ReporterSUPREME COURT OF OHIO | THE ATTORNEY GENERAL OF OHIOOHIO STATE BAR ASSOCIATION | ACLU OF OHIO FOUNDATIONSPONSORS

As OCLRE prepares for each new edition of The Reporter, many ideas and suggestions for content are discussed. One question looms, and is universal for publishers of periodic news: what will be relevant and timely when this installment hits? We live in a world of instant-access, sound bites and short attention spans. But, I wonder… isn’t what is important always timely?

Several months ago, I traveled to Birmingham, Alabama, to attend a wedding. As most tourists do, I wanted to explore and experience as much of the city as possible while there. Though certainly aware of Birmingham’s place in history, I wanted to know more – to understand more. Map in hand, walking shoes on, I set out toward Kelly Ingram Park, Sixteenth Street Baptist Church and the Birmingham Civil Rights Institute.

Birmingham was once dubbed the “Magic City” because of its tremendous growth during the height of the nation’s Industrial Age. However, Birmingham is often associated with a darker and more tumultuous time in history that awakened a sense of empathy and urgency in the American people.

During the 1950s and 1960s, Birmingham was known by another name - “Bombingham” - due to a series of bombs that were set with the intention to intimidate and interfere with Alabama’s desegregation efforts. At that time, Birmingham was one of the most segregated cities in the U.S., and ultimately became the epicenter for the struggle for civil rights. In the spring of 1963, hundreds of Birmingham school students participated in the Children’s Crusade, a non-violent, organized march through downtown to protest segregation. The response was less than peaceful; hundreds of children were arrested and, when the protests continued, Public Safety Commissioner Eugene “Bull” Connor ordered police to spray fire hoses and unleash police dogs on children.

This dark moment in history confronts visitors to Kelly Ingram Park, an otherwise beautiful green space in downtown Birmingham, which was the site of many civil rights protests. As I walked from the 17th Street entrance of the park toward 16th Street, I stopped first to see the bronze sculpture of a

police officer with snarling dog, confronting a young boy. I couldn’t help but notice that the boy-statue was about the size of my eight year old son.

Walking west through the park, toward the 16th Street Baptist Church, I passed other bronze and steel reminders of the movement, all testaments to sad and not so distant history, and to the capabilities and resiliency of children. However, what struck me most was the “Four Spirits” by sculptor Elizabeth

Birmingham and Back Again: Continuing the Conversation and Struggle for Civil Rights

Issue 1Winter 2015

IN THIS ISSUE

Controversial Issues in the Classroom .................. 4

OCLRE Welcomes Two Members to its Board of Trustees .............................................. 6

InspirED .......................................................................... 8

Historic Firsts, Old and New, in the Courts ......... 9

By Kate Strickland, Deputy Director

“Injustice anywhere is a threat to justice everywhere.”

—The Rev. Dr. Martin Luther King, Jr., Letter from Birmingham Jail, April 16, 1963

MacQueen. Addie Mae. Carole. Cynthia. Denise. Four innocent young girls, dressed in in their Sunday best. Unbeknownst to them on September 15, 1963, these children would lose their lives to unspeakable violence as they gathered in the church basement, preparing for the morning service.

The Four Spirits memorializes the victims of hate crimes that fateful day in the fall of 1963. The girls died in the bombing of the 16th Street Baptist Church, a crime later determined to be orchestrated by members of the Ku Klux Klan. Two young boys – Virgil Ware and Johnny Robinson – also died that day. The boys died in separate incidents, in separate parts of the city. Virgil was riding on the handlebars of his brother’s bike when a group of white teenagers shot him from a moving car. Johnny was shot in the back by a Birmingham police officer, essentially, for being in the wrong place at the wrong time. I again thought of my own young children, and then about the parents whose lives were forever and devastatingly changed that day.

The Birmingham Civil Rights Institute anchors Ingram Park and the 16th Street Baptist Church. It is the commemorative hub of the Civil Rights Movement. From Jim Crow-era South to the march from Selma to Montgomery, the Institute includes artifacts and information that guide visitors on an emotional journey of the events that ultimately led to the Civil Rights Act of 1964. It is difficult to do the experience justice in written form, and no photography is allowed, but it is a field trip I would strongly encourage anyone to take. During my visit to BCRI I felt sadness; I felt shame; I felt anger; and I felt inspired to do…something.

Recent events have led us to feel similar emotions and have similar discussions around the dinner table and, hopefully, in the classroom. Whatever one’s perspective on or knowledge about a particular issue, it is essential that we take time to listen, discuss, and reflect. And, when possible, to revisit and re-learn. I had that opportunity on my trip to Birmingham.

