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Bar News - May 21, 2004 Lawyers, Judges Energized by Students By: Anita S. Becker
LACONIA FOURTH- AND fifth -graders from the Pleasant Street School listened intently as attorneys David H. Bownes, with a law practice in that city, and Gerry O’Neil, of Normandin, Cheney & O’Neil, also of Laconia, taught them about the Constitution, the rule of law, and the court system. The lawyers were two of the many lawyers and judges participating in the NHBA’s A Lawyer and Judge in Every School (ALIES) program on Law Day, May 7. Bownes translated lofty concepts into scenarios to which the children could easily relate. "Life at home or in school is a lot like life in the legal world," he explained, equating the rules of law to the rules of mom and dad or the teacher and school principal. Later in the session, with coaching from O’Neil, the students acted out a mini-mock trial for the case of the fictitious James Phillips v. Radio Shop. The students played the parts of lawyers, judges, witnesses, Radio Shop representatives, and Phillips, a man with a small-claims dispute against an electronics store. Every year, the Bar’s Law-Related Education (LRE) Program matches volunteer attorneys with participating schools. Fourth-grade teacher Pam Clark has requested the legal lesson for Pleasant Street School each Law Day for the past decade. "I teach New Hampshire history and government and feel it is important for the students to listen to professionals and have this kind of hands-on learning." Law Day activities also included a special session of Supreme Court at Keene State College. About 450 high school, college, and home school students attended the May 6 proceedings as part of the court’s "On the Road" public outreach program. The justices heard oral arguments in two actual cases now pending before the Supreme Court—one civil and one criminal. After each argument, the justices left the stage for a brief conference on the case while the attorneys answered questions from the audience about the pending cases. After the conclusion of the oral arguments, the justices returned to the stage and fielded general questions about the Supreme Court and their work and lives. Student questions widely ranged from Miranda rights, double jeopardy, and disclaimers to the hardest part of an attorney’s job, the justices’ salaries, and what the judges do in their spare time. To the latter, Hon. Linda Dalianis jokingly answered, "What spare time?" A ConVal High School student asked Richard Foley, counsel for Troy Zwicker, if the attorney ever worried about defending a guilty client. "It’s not my job to judge guilt or innocence," Foley responded. "My job is to guard the Constitution and your rights. It does not benefit society to allow the state to break the rules under the guise of enforcing them." Prior to each session, volunteer lawyers from the participating communities visit each of the more than a dozen invited schools in advance to discuss with students the legal issues involved and the appellate process. Among the volunteers was state Attorney General Peter W. Heed, who also helped facilitate the question -and- answer sessions with the lawyers and justices during the session. Other participants included: NHBA President Russell F. Hilliard; Christopher F. Wells; Michael P. Bentley; Janice Peterson; Mark Fernald; William Cleary; Beth Fernald; Ted Parent; Margaret-Ann Moran; District Court Judge L. Phillips Runyon III; and Probate Court Judge Albert H. Weeks. Chief Justice Robert J. Lynn of the Superior Court moderated the session. Cases heard by the court were State of New Hampshire v. Troy W. Zwicker, No. 2003-0082, which involves search and seizure questions and speedy trial issues in connection with felony drug convictions. The question presented on appeal in the second case, Alaina Sweeney v. Ragged Mountain Ski Area, Inc., No. 2003-0719, is whether a New Hampshire immunity law that protects ski areas from lawsuits for injuries suffered by skiers using the ski area also protects them from lawsuits brought by snow tubers. The Supreme Court launched its "On the Road" program in May 2002. The "road" sessions are the only occasions when the court convenes outside its Concord courthouse. To participate in next year’s ALIES program, contact LRE coordinator Valenda Morrissette at vmorrissette@nhbar.org or (603) 224-6942. An honor roll of lawyers participating in this year’s ALIES program will be published in the next edition of Bar News. If you did not coordinate your participation through NHBA, e-mail your name and county and, write ALIES in the subject line and send it to Managing Editor Anita Becker at abecker@nhbar.org prior to May 24 to have your name included in this listing.
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