May 2007 Briefly
State Judiciary, Non-Partisan Court Plan Left Unscathed as Legislative Session EndsEmpowering Youth and Assuring the FutureState Judiciary, Non-Partisan Court Plan Left Unscathed as Legislative Session Ends
As the dust cleared and members of the Missouri General Assembly prepared to return to their homes following the May 18 conclusion of the 2007 legislative session, they left Jefferson City with the state’s pioneering Non-Partisan Court Plan and the jurisdiction of the state’s courts intact.
No fewer than six House Joint Resolutions threatening the state’s judiciary were proposed during the just-completed session: HJR 1 (stripping state courts of jurisdiction relating to taxing, spending and budgeting); HJR 12 (moving impeachment trials from the Supreme Court of Missouri to the Missouri Senate); HJR 15 (imposing eight-year term limits for judges and requiring confirmation by the Missouri Senate); HJR 31 (repealing the Non-Partisan Court Plan); HJR 33 (politicizing judicial nominating commission appointments); and HJR 34 (providing for retention of judges by the general assembly).
Of these six resolutions, only one – HJR 1 – passed the House. However, it never came to a vote on the floor of the Missouri Senate.
HJR 31, which would have completely eliminated the Non-Partisan Court Plan, was voted out of both the House General Laws Committee and the House Rules Committee. However, it never came up for debate on the House floor.
Of the four remaining resolutions, HJR 12 was approved by the Special Committee on General Laws, but was defeated by the Rules Committee. HJR 33 was heard in committee, but never brought up for a vote. Neither HJR 15 nor HJR 34 was ever heard in committee.
While The Missouri Bar worked to defeat all of these proposals, the organization also advocated on behalf of nine proposals drafted by its own committees. Of these, only two achieved final passage: House Bill 220, a technical correction to the trust code drafted by the state bar’s Probate & Trust Law Committee; and Senate Bill 163, drafted by the Delivery of Legal Services Committee, which extends the expiration date for the Basic Civil Legal Services Fund to December 31, 2012.
The seven Missouri Bar-drafted proposals that did not receive favorable consideration during the session included:
• HB 253, drafted by the Animal Law Committee, which would modify the crime of animal neglect.
• HB 526 and SB 481, proposed by the Environmental & Energy Law Committee, which authorizes the Environmental Commission and Administrative Hearing Commission to render decisions on summary determination.
• HB 471 and SB 494, the Uniform Premarital Agreement Act, drafted by the Family Law Section.
• HB 472 and SB 493, the Uniform Interstate Family Support Act, proposed by the Family Law Section.
• HB 470 and SB 495, the Uniform Child Custody Jurisdiction and Enforcement Act, forwarded by the Family Law Section.
• SB 212 and HB 920, the Uniform Real Property Electronic Recording Act, drafted by the Property Law Committee.
• HB 518, from the Delivery of Legal Services Committee, which would change the Tort Victim’s Compensation fund from “Legal Services for Low Income People Fund” to “Basic Civil Legal Services Fund.”
It is possible that at least some of these measures may be re-introduced during next year’s legislative session.
Empowering Youth and Assuring the Future
Editor’s Note: The following article, adapted from a speech to the Springfield Metropolitan Bar Association’s annual Law Day Luncheon, will appear in the May-June issue of the Journal of The Missouri Bar. While focused on the role lawyers can play in improving civic education among young people, it addresses issues of concern to all citizens.
Recently I was invited to listen to Coach Bob Knight speak. Most of you will know who I am talking about. He is a legendary basketball coach, but he may be better known for his personality – in direct contrast to another college basketball coaching legend, the always subdued John Wooden. While all of us would know them as famous coaches, Coach Knight told the audience that, throughout his life, on all job applications or resumes he always listed his profession as “teacher” and John Wooden acknowledges he is an educator. They both had the opportunity to empower young, talented individuals by teaching the fundamentals of the “game” and then allowing them to engage in the “game.”
These two men came to mind last month as we marked Law Day, U.S.A. The theme for this year’s Law Day celebration was “Liberty Under Law: Empowering Youth, Assuring Democracy.” But how do you empower someone – especially our youth?
I submit that we empower our youth by teaching them the fundamentals of our democratic form of government and then encouraging them to engage in the process in our communities.
The idea of knowledge and engagement as a foundation for our democracy is not a new idea or a new concept. James Madison could very well have been addressing this very subject when he wrote in 1788:
A popular government without popular information or the means of acquiring it is but a prologue to Farce or Tragedy or perhaps both. Knowledge will forever govern ignorance, and a people who mean to be their own Governors must arm themselves with the power knowledge gives.