On the long, quiet walk from BCRI back to my hotel, I passed a downtown building on which a mural was painted (see photo, right). As I read the words, I felt a renewed sense of hope. Composed by Birmingham attorney Jim Rotch in 1998, the Birmingham Pledge is a call for all citizens to eliminate racial prejudice from thoughts and actions, and to treat each and

every person with dignity and respect. May we all – young and old, regardless of color or status – move forward armed with lessons from history, empathy, dignity, and a willingness to listen, discuss, and forgive.

The following resources may be useful to teachers:

Teaching Tolerance: www.tolerance.org

The March Continues guide: http://www.tolerance.org/TTM-essential-practices

Lesson plan on the Birmingham Pledge: http://www.tolerance.org/lesson/birmingham-pledge

Facing History & Ourselves: https://www.facinghistory.org/for-educators/educator-resources

Selma: The Bridge to the Ballot: http://www.tolerance.org/selma-bridge-to-ballot

Youth involvement in conversations about social justice is imperative. Two OCLRE programs offer opportunity for empowerment and positive change: Youth for Justice and Project Citizen. Learn more at www.oclre.org.

Registration and related forms are hosted on the program-specific pages at www.oclre.org. As such, paper forms are no longer provided. Submitting forms online creates a digital trail and provides backup for customers, as well as for OCLRE. It also enables us to search for forms in a much more efficient manner. Additionally, it’s one way to conserve resources and be environmentally conscious.

OCLRE strives to be responsible with your data, as with all resources. No data is ever shared with third parties. Personal information, including any payment method, is secured via SSL Technology.

Questions or concerns may be directed to Cathy Godfrey: cgodfrey@oclre.org.

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OCLRE has gone digital!

Engraved in the Four Spirits monument are the words “A Love That Forgives.” Ironically, that was the sermon for the day on Sunday, September 15, 1963 at the 16th Street Baptist Church.

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OCLRE has gone digital!

Fascinating Field Trip: Attorney General’s Office Bureau of Criminal Investigation (BCI)

For better or worse, students’ understanding of the law and criminal justice system often starts with what they see on TV. Shows like Law & Order and CSI scrape the surface of intrigue and investigation, and crimes are solved in under an hour. But what about real-life?

The state’s official crime lab – Bureau of Criminal Investigation (BCI) – provides expert criminal investigative services to local, state, and federal law enforcement agencies upon request. BCI has offices throughout the state. But did you know that you can arrange a tour of the facility? During a visit to the BCI facility, students will learn firsthand how crime scenes are investigated and how scientists and forensic specialists use cutting-edge technology to process evidence to bring criminals to justice. Students will also learn how criminal intelligence analysts and identification specialists help local law enforcement solve cases.

To arrange a tour of the facility, please e-mail

BCI@OhioAttorneyGeneral.gov or call 740-845-2100.

Nominations Open: 2015 Civics & Law Honor Roll

Van Wert High School teacher Bob Priest awards then-student, Caleb Markward, with the 2013 Civics & Law Honor Roll certificate

OCLRE will once again accept nominations for the Civics & Law Honor Roll, which recognizes secondary school students (grades 9-12) from throughout the United States who have demonstrated a commitment to civic learning and engagement. Created by the American Bar Association Commission on Civic Education in the Nation’s Schools, its purpose is to create enthusiasm for and reward academic and community volunteer achievements in civic education and engagement. As a sponsoring organization, OCLRE may recognize Ohio students for the Civics & Law Honor Roll in accordance with selection criteria recommended by the American Bar Association.

The nomination deadline is April 22, and honorees will be announced on Law Day, May 1. To learn more about the criteria and to nominate a student(s), visit http://www.oclre.org/civics-law-honor-roll.

Shop. Support. Smile.Shop for a cause, shop for OCLRE! AmazonSmile allows you to shop for your favorite Amazon products at the same prices, all while helping to support your favorite organization. Whenever you shop via this site, Amazon will donate 0.5% of your eligible AmazonSmile purchases to OCLRE. Good deal, good deed.

And… don’t forget, you can also support OCLRE through the Kroger Community Rewards program. When you shop at Kroger and use your Kroger Plus Card, you can do more than pick up the milk and bread… you can support your favorite programs like Mock Trial, Youth for Justice, We the People and Moot Court. Through the Kroger Community Rewards Program, organizations like OCLRE benefit every time our valued members shop with their Kroger Plus Cards. Follow these simple steps to register online to support OCLRE programs:

1. Visit www.krogercommunityrewards.com – select Ohio2. Click “Enroll” for the 2014-2015 Community Rewards

Program*3. Sign-in or create an account (secure site; asks primarily for

e-mail and contact information to link to your Kroger Plus card)

4. Enter OCLRE’s organization number in the appropriate field: 80384

*Re-enrollment period begins May 1; cardholders must re-enroll each year to benefit organization of choice. Thank you – and happy shopping!

