Published: March 20, 2009 10:17 am      

Students on trial in Teen Court

PRINCETON — All of the pieces were in place at the Mercer County Courthouse last Thursday evening for a classic civil court case.

Experienced and knowledgeable attorneys sat on opposing sides of the room. Twelve attentive jurors lined the aisles of the jurors’ box. And, the defendant fidgeted nervously next to his counsel, awaiting the judge who would soon hand down his sentence.

Although the entire cast of essential characters played their roles perfectly throughout the trial, the State of West Virginia v. Ken Lizemore case heard by acting judge Colin Cline last week was not real at all. Instead, it was the first-ever public mock trial held by Mercer County’s Teen Court, a unique program of ChildLaw Services, Inc.

“Usually, the kids who volunteer their time for Teen Court do it alone, because since we hear only juvenile cases, the hearings have