006 Florida Legislature added a new requirement for middle schools mandating a semester study of "state and federal government and civics education," (8) in which students will take three courses in social studies in middle school before advancing to high school. Under the new law, one semester of the social studies requirement must address civics.

Resources

The Florida Bar and The Florida Bar Foundation have long recognized the importance of law-related and civic education. Their support and funding have built one of the most respected programs in the country. The Florida Law Related Education Association, Inc., provides diverse programs and materials for students, teachers, and resource persons, such as lawyers, judges, and other government officials. Since its inception in 1984, the organization has worked tirelessly to advance law-related and civic education in grades K-12 statewide. FLREA has created multiple law electives for students at the high school level including constitutional law, court procedures, and international law.

Curriculum initiatives such as Project Citizen, We the People, mock trial, and moot court competitions supplement classroom experiences to provide hands-on opportunities for students to apply the law to their daily lives. As a result, students have influenced Florida legislation and public policy in an effort to solve community problems. And Florida high school students have repeatedly won national championships in constitutional academic competitions as an outgrowth of these opportunities.

One of FLREA's most recognized and effective programs puts government officials right into the classroom. Florida's Supreme Court justices have been particularly recognized for their efforts to teach students about the courts and the Constitution. In addition to visiting classrooms regularly, the justices help to train teachers, judges, and attorneys in effective law-related education methods such as case studies, controversial issues exercises, and cooperative group work.

Chief Justice R. Fred Lewis has made civic and law-related education an important part of his administration and his life. The following snapshots from his experiences demonstrate the positive effects of such educational partnerships.

Justice in the Classroom: A Case Study

Since Justice Lewis was appointed to serve as a justice of the Florida Supreme Court in December 1998, he has visited three to four schools a month with the goal of connecting a human face to an institution that may otherwise appear impersonal and irrelevant to the average student. As executive director of the Florida Law Related Education Association, Inc., I assist him with many of these visits in which we work primarily with individual classrooms and focus on the quality of the experience as opposed to impacting huge assemblies of people. Our audiences vary from Florida's youngest students to its retirees. While the majority of our visits are to elementary, middle, and high schools, we also are invited to universities and civic and community settings. The activities we present allow the audiences to make decisions, to think critically, and to apply the Constitution to their daily lives.

We learn as much from the students and benefit tremendously from their interactions. It is rewarding to hear Florida State University undergraduate students say that they learned more about civic responsibility and government in one two-hour session than in their entire time in the educational system. Florida State University School of Law students have commented that being able to meet and speak with a public official who is dedicated to reaching the correct answer to legal questions in the face of criticism and professional attacks invigorated their desire to pursue a legal career. These law students have shared with us that they were further motivated to become the next leaders of our legal and governmental process through the excitement and enthusiasm exhibited by a judicial officer.

Many children with whom we interact have never seen a member of one of the three branches of government. As a child, Justice Lewis never met a judge. Nevertheless, we firmly believe that every child, regardless of his or her age, educational achievement, or background, possesses an innate curiosity and desire to learn more about how our government operates. Hence, our visits are not limited to students in advanced courses or large metropolitan areas.

We remain mindful that a number of the individuals we meet have previous experiences with the judicial branch that were less than positive. Life-changing divorce or custody proceedings have pierced the very fabric of their families. Others have encountered the courts when they committed criminal acts or suffered as crime victims. Our goal is to demonstrate that the judicial branch is designed to serve every member of the public in the fulfillment of justice. We further seek to help these individuals understand, through their personal encounters with the government and the legal system, the integral role that civic education and civic participation plays in our lives.

To achieve this goal, rather than lecture, we interact with them and involve them in an experiential, educational exchange. We stay away from large assemblies and speaking from a podium. A small group approach ensures each child's personal educational experience. It is especially critical to reach out to children who may not be on a college track. Such educational interaction is intended to provide students with the information they may need to live in today's world and to understand and participate in the governmental process. Involving them in direct discussion infuses them with a sense of empowerment. In some communities, the child may be the only English-speaking member of the family, and these interactions provide him or her with information to share with parents regarding their rights as American citizens.

We have walked into classrooms where the only visible human characteristic is the top of each student's head as they look downward because they are not interested in just more "adult talk." One student was resting his head on his desk when we walked into an alternative school several years ago. He later confided that he had been up all night, the result of a drive-by shooting in his neighborhood and his family's fear. At some point, he became engaged because the content and methods captured his interest. By the end of the exercise he was asking if people could still be judges even if they had been in trouble or made some mistakes as a juvenile.

At times, we have encountered older students who give the impression that they know everything. We have discovered that beneath the veneer of skepticism are curious minds who crave the opportunity to learn how our governmental institutions work and who, until now, have never had an opportunity to interact with, ask questions of, or to reflect upon, critique, and analyze the information with which they have been provided.