By Ryan Suskey, Director of Professional Development & Programs

As informed citizens in our modern democracy, we

are often confronted with a myriad of issues that may make us energized, uncomfortable, upset, or even angry. This past year such topics have included the national debate surrounding same-sex marriage, civilian-police interactions, and our President’s use of executive actions. And yet, discussion of these same issues is often absent from our classrooms.

While we may openly discuss these topics with our peers, friends or neighbors, many teachers simultaneously dread the moment when a student asks us what we think about the Ferguson decision, or how we feel about same-sex marriage.

This is not meant to be an indictment of cowardice, but rather a reflection of the realities in which we operate as teachers. Districts and school buildings often have policies that limit teaching certain issues; parents may routinely object to what can be perceived as indoctrination; and, teachers rightfully fear backlash for voicing their opinions in the classroom. How then should we proceed?

If we believe our job is to help prepare informed and engaged citizens, the answer cannot be to avoid controversy, but instead should be to foster discussion of controversial topics in a manner that promotes learning and engagement. In 2011, the Campaign for the Civic Mission of Schools cited “Discussion of Current Events and Controversial Issues” as one of its “Six Proven Practices in Civic Learning.1” Discussing issues important to the students leads to “a greater interest in civic life and politics as well as improved critical thinking and communication skills.”

If you’re ready to “take the plunge” and bring this important civic practice into your lessons, it is important to approach the activity with the proper

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technique and planning to ensure success. The following tips can help you feel more confident in your ability to guide students through a discussion of controversy, and help to ensure that students meet learning objectives along the way.

1) Choose an established model or technique to begin discussion

Especially in your first attempt, rely on experts for the format. You still have a lot of flexibility and freedom to choose the topic, but selecting a tested formula in the classroom removes as many of the variables as possible. As you become more comfortable, feel free to deviate from the model. This is meant to be a starting point, not a finish line. Some common models include:

- The Socratic Seminar (created by Mortimer J. Adler)

- The Public Issues Model (created by the Harvard Social Studies Project)

- The Civil Conversation Model (created by the Constitutional Rights Foundation)

- Philosophical Chairs (created by Professor Zahary Seech)

2) Identify a clear purpose for the discussion

Although we know as teachers that student benefits often go far beyond the benchmark of “meeting standards,” it is important to define the intended benefit at the outset. As the moderator of the discussion, this helps you to build a framework for the type of questions you will ask and the comments you will redirect. Additionally, it helps in planning the process and anticipating potential student misunderstandings. Lastly, establishing a clear purpose helps you to steer the conversation away from unintended tension.

3) Provide a common basis of understanding

Prior to engaging in the conversation, it is essential that all students have access to a minimum threshold of understanding. When the topic of conversation becomes sensitive, it is even more critical that we ensure

TEACHABLE MOMENT

Controversial Issues in the Classroomeveryone is literally speaking the same language. This means students are informed of the proper terms to use in the discussion, all students know basic fundamental facts (ensuring they are not bringing in a garbled mix of fact and fiction), and all students regardless of personal life experience will have something to say or react to in the discussion. The common basis can be provided in several ways, but is most often a lesson specifically taught on the subject or a text (defined very broadly to include films, photographs, music, etc.). Most teachers use this lesson or assignment as a required “ticket” to enter the discussion.

4) Establish clear ground rules

Both teachers and students should engage in a discussion about the discussion before beginning the process. This means the teacher and students collectively create ground rules that will govern the conversations. In my classroom, one of our most important ground rules was that all student statements had to begin with one of two phrases, either “I respectfully disagree with (my colleague/the author/etc.) because…” or “I respectfully agree and would like to add.” Requiring that students always begin with “respect” was a reminder of the kind of atmosphere we wanted to create. Similar ground rules include no interrupting, not monopolizing the conversation, and always providing evidence for a statement (even if the evidence is someone’s opinion).

5) Serve as an active facilitator, not participant

The teacher’s role is to help guide students to a productive conclusion (though not one that you have pre-determined) and to be a guardian of students’ feelings. This means that you are actively moderating the discussion by making an effort to balance the extent to which all students can participate, watching for violations of the rules, and assisting students when they get stuck. An important part of this role is to effectively play “referee” when things get heated. A simple way to do this is to institute a “yellow card / red card” practice. When a student is

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Helping Young Students Discuss Difficult Topics

heading toward a rule infraction, flash a “yellow card.” The student then sits out of the discussion for a set period of time. This allows the student a chance to cool off and reflect upon the ground rules. When the time is up, s/he can re-enter. If there is ever a serious infraction of the rules, the “red card” comes into play. Should this happen, the discussion immediately stops and the rule infraction is discussed. Depending upon the severity of the infraction, this could be done as a silent written reflection.

