A high degree of intelligence, patriotism, integrity and morality on the part of every voter in a government by the people being necessary in order to insure the continuance of that
government and the prosperity and happiness of the people, the legislative assembly shall make provision for the establishment and maintenance of a system of public schools . . . .
Section 147, Constitution of North Dakota
The foregoing language from the constitution of North Dakota reflects a long and deeply-held American value: the notion that education for citizenship is a necessary and critical
obligation of democratic government Ð necessary to its survival and critical to its success. The theoretical origins of all public education in the United States derive from this
fundamental idea that the basis of our polity is a literate, informed, politically functional electorate. The constitutions of all fifty states contain some sort of guarantee of the right
to a free public education provided by state government. See e.g. Allen W. Hubsch, Education and Self-Government: The Right to Education Under State Constitutional Law, 18 J.L. & Educ. 93 (1989).
There is reason to believe that public education has to some extent lost sight of this most central of its purposes, understandably so in the critical struggle to ensure the development of
the "basic" skills required for literacy, communication, math, and science. Recent research demonstrates that few Americans have even a rudimentary grasp of constitutional
principles dealing with individual rights and the operation of federal, state and local governments. For example, a random survey conducted by the National Constitutional Center showed
that Americans are amazingly uninformed about the Constitution. Although nearly 90% of those surveyed said that the Constitution was "important" to them and that they were
"proud" of it, over 80% admitted that they knew only "some" or "very little" about the Constitution or its contents. See National Constitution Center, Telephone Survey of 1,000 U.S. Citizens Nationwide (visited June 15, 2000) http://www.constitutioncenter.org/sections/news/8b4asp). In fact, only 6% could name the four rights protected by the First Amendment and 24% could not name even one. See id. Over 60% could not name all three branches of the federal government and less than 50% knew the number of senators in Congress. See id.
Four out of five surveyed did not know the number of amendments to the Constitution and one out of every six believed that the Constitution established America as a "Christian"
nation. Id.
Although such lack of familiarity with the Constitution and federal government (presumably matched by ignorance of state and local government) is alarming, even more disturbing is the
research that shows that many Americans have lost trust and confidence in politics, the civil and criminal justice system, and the rule of law itself. See "Arizona State Court Citizens' Survey: The Public Prospective" (1997); "Public Awareness of the Courts in Iowa" (1996); "Doing Utah Justice" (1991). For example, in 1999 a group compiled research from Utah and nine other states regarding the public's understanding, confidence, and perception of their local court system. See "Report of the Special Task Force on Court/Community Outreach," February 9, 1999. The research concluded: "most often less than half the public has a generally positive opinion of its local court system" and "15 to 25 percent have a generally negative overall opinion of their court system." Id. at 5. Specifically in Utah, the research showed that 70% of Utahns believe the court system needed "some reform." Id. at 58.
Fueled by such reports of distrust of and unfamiliarity with government, there is a growing perception that many Americans are ill-equipped by our public education system to solve problems
without violence, to undertake civic responsibility and cooperation, and to make reasoned judgments about public policy. Some have suggested that public education actually compounds the
problem by teaching courses on civics and government that convey an unrealistic view of American democracy. See Ryan Blaine Bennett, Safeguards of the Republic: the
Responsibility of the American Lawyer to Preserve the Republic Through Law-Related Education, 4 ND J.L. Ethics & Pub Pol'y 651, 665-66 (2000). Inadequately designed courses and
out-dated materials can foster misunderstanding, cynicism, and skepticism about government, because students perceive dissonance between that which they are taught in the classroom and
what they see on television, on the street, and in the real world. See id.
These and related concerns have been addressed in diverse ways by numerous public institutions and private citizens in Utah - most notably by educators, lawyers, judges and tireless
volunteers devoted to the principle that "law-related education" must be supported and encouraged in our schools and our communities. Law-related education is a national
movement aimed at improving the "citizenship skills and attitudes of American youngsters by providing them with an understanding of law, the legal process and the legal system."
American Bar Association, Special Committee on Youth Education for Citizenship, Law-Related Education in America: Guidelines for the Future, 1437. The number and scope of such law-related
educational projects and materials currently or historically available in our state (and nationally) is extraordinary. These programs and materials have been developed and implemented by
the Utah Law-Related Education Project,1 numerous individual school district administrators and teachers, a number of lawyers' groups at the state and local level, and representatives of
the judicial branch, especially judges and staff in the juvenile courts. Recent examples include: (1) a statewide Mock Trial Program where more than 1,200 junior and senior high school
students on 85 mock trial teams try a sample criminal case about child abuse or other topics important to students; (2) a Salt Lake Peer Court, composed entirely of young people, which
holds young offenders accountable through dispositions that may include community service, truancy classes, or conflict resolution workshops; (3) a program in which students at local law
schools teach courses in Salt Lake and Utah county high schools on individual rights, criminal justice, law in everyday life, and other topics; (4) a mentor program involving attorneys
from Ogden to Provo who describe and discuss law-related concepts such as conflict resolution and mediation with elementary, junior, and high school age students; and (5) a Truancy Court
project involving the juvenile court and a number of school districts.
