Students get a firsthand look at state's high court

By Alexander Rich, Staff Writer
Saturday, January 12, 2008 | No comments posted.

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COOS BAY — Michael Gillette’s first visit to Marshfield High School was much different than his second.

In 1959, Gillette arrived in Coos Bay as a starting forward for the McLoughlin High School basketball team. With the help of his inside play, Gillette helped guide the Pioneers past Coquille in the semi-finals and then defeat Newport to win the Oregon A2 title.

On Tuesday, Gillette returned to Marshfield on a different kind of team, the Oregon Supreme Court.

As part of a public outreach effort, the state’s highest judicial body held court in the Marshfield auditorium on Tuesday, listening to oral arguments in two cases from their regular docket.

Nearly 500 students from every school district in the county filed into the cavernous space to observe the proceedings and afterward asked questions of the justices.

“There is no better way to help students understand the role of the court system, and how it impacts their lives, then to let them watch the process in action and ask questions,” said Chief Justice Paul De Muniz in a press release. “Our hope in bringing the court directly into Oregon communities is that we spark new interest in the law, the courts and ultimately, democracy itself.”

The cases were selected in part because they deal with issues that might pique students’ interest: driving and drugs.

The first case, State v. Fries, was originally heard in Judge Martin Stone’s courtroom in Coquille. It involves a defendant who was arrested while helping an acquaintance move marijuana plants licensed under the state’s medical marijuana program. Convicted for possession of a controlled substance, the defendant appealed, arguing he did not technically possess the marijuana, though it was in his vehicle.

The second case, State v. Pachmayr, illustrated to students how proofreading is important whether you are in a classroom or prosecuting a case in district court.

The case, which originated in Washington County, featured a defendant who was involved in a two-vehicle accident. His driving was found to be the cause for the crash that injured a passenger in his car as well as two occupants in the other. Pachmayr was charged on three counts of second-degree assault. In court documents, each count was listed the same. The same, that is, except for one word.

In two of the charges, the vehicle Pachmayr was driving was described as a dangerous weapon. In the third one, it was described as deadly.

David Thompson, representing the state, explained to the court that the deadly description was inaccurate. It, too, should have read dangerous. When the indictment was being prepared by staff, however, the wrong word was inserted.

“It was the misuse of a drop-down menu (in a computer program) that caused the scrivener’s error,” he said.

But the error was only found after a grand jury foreman signed the indictment and trial proceedings were under way. The wording was changed and Pachmayr was found guilty on all three charges. Thompson said the court should uphold the ruling because the difference in wording had no impact on the sentencing and was inconsequential in the state’s prosecution of the case.

Bronson James, representing the defendant, argued the change had prevented his client from preparing an adequate defense.

“We don’t care about how it came about, we care about if it has a material effect on the case,” he said.

Each case took about an hour to hear. Arguments often were infused with oblique references to court cases and delved deeply into minutia.

The justices and lawyers seemed to cater to their younger audience whenever they got the chance. In some cases, that meant explaining the ruling of a court case. Other times, a justice or lawyer would fish for a laugh.

When asked to describe how a district attorney would prepare for a case, James said his experience as defense counsel had him at a bit of a loss.

“A defense lawyer talking about DAs, it is like peeking into the girls’ locker room,” he said. “I don’t know what goes on in there.”

In between the cases, the justices took time to answer questions from the students. They explained that they hear about 100 cases a month, earn about $120,000 a year and are not immune to performing civic duties. Chief Justice De Muniz noted he was being summoned for jury duty on Jan. 17.

When asked about what the justices think about the state’s education system, Justice Rives Kistler said he thinks there is too much emphasis on math and reading and not enough on other areas, like civics.

“That’s part of the reason why we come to do hearings like this one today,” he said.

Debbie Brown, a history teacher at Marshfield, said the visit was an exciting opportunity for her students.

“We read about history and the U.S. Supreme Court and this makes it real for the students,” she said.

Although she is teaching about the Great Depression in one class and the South’s Reconstruction in another, Brown said the court’s visit would fit nicely into her curriculum.

“There are court decisions that occur throughout (U.S.) history,” she said. “(The visit) will tie into what is taught in history classes the entire year.”

Brealan Mosieur, a senior in Brown’s A.P. History class, said he hadn’t realized how much work goes into being a supreme court justice. He also appreciated seeing the justices in person

“I liked to see that they have a sense of humor,” he said; “that they can joke around with the audience.”

Gillette said one of the benefits of visiting schools was the opportunity to meet before large groups. He noted the court’s hearing room in Salem wouldn’t extend much beyond the fourth row of seats in Marshfield’s auditorium.

“Our courthouse, it’s a beautiful building. It just isn’t very large,” he said, noting an audience of 100 would be in tight quarters in Salem.

The court generally makes three trips a year to high schools. In October, the court visited Ontario and Pendleton. In May, it will travel to La Grande and Enterprise. And before visiting Coos Bay, the court was in Gold Beach on Monday to hear a pair of cases there.

Once the court produces opinions on the cases it heard in Coos Bay, it will send copies to Coos County schools so students can learn the results.

Gillette said he liked the idea of making visits to schools and hoped the experience might help students better understand what is done in Salem.

“I particularly enjoy the questions from the students,” he said. “I like to clarifying things in any way we can. It gives the sense that we’ve done something worth while.”
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