6) Remain neutral for as long as possible

Although it may be tempting to dive into the discussion and raise points or counterpoints, the teacher’s role is to be a neutral facilitator. While we may have interesting things to say about a topic, it is essential that we acknowledge the damage that voicing our opinions on a sensitive subject can do. Right or wrong, students perceive teachers as the arbiters of correctness. No matter how many times we tell students their opinions won’t be graded, if the teacher voices an opinion, students may instantly perceive this as the “correct” answer. Teachers voicing opinions in controversial issues discussions can create a polarizing effect that may not be reparable.

While these are by no means the only tips to follow, I hope they will provide a good basis to guide your classroom discussions. With these tips in mind, I hope that you will feel empowered to integrate the practice in your classroom. If you would like more information on engaging in controversial issues discussions, read Professor Diana R. Hess’s Controversy in the Classroom: The Democratic Power of Discussion, published by Routledge.

Endnotes: 1 For the full report, see Guardian of Democracy: The Civic Mission of Schools, available at http://www.civicmissionofschools.org/the-campaign/guardian-of-democracy-report.

We live in a world that delivers the news to us with lightning-fast speed. Anything and everything you could ever want to know is a click away. Elementary students live in that world too, and are exposed to the happenings of the day, good and bad. So what can elementary teachers do to answer inevitable questions or address a controversial issue in the classroom? You can help students become decision-makers. William Kreidler’s “Teaching Elementary Children” offers seven ways to assist young students in this process. Kreidler suggests the following strategies:

1) Make classrooms a safe place to ask questions and discuss ideas by modeling respect for others.

2) Listen to concerns students have by giving them the opportunity to express their point of view.

3) Correct misinformation about a fact stated, not a position held.

4) Reassure students by listening to their concerns.

5) Help students find answers to their questions by providing balanced, age-appropriate materials and lessons.

6) Try not to instill adult fears or burden students with adult concerns.

7) Emphasize that conflicts are opportunities for learning and growth.

Susan Jones, an educator in Boston, has also developed strategies for teaching controversial topics in the classroom. For more on her 10-point model visit: http://www.morningsidecenter.org/teachable-moment/lessons/10-point-model-teaching-controversial-issues

By Allison Smith, OCLRE Administrative Assistant

*Allison holds a Bachelor of Arts Degree in Elementary Education from Arizona State University and is certified to teach K-8.

Save the Dates! OCLRE Professional Development • March 18 – Moot Court Professional Development: High school teachers will learn

more about the program that engages students in learning about the appellate process while honing critical thinking, writing and speaking skills.

• March 20 – Youth for Justice/Project Citizen Professional Development: Those who work with middle and high school students will learn about two programs that allow students to solve community problems related to injustice and intolerance. Whether through awareness or public policy, youth can make a difference.

The Ohio Center for Law-Related Education is pleased to announce that Jonathan Hollingsworth and Steve Dauterman have been elected to the Board of Trustees.

Jonathan Hollingsworth

Jonathan Hollingsworth is principal in the Dayton firm of J. Hollingsworth & Associates, LLC where he practices in the areas of general litigation, employment, corporate and business, insurance defense, medical malpractice, personal injury and legal disciplinary matters.

Mr. Hollingsworth is Past President of both the Ohio State Bar Association and the Dayton Bar Association. He also served on the OSBA Board of Governors and chaired the Board’s Membership, Public & Media Relations and Publications Committees and was a member of the OSBA’s Audit Committee and the Advisory Council on Diversity Initiatives. Mr. Hollingsworth currently chairs the OSBA’s William K. Weisenberg Fund for Civics Education Task Force, the William K. Weisenberg Fund for Civics Education Committee, and the Skills-Based CLE Advisory Committee. He is a fellow and former trustee of the Ohio State Bar Foundation; past chair of the Board of Commissioners on Grievances and Discipline for the Supreme Court of Ohio; and served on the Supreme Court of Ohio Task Force on the Code of Judicial Conduct and the Task Force on Rules of Professional Conduct.

In addition to his service to state and local bar associations and the legal profession, Mr. Hollingsworth has served the greater Dayton community as a board member and Chair/President

of the Dayton Montgomery County Port Authority, Montgomery County Transportation Improvement District, Dayton Urban League, and Family Service Association of Dayton. Other past community involvement includes serving on the board of the Greater Dayton Volunteer Lawyers Project, Big Brother/Big Sisters of Dayton, Greater Dayton Public Television, and the Dayton Bar Foundation.

Mr. Hollingsworth is a 1980 graduate of Harvard University and earned his Juris Doctor degree from the University of Michigan Law School in 1983.

“Research has shown the decline of civics education in elementary and secondary schools in an effort to focus more on preparing students for college in the areas of science, technology, engineering and math. However, depriving our future generations of civics education will only lessen their understanding of public issues, deprive them of seeing political engagement as a means of addressing communal challenges, and keep them from participating in civic activities. I have joined the OCLRE Board of Trustees in the hopes that my involvement with this organization will assist in changing the course of civics education from being overlooked as unimportant to once again becoming an important part of the education system.”