The people who have sustained these efforts are remarkable for their energy and dedication, and the students who have had experience with them are fortunate. What has become increasingly
apparent, however, is that efforts like these continue to be fragmented, dependent on random opportunity, and available to only a few of our children. Moreover, it remains the case that
there is no systematic, coherent program for ensuring that every child educated in Utah's public schools acquires the knowledge and skills necessary to function effectively as a citizen
and a voter. The Utah Law-Related Education Project points out that such programs must include a blend of content and strategy, enabling students to learn substantive information about
law, the legal system, and their rights and responsibilities in ways that promote cooperation, critical thinking, and positive interaction between young people and adults. Law-related
education promotes legal literacy, emphasizing civil, criminal and constitutional themes. It offers practical information about how the law affects lives, and it explains concepts
underlying our system of constitutional democracy like federalism and separation of powers. It does not deal with "frills" in the educational sense Ð it targets the core of what
we educate our children for, namely, participation in the American way of life. There is certainly no argument that it should replace or supercede basic reading, writing and math
skills, but there is a strong argument that it should be co-equal in its centrality to the educational process.
Given the fact that this kind of law-related education is at the heart of the original purpose of public education Ð in fact, one of its raisons d'etre - a conversation has begun about ways to bring together the myriad resources already available in Utah in a comprehensive, coordinated way. The goal, as it is currently envisioned, would be integration of appropriate law-related curriculum and materials throughout elementary and secondary education in every school district in Utah.
During the past year, an informal "consortium" has come together to consider ways in which members of the justice system might support public education in Utah. Participants are:
(1) the Utah judicial branch, with the support of its governing body, the Judicial Council, the Administrative Office of the Courts, and the courts' Outreach Committee; (2) the Utah State
Bar through its lawyer volunteer programs and its staff; and (3) the Utah Law-Related Education Project, with its years of experience and extensive programs and materials. The consortium
has identified "Education for Justice" as its purpose and has defined it as education about: (1) the U.S. constitutional system of government (federalism, allocation of
government power, separation of powers); (2) the rule of law in a free society (constitutional rights, due process and equal protection); (3) citizenship competency skills (informed
participation in the democratic process, communication and problem-solving, dispute resolution and violence prevention, and cultural competency Ð the capacity to deal with difference in a
pluralistic society); and (4) the American legal system (legislative and administrative lawmaking, state and federal courts, the adversary system of justice, juvenile proceedings, and
judicial administration).
On June 1, 2001, I had the opportunity on behalf of the Education for Justice Project to propose to the Utah State Board of Education an informal partnership between the consortium and the
Department of Education. We represented to the Board that our consortium can provide multi-level support for the design and delivery of education for justice in the elementary and
secondary schools of the state. Specifically, we offered: (1) the subject-matter expertise of our lawyers, judges, and staff for curriculum development, lesson planning, and teacher
training; (2) the many resources we are aware of and have already developed, such as project materials, videos, grant monies, existing programs like mock trials, and our information about
national law-related education programming; and (3) our volunteers (attorneys, judges, court staff, State Bar staff) to give assistance in the courthouse and the classroom to the teachers
whose primary responsibility it will be to make the learning happen.
The members of the Board of Education responded to our ideas with enthusiasm and passed a motion reflecting that the Board "considers this a valuable priority in terms of its mission
for public education, and that the Board is supportive of a collaborative effort with the Consortium in the future." Minutes of the meeting of the State Board of Education and State
Board for Applied Technology Education (June 1, 2001). The Director of the Utah Law-Related Education Project, Kathy Dryer, has been asked to consult with the Social Studies advisory
committee currently undertaking a major revision of the Core Curriculum for grades 6-12, and we are collaborating with the curriculum director for the Jordan School District on pilot
programming for middle school teachers and students in that district. Our vision is of a future where every Utah child, not just the fortunate few, has developmentally appropriate
experiences with law-related education each year from kindergarten through graduation, where every school in the state has a working partnership with its community's courts, judges and
staff, and where every teacher has the support he or she needs to help prepare our children for their roles as citizens and defenders of the rule of law in a constitutional democracy.
At the Annual Judicial Conference in September of this year, Utah's judges were asked to consider specific ways in which they could increase their efforts to educate the public about the
justice system and the courts. Likewise, Utah's lawyers were encouraged at their annual convention in July to increase their commitment to public service and pro bono work. The Education
for Justice Project should provide us in the legal profession with an unparalleled opportunity to serve our communities today, and to contribute to the preservation of the rule of law in
the future.
1.
The Utah Law-Related Education Project was established as a pilot program in the Salt Lake City schools in 1974 by Scott M. and Norma Matheson and J. Thomas and Kay Green. It has been housed in the Utah State Bar's Law and Justice Center since 1989, and is partially supported by the Utah Bar Foundation. Its current programs include a Mock Trial program, mentor programs and a Mentor Handbook used by volunteer attorneys working in the schools, law school seminars where law students are trained to teach high school students about practical legal concepts, a Court Tour program, the Salt Lake Peer Court Project, and a Youth-at-Risk project in collaboration with youth services agencies in Salt Lake County and elsewhere.
|