One student was quite outspoken due to an impression that our courts allow too many defendants to "get off" on legal technicalities; however, this student eventually realized that some of the expressed views of "technicality" were actually fundamental constitutional rights.

Some young people have endured more challenges by the time they reach the fifth or sixth grade than many of us can imagine. When we enter a school and immediately encounter students engaged in a physical fight in the entry, we wonder what problems these students must be facing. On one occasion, we delivered "fast food" lunches to an elementary class and watched with concern as many of the children cut the food into smaller portions to carry home for dinner.

At a high school several years ago, we encountered a student who stuttered repeatedly. The class rolled their eyes and laughed when he asked a question. Justice Lewis focused his attention on the young man and waited patiently for him to finish each sentence, and then praised him for asking such an important question and proceeded to answer each question with thoughtfulness and respect. After some time, a mutual respect developed within the classroom and the lesson extended beyond the courts and the Constitution and the other students had stopped laughing at their classmate and began to participate in the discussion with him.

As each example demonstrates, personal encounters are the gateway to unlocking the conflicts and struggles many young people face today. Through our interaction with students and schools, we have encountered some of the most wonderful people and gratifying experiences. While visiting a school in Tampa, a red-haired autistic student extended to us the warmest welcome that we have ever received on any of our visits by simply a gentle pat on Justice Lewis' tummy. This small child taught us more through that simple caring act than textbooks may ever capture. Communication between individuals can occur on different levels and in ways other than words, and this lesson is carried close to our hearts since meeting that young man on a very special day.

In working with the children, we emphasize that our government serves every citizen, and that everyone who desires to participate in our government has the inalienable right to do so. When mock oral argument tours for students are conducted in the Florida Supreme Court, we hope for their understanding of being within an institution and structure of the people.

On one memorable tour, classmates of an elementary student in a wheelchair were sitting in the justices' chairs on the bench and participating in a mock oral argument. Justice Lewis encouraged this young man to serve as a justice in the activity and brought him to the bench so he could also sit in one of the chairs, a simple gesture to help this student feel that the courts belong to him just as much as they belong to everyone else.

Our personal encounters with students have also quelled students' fears about a system that may appear cold, inhuman, and monolithic. After speaking in a Miami middle school, Justice Lewis was approached by a young girl who was in tears as she related that she was not a bad person, but had recently been involved in an encounter with law enforcement and was absolutely terrified about her upcoming court appearance. Justice Lewis quietly answered her questions about our judicial system. By the end of the discussion, she felt more comfortable with her upcoming appearance, and said she believed the courts would treat her fairly. Through this experience, we learned that information conveyed through a personal communication that provides a human side to a previously faceless institution is a powerful tool to combat fear of the unknown and respect for the institutions our citizens must navigate.

Given the chance and the encouragement to learn, any child can become a leader. Never has this conviction been proven to us more soundly than when, for one year, we conducted regular sessions with a class of young Tallahassee students labeled as underachievers. We interacted with these students regularly to provide multiple types of instructional tools to explore the law and our democratic institutions. At the end of the year, visiting dignitaries from Hungary and Romania were stunned as they listened to this class of fourth-graders compare the U.S. Constitution with those of countries with emerging democracies.

When given the chance, these children not only learned, but excelled. Months later we learned that one lesson on the Constitution had really been applied to their school lives from our discussion on the Tinker black armband case, (9) in which students in the 1960s protested the Vietnam War by wearing black armbands to school, resulting in their suspension. The case on symbolic speech was ultimately decided by U.S. Supreme Court, which found that wearing black armbands under the circumstances of the case was not disruptive to the school and thus the school had violated the students' First Amendment rights.

Our students later staged their own silent protest using symbolic speech in the cafeteria to demonstrate against the poor quality of the food. These students had shown the ultimate application of the lesson in their own way.

One visit to a Wakulla Elementary fourth grade class resulted in a detour for Justice Lewis to a kindergarten class. Approached by a young kindergartener in the hall who tugged on his enticing black judicial robe, Justice Lewis agreed to be the young boy's "show and tell" to his kindergarten class that morning. Justice Lewis disappeared into that kindergarten room to the surprise and excitement of young faces, and he proceeded with a short session in understandable terms about the courts and judges. These encounters are about more than education--they are about sharing life and mutual enrichment.

Individuals from the media occasionally appear at the school visits to obtain "sound bites" for their news coverage. However, once they have filmed the "story" of a justice's visit to a local school, more often than not, they stay to participate. Not only do the media learn about the government and judicial system, but members of the public who view the news report will also obtain knowledge and understanding.

We have received many letters from students thanking us for our visits. One fourth grade student from a Tallahassee school told Justice Lewis that "Your magnificent definitions of the Bill of Rights left me stunned! I was fascinated by your amazing use of words. You left me pondering about the country and its inhabitants. I also thought you had an extended vocabulary." Another who visited the court wrote, "You are a wonderful man, thoughtful and kind, as you really, really are. I believe that the government made a good choice of making you a justice. You made my day worth getting up for. I also loved sitting in your chair." A student with a learning disability wrote, "This is how I think of you.... I have a light and it won't turn on but then you come in and it turns on!"