Steve Dauterman

Steve Dauterman is a Vice President and Regional Fiduciary Executive for the Investment Advisors Division of the Fifth Third Bank, Cincinnati, Ohio. In this capacity, Mr. Dauterman is responsible for maintaining fiduciary standards for the settlement of decedent’s estates

throughout the Bancorp and for the administration of trusts in the Bank’s centralized Private Client Services group. From 1979 until 2013, Mr. Dauterman served as an officer in the Bank’s estate settlement group in Cincinnati and for twenty years managed that group.

A native of Findlay, Ohio and a graduate of Findlay High School, Mr. Dauterman received a Bachelor of Arts from Muskingum University and his Juris Doctor from The Ohio State University Michael E. Moritz College of Law. Professional memberships include the Ohio State Bar Association (Section Council, Estate Planning, Trust and Probate Law Section), the Cincinnati Bar Association, and the Cincinnati Estate Planning Council (President 2009-2010). He is an OSBA Board Certified Specialist in Estate Planning, Trust and Probate Law. Mr. Dauterman has served as a presenter to local and state bar associations on various topics related to trusts and estate planning and administration and has been active as a judge for Ohio Moot Court and for Ohio Mock Trial at the local, regional and state levels.

Mr. Dauterman has served Hyde Park Community United Methodist Church as Chair of the Endowment Investment Committee and as a member of the church’s governing Servant Leadership Board. For 33 years, he has been a member of Cincinnati’s May Festival Chorus, official chorus of the Cincinnati Symphony Orchestra.

“I am passionate about the need for civics education in the state of Ohio, and I have found the OCLRE to be an ideal proponent of that cause. As an Ohio Mock Trial and Ohio Moot Court judge, I have enjoyed the interaction with student participants, advisors, fellow judges and OCLRE staff. I was excited to be offered the opportunity to serve on the OCLRE Board and to help promote all of the Center’s programs.”

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OCLRE Welcomes Two Members to its Board of Trustees

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Law & Leadership Institute Now Recruiting 8th Graders for Summer 2015What is LLI?LLI is a state-wide initiative in collaboration with Ohio’s nine law schools that inspires and prepares high school students for post-secondary and professional success through legally-based curricula and leadership training. In the first summer, students learn about criminal law, take field trips, meet attorneys and judges, and compete in a mock trial. Throughout the remaining four years, in addition to academic skill building, students gain SAT/ACT preparation and complete internships within local law offices.

Who is Eligible for LLI? Current 8th Grade Students

When Does it Start? The Summer Institute runs from June 29-July 31 from 9 a.m. - 4 p.m. The Academic Year program begins September 2015.

Where is it Held? In Ohio’s six largest cities: • University of Akron School of Law• Capital University Law School (Columbus)• University of Cincinnati College of Law• Cleveland State University’s Cleveland-Marshall College of Law• University of Dayton School of Law• University of Toledo College of Law

What does it cost? The program, lunch and transportation are FREE. Additionally, students can earn a stipend upon successful completion of the program.

Click here to view the 2015 application.LLI is now traveling the state to provide in-person presentations for students and staff. To request a presentation by an LLI representative, call (614) 485-3503 or email rwilson@lawandleadership.org.

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By Harvey Lewis, American Government teacher, Cincinnati School for Creative & Performing Arts

How do we ignite student interest and flame a deeper quest to comprehend, participate, and evaluate the American legal system? This fall brought more questions than most about due process for my American Government class at the School for Creative & Performing Arts (SCPA)* in Cincinnati. Students from multiple perspectives followed the outcome of the Grand Juries in Ferguson and Long Island. Students debated the use of force by the police, the authority allotted by law and wanted to understand the legal process. As educators we strive to go beyond the textbook and fortunately this fall we had the opportunity of having multiple guest speakers culminating in a session with Chief Justice of the Supreme Court of Ohio, Maureen O’Connor.

While the Chief cannot visit every classroom in Ohio, American Government teachers would benefit greatly by planning to include legal experts in their curriculum. In the fall of 2013, I attended the OCLRE Ohio Government in Action (OGIA) professional development program for two days, where I enhanced my own understanding of state government. We visited the Ohio General Assembly to witness lawmakers debating and voting on laws, toured the Governor’s mansion, and observed oral arguments for a case before the Supreme Court of Ohio. It was great to bring the process to life and it made Ohio government all the more relevant to my life. I wanted to return to Cincinnati and invigorate my students with the same experiential learning.