This year’s Law Day theme rightly recognizes that the future of our nation is not only in our hands, but also in the hands of our young people. After all, the next generation will be the stewards of our communities, our state and our nation in extraordinarily critical times. The present and future well being of our society requires an involved, caring citizenry with both the desire and the ability to embrace the civic values that our government represents.
How do we get the youth of today to engage in citizenship? How do we make them feel that they can make a difference on an issue or influence the process? How do we deal with their belief that what they do does not matter? As lawyers we must be vigilant that our youth are educated on how this democracy works and that they engage themselves in the process.
Authorities tell us that young people who have a solid civics education are more knowledgeable and willing to engage; they become more interested in what is going on in their communities, state and nation; they vote and they participate; and they are willing to both join in the debate and to consider all positions on an issue.
So, how can we best reach young people and plant the seeds that will not only spur their continued interest in civic responsibility, but also prompt them to play an active, involved role as participants in an expanding, pluralistic society where citizenship, social responsibility, human rights, sense of community, and mutual respect are inseparable?
I would suggest that perhaps the best way to address this situation is to combine traditional civic education – basic and necessary knowledge about the way our democracy works – with giving young people the opportunity to learn from community engagement. They should have the chance to study, investigate and explore all issues as a normal part of their overall learning experiences – both inside and outside of the classroom.
How can we, as members of the bar, contribute to this process of empowering our youth – and adults, for that matter? By involving them in those areas where they already come into contact with the legal system.
Can there be any doubt that the ways in which young people experience the law and courts – including lawyers and court personnel – during their first contacts will affect their lifetime perception of the American justice system?
As citizens – and, more specifically, as members of the bar – we can all play a critical role in giving our young people a real say in the legal system as it applies to their needs and concerns. The application of the rule of law should be a positive participatory experience for vulnerable youth.
As officers of the court and community leaders, we are in a unique position to empower our youth. For example, you can facilitate this process by:
• Addressing what you feel are any concerns regarding the unmet needs of youth within the justice system;
• Working to ensure that community mental health systems offer greater access to youth and their caretakers;
• Incorporating a “positive youth development” approach into programs aiding youth to help them develop a sense of competence, usefulness, belonging and empowerment, facilitate adult-youth connections, and aid them in choosing healthy, productive lifestyles;
• Facilitating better cross-agency coordination of youth services;
• Protecting youth rights to privacy and confidentiality;
• Serving as youth mentors, thereby providing a positive role model and an opportunity for youth to make long-needed supportive connections with caring adults; and
• Becoming more involved in the child welfare system as foster parents or volunteer Court-Appointed Special Advocates.
When you engage in these activities, you put a face and a positive influence on how this system of ours works, and you give it integrity. You provide knowledge and understanding, and with it you empower those persons involved. You give them the tools they need to understand that they have a role to play in the ongoing improvement of that system, either individually or in cooperation with others. And can there be anything more necessary, or more rewarding, than successfully making a connection to our youth?
And we must all be directly involved in the formal educational process. Go into classrooms – visit the schools and volunteer to make presentations to the classes in your local schools. Become involved in not only Law Day activities, but also Constitution Day and Bill of Rights Day. Be active with your school boards.
There is a story, often told, that upon exiting the Constitutional Convention Dr. Benjamin Franklin was approached by a group of citizens asking what sort of government the delegates had created. His answer was: “A republic, if you can keep it.” The brevity of that response should not cause us to ignore its essential meaning: democratic republics are not merely founded upon the consent of the people; they are absolutely dependent upon the active and informed involvement of the people for their continued good health.
We must do everything in our power to assure that our youth are equipped with the knowledge and skills necessary to effectively make their voices heard within our democracy. We will all benefit from that effort, as it will help to preserve and improve our system of self-government and narrow the gap between the ideals of our nation and our achievement of those ideals. Indeed, by providing students with the finest education we possibly can devise – both in schools and through real-world experiences – we can help ensure their personal future and the future of this nation that they will shape and lead far into the next century.
Democracy is our legacy to uphold. It will survive, one generation to another, but only if we instill in each succeeding generation the ability to cherish our highest honor and greatest responsibility – that of “citizen.” When the time comes to pass that torch to the next generation, let’s make sure each of us is able to say that we did our part in empowering our youth and assuring democracy.