These educational encounters have more a mere fleeting impact on students. Some have gone on to become national champions in history, civics, and government education competitions. Others have made a career choice based in part through a session on our government's structure and function.

After a mock trial session in which the struggles of disabled children were addressed, a young student said she intended to become an attorney to help children with disabilities, as she had experienced such need in her own family. After a session in a Jacksonville school, Justice Lewis signed pocket constitutions for the students, and one student informed us that he would keep this document in his drawer at home until he became a lawyer.

Recently, Justice Lewis noticed that a temporary employee at the Florida Supreme Court had a photo of himself and the justice. As it happened, a number of years ago he had interacted with one of the justice's law-related education sessions at a Leon County high school. This fall, that young man begins law school.

Some students stay in touch with us year after year. Many years ago we met a young man from Miami who participated in a high school legal brief writing program and moot court argument. Roberto Moran traveled to Tallahassee on two occasions to present oral argument before the justices. Mr. Moran has stayed in touch with Justice Lewis through high school, college, and now into law school. Roberto Moran is a stellar example of the potential that each of Florida's students possess to be an effective member of our democratic society.

Justice Teaching Institute

One of the most powerful teaching tools is the Justice Teaching Institute (JTI) held at the Florida Supreme Court annually. Twenty-five middle and high school teachers from all areas of the state are invited to a five-day training session with all of the justices. During JTI, the teachers are exposed to judicial decision-making, the appellate process, technology and the courts, the structure and function of the court system, alternative dispute resolution, and the history of the Supreme Court of Florida. Through an actual case pending before the court, the teachers learn more about Florida's judicial system; they work with the facts, read the briefs, review applicable cases, study relevant constitutional provisions, and prepare their own oral arguments. The five-day seminar culminates with the teachers observing the real oral argument before the Florida Supreme Court.

JTI has received exuberant reviews from the teachers who have attended and graduated from the program. One teacher deemed JTI "the best workshop for teachers I have ever attended." Another said the institute increased their trust and confidence in the courts, while another said it was "without a doubt the most meaningful training ever." One attendee said the program "will change my teaching--and my life."

This past year, the teachers found the experience particularly worthwhile because the case selected for JTI not only had a constitutional issue, but also an issue that required interpretation of the Florida Statutes. Hence, they understood the difficulties judges face when a statute requires interpretation or when two statutes appear to be inconsistent. Through the JTI process, these participants observed first-hand the role of the judiciary to interpret the law, not make the law.

The beauty of JTI is that the attending teachers must agree to take back the information they have learned from the Supreme Court seminar to their local communities and conduct colleague training seminars. Their knowledge is thus dispersed to other educators and their students in many communities.

With each passing year, the JTI's educational outreach extends further across Florida. The JTI model has been presented nationally and worldwide (most recently in Poland) as an effective professional development model addressing the courts and the judiciary.

Conclusion

Our responsibility is to educate the public about the courts and the Constitution, and attorneys and judges bear a special responsibility to help students and adults understand our legal process and the administration of justice. A reciprocal benefit exists as studies demonstrate that persons with more knowledge of the courts are more likely to support the institution and its corresponding powers.

(1) A Nation of Spectators: How Civic Disengagement Weakens America and What We Can Do About It, Final RepoRt, the national Commission on CiviC Renewal, University of Maryland (1998).

(2) Civics Education, American Bar Association, Defending Liberty and Pursuing Justice (July 2005).

(3) Speak to American Value, Justice at Stake, www.justiceatstake.org.

(4) Id.

(5) Civics Education Now Required in Florida's Middle Schools, The Florida Bar, (June 9, 2006), www.floridabar.org/TFB/ TFBPublic.nsf/WNewsReleases.

(6) Liz Halloran, What Supreme Court? Many Americans Lack Basic Supreme Court Knowledge, Usnews.Com (September 29, 2006), available at www. usnews.com/usnews/news/articles/060929/ 29annenbergstudy.htm.

(7) Id.

(8) H.B. 7087, p. 40, lines 1062-1064 (2006).

(9) Tinker v. Des Moines Independent Community School District, 393 U.S. 503 (1969).

Annette Boyd Pitts is the founding executive director of the Florida Law Related Education Association, Inc., and administers a wide range of law and civic education programs for students in grades K-12. Pitts also works with education for democracy efforts in emerging democracies and has worked in Eastern and Central Europe, the Philippines, as well as Latin America as part of the worldwide Civitas International Civic Education Program. She is the recipient of the National Improvements in Justice Award, the ABA Isidore Starr Award, and The Florida Bar President's Award. Pitts is vice chair of the Bar's Law Related Education Committee.