As part of the OGIA experience, we had lunch with Supreme Court of Ohio justices. I met Pierce Reed, Senior Judicial Attorney to Chief Justice O’Connor. I remember casually throwing out an invitation to visit our school in Cincinnati and speak to my juniors and seniors in American Government. I fully expected, given busy schedules, it was a shot in the dark, but I was thrilled when I learned they would visit the school. In fact, Pierce offered to drive down for a full day prior to the Chief’s visit to cover legal precedents.

Prior to the visit, I invited a defense attorney to come to the class and cover Ohio Content Standards related to the Fourth, Fifth and Sixth Amendments of the U.S. Constitution. We did a simulation involving a traffic stop where four students played

roles. The rest of the class acted as attorneys and could pause the action if a right was violated. Next we scheduled three police officers to speak to each class about their personal experiences with the Fourth, Fifth and Sixth Amendments. Many of our school security staff members are former police officers, so it was easy to organize. It was the first time I had officers speak in my classroom in nearly ten years, but it was very impactful and I plan to have them speak every year. Students were able to contrast what was said from the perspective of the defense attorney and ask questions of how they dealt with various situations. In a period that has been unsettling for many of our students, it was also important to have a positive experience with the officers.

Next, we had Pierce Reed visit each class. His experiences were insightful. He discussed precedents and connected to cases that would interest students. He shared the case involving eminent domain with the nearby city of Norwood. He talked about Ohio’s process for capital punishment. He focused on his own pathway to becoming an attorney from starting as a social worker and about just getting involved. Students were engaged in the discussion, and afterward I heard several students express interest in legal careers. Moreover, I feel my students became more comfortable in their understanding of the judicial system. It was tangible, even relatable.

Finally in our legal journey we had a lecture and question/answer forum with Chief Justice O’Connor. She planned just over an hour session with all the students in one of the school’s theaters. The Chief made the experience more relevant to students by focusing on the arts. She discussed and fielded questions on intellectual property and asked students to think about some previous cases on the topic. She challenged students to consider the role of the courts and society. She challenged students to become engaged in their communities and the significance of doing so. Local media also attended and asked some of my students (who typically don’t get the highest grades in class) questions about their intellectual property and their thoughts about the Chief’s presentation. It was great to see them confidently answer with likely more eloquence then I could myself.

I plan to continue to bring expert guest speakers into my classroom and I would encourage every social studies teacher to do the same. It may not be feasible to have a member of the Supreme Court of Ohio but there are numerous attorneys, police and other experts in the field who would be happy with the opportunity to speak. Students will find more meaning and American government will come to life.

* SCPA is the only public art school grades K through 12 in the nation. Students take all the academic courses required by the State of Ohio but choose one of seven arts majors.

Pierce Reed, OCLRE Board member and Senior Judicial Attorney to Chief Justice O’Connor, and SCPA teacher Harvey Lewis

InspirED: Stories about educators who inspire

By Pierce J. Reed - Senior Judicial Attorney to Chief Justice Maureen O’Connor, Supreme Court of Ohio; Treasurer, OCLRE Board of Trustees

The start of a new year brings new resolutions, ice and snow, the return of students and teachers to school after the winter break, and the celebration of Dr. Martin Luther King. Derived from the Latin word for door (ianua) because it is the door to the new year, January takes name from Janus, a Roman god who controlled beginnings and transitions. The start of a new year is therefore a perfect time to launch this series, which remembers some trailblazers in government who made history by being “firsts” and opening the doors to those whom would follow them.

We start with the courts, and future editions will feature great firsts in our legislatures and executive offices.

In 2002, Maureen O’Connor was elected as a justice of the Ohio Supreme Court. When she took office in January 2003, she helped form the first majority of female justices on the Court.

In 2007, former Governor Ted Strickland appointed Judge Mary Wiseman to the

common pleas court bench. She became the first openly LGBT judge Ohio history, and was elected to a six year term the following year.

2010 was a year of historic firsts. Justice O’Connor was elected the first female chief justice in Ohio history, defeating Ohio’s first Jewish chief justice, Eric Brown. Chief Justice O’Connor was joined by the first female African-American justice on the Ohio Supreme Court, Yvette McGee Brown. (Justice McGee Brown had been mentored by Justice Robert M. Duncan, who had become the first African-American justice in Ohio in 1969.) And U.S. District Court Judge Benita Y. Pearson became Ohio’s first female federal judge later that year.

In 2012, voters in southeastern Ohio elected the first woman and Asian American to the Fourth District Court of Appeals, Judge Marie Corazon Moraleja Hoover.

Reading this, you might think it took Ohio a long time for women to shatter the judiciary’s “glass ceiling.” But in 1920 – shortly after the 19th Amendment was ratified - Ohio voters elected Florence Ellinwood Allen as the first female judge in the United States. She took office as a common pleas court judge in Cuyahoga County in 1921, and just a year later, became the first female justice of a court of last resort in American history when she was elected a justice of the Ohio Supreme Court in 1922. She continued to make history when President Franklin Delano Roosevelt

nominated her the U.S. Court of Appeals for the Sixth Circuit. With the unanimous consent of the United States Senate, Justice Allen became the first woman on the federal appellate bench in 1934. She served there with distinction for another 25 years.

Although history is full of firsts, students aren’t always engaged in thinking about the past. But firsts continue to arrive in the present, and provide a valuable opportunity to think and teach about our society and our government, including our courts, which promise fair treatment to all, from first to last.

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Historic Firsts, Old and New, in the Courts

Middle School Students Go In-depth in American Government• What effect did colonial experiences have on the Founders’ views about rights and government?• What major conflicts between the states arose at the Philadelphia Convention?• Why have First Amendment rights been viewed as essential to the functioning of a free society?

Middle school students from across Ohio will answer these questions and more at the 2015 Ohio Middle School We the People State Showcase on May 12.

Interested in learning how your students can also become constitutional scholars? Be our guest to observe the state showcase at the Columbus State Community College Conference Center and watch as students testify as Constitutional experts in simulated Congressional hearings.

Teachers will not only observe students in action, but will have the opportunity to talk with experienced teachers about classroom implementation of the We the People program.

Watch this video to hear from participating teachers and students about their experience at the showcase.

Contact Tim Kalgreen at tkalgreen@oclre.org; 614-485-3515for more information or to sign up to observe.

Pictured: Chief Justice O’ConnorJudge WisemanYvette McGee BrownRobert DuncanJudge PearsonJudge HooverFlorence E. Allen

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Cases to WatchBy Ryan Suskey, Director of Professional Development & Programs

One of the greatest advantages of law-related education is the opportunity to sit at the forefront of changes in our society and our understanding of the law. Here at OCLRE, we like to follow cases moving through the courts, and to share what we learn so that teachers

have an opportunity to enhance students’ understanding of the legal process and judicial system. Two cases we think you’ll want to watch:

State of Ohio v. McKeltonOn January 13th, 2015, attendees of the Ohio Government in Action professional development had the opportunity to hear oral arguments in the Supreme Court of Ohio case State v. McKelton. In this case, Appellant, Calvin McKelton, challenged both his conviction and death penalty sentence. Although this is not the first time the Court has considered cases involving the death penalty, the Justices were candid in noting that many of the circumstances in this case were unique. The Court has several options before it, including the possibility of ordering a new trial, or commuting the death sentence in favor of life (with or without parole).

On appeal, the appellant raised 21 issues, contesting every stage of the trial from voir dire to sentencing. However, much of the time during oral arguments was spent discussing Appellant’s claims of ineffective assistance of counsel, and the extent to which defense counsel was able to prepare for trial after an “essential cog” was forced to withdraw. Of particular interest to the development of jurisprudence were comments and questions raised by Justice Pfeifer regarding the issue of “residual doubt.” The concept creates a standard somewhere between “beyond a reasonable doubt” and “absolute certainty,” which may be enough to commute a death sentence. Although the majority declined to follow this view in previous capital cases (most notably State v. McGuire in 1997, 80 Ohio St. 3d 390), Justice Pfeifer seemed to be asking the Court to revisit prior decisions.

The Court’s decision is likely months away, but we will continue to follow this case and share the opinion when announced. Read the court documents, or listen to oral arguments here.

State of Ohio v. Clark Another case to watch – and of particular interest to teachers - is State v. Clark, to be heard by the United States Supreme Court in March.

This 2013 case, which originated in Cleveland, raises the question whether or not teachers, who are statutorily required to report suspected abuse to proper authorities, are acting as agents of the police when they question a student about suspected abuse. This case also questions whether statements made by a student to a teacher about possible abuse are “testimonial statements” that implicate the Confrontation Clause of the Sixth Amendment to the United States Constitution. In this case, the Court will consider whether children are required to testify in court before their statements made to mandatory reporters (teachers, social workers, childcare professionals, etc.) can be admitted as evidence in criminal prosecutions.

In this case, a three-year old came to his preschool classroom with significant injuries (bruises, bloodstained eye, and whip welts).

When the teachers noticed the injuries, they questioned the child about what happened. The child’s answers eventually led to his mother’s boyfriend, defendant Clark. Given his age, the trial court determined that the child was not competent to testify but admitted his statements to the teachers (ordinarily considered hearsay) as evidence of the defendant’s wrongdoing (permissible under Ohio R. Evidence 807, which governs admissibility of reliable statements from children in abuse cases). On appeal, the defendant claimed that admission of the child’s statement violated his Sixth Amendment Right as he was unable to “confront” his accuser.

In a 4-3 decision, the Supreme Court of Ohio held that statements made by a child to a teacher regarding abuse are “testimonial” as it relates to the Confrontation Clause, because teachers are acting as agents of the police (under Ohio Rev. Code § 2151.421) and the statements are collected for the primary purpose of “establishing past events potentially relevant to later criminal prosecution” State v. Clark, 137 Ohio St. 3d 346 (2013). The State appealed and the United States Supreme Court granted writ of certiorari to address both of these important questions.

To read the opinion of the Supreme Court of Ohio, click here. The briefs filed before the United States Supreme Court, can be found here.

Oral arguments before the United States Supreme Court will be heard on March 2, 2015. The audio recordings of all oral arguments heard by the United States Supreme Court are available to the public at the end of each argument week and the files may be downloaded from the Court’s website: www.supremecourt.gov/oral_arguments. Audio recordings are listed by name, docket number, and the date of oral argument.

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Literacy Through Middle School Mock Trial

OCLRE has always been excited to share the literature connection embedded within its Middle School Mock Trial program – trials are based on books read at the middle school level. But it’s also important to clearly demonstrate how the program meets state literacy standards. The message that teachers are embracing is “we’re all literacy teachers.” In that same spirit, OCLRE is excited to show you how middle school mock trial can help you enhance the rigor of your literacy education program.

Although middle school mock trial is a perfect vehicle for meeting many standards, let’s look at two 8th grade reading standards for informational texts.

Standard RSIT 8.6 requires students to determine an author’s point of view or purpose in a text and analyze how the author acknowledges and responds to conflicting evidence or viewpoints. When reading a middle school mock trial case, students will study six different texts (witness statements) with different points

of view. Before students can begin to work with the text, they must spend time building a bank of assumptions they can make based on the presumed view-point of the author. For instance, if students are reading the witness statement of the defendant, they can presume that the statement downplays harmful information and paints the defendant in the best light possible. Students can make this assumption because the point of view of the “author” is that the defendant is innocent. Students then analyze other witness statements, examining each witness’s viewpoint, and finally synthesize all of the information presented into a coherent argument. Obviously, not every witness will agree on every fact and circumstance, so responding to conflicting evidence and viewpoints must be addressed.

Standard RSIT 8.2 asks students to determine a central idea of a text and analyze its development over the course of the text, including its relationship to supporting ideas. When students read the mock trial case file, they must determine the central idea of the text (the plaintiff or defense side’s theory of the case) and work to get at the “core” of the case in order to be able to sum it up in a brief statement or theme. Such statements as “this is a case about being in the wrong place at the wrong time,” or “this is a case about responsibility,” will require students to distill the main point of the case and then find evidence in the text that either supports or conflicts with this main point. Its development throughout the text (or development over the witness statements) gives students the chance to analyze connections and the overall central theme. Because students are asked to present both sides of the case, they will have to go back to the text and read it again, this time looking for evidence that supports or conflicts with an alternative “central idea” or theme.

Interested in learning more about Middle School Mock Trial? Contact Tim Kalgreen at tkalgreen@oclre.org. Have five or more interested teachers who would like to schedule a professional development? Contact Ryan Suskey at rsuskey@oclre.org.

The Center for Civic Education recently released the enhanced e-book for the Middle School We the People textbook. Now both high school and middle school teachers can make the Constitution and American Government accessible to a new generation of learners.

Teachers can try a free 28 day trial by visiting www.civiced.org/resources/publications/ebooks.

The e-book is cloud-based and accessible on desktops, laptops, iPads, iPhones, Android tablets and smart phones, and Windows 8 touch-screen devices.

E-book features include:Interactive multi-touch experience • Scholarly videos • On-page video guide • Audio narration • historical photos • Embedded assessments • Online student portfolios • Built-in student/teacher communication tools

Questions about We the People can be directed to Tim Kalgreen at tkalgreen@oclre.org or 614-485-3515.

Computers and the Constitution —We’ve Come a Long Way Since 1787

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P.O. Box 16562Columbus, Ohio 43216-65621700 Lake Shore DriveColumbus, Ohio 43204614-485-3510Toll free 877-485-3510www.oclre.org

2015 Schedule of EventsJANUARY13 – Ohio Government in Action 14 – Ohio Government in Action 23 – We the People High School Competition30 – High School Mock Trial District Competition

FEBRUARY20 – High School Mock Trial Regional Competition

MARCH12 – High School Mock Trial State Finals13 – High School Mock Trial State Finals 14 – High School Mock Trial Championship Round18 – Moot Court professional development20 – Project Citizen/Youth for Justice professional development

APRIL15 – Middle School Mock Trial Showcase16 – Middle School Mock Trial Showcase17 – Middle School Mock Trial Showcase MAY12 – We the People Middle School Showcase15 – Project Citizen/Youth for Justice Virtual Summit19 – Moot Court Competition

SEPTEMBER19 – Mock Trial Beginners professional development20 – Law & Citizenship Conference21 – Law & Citizenship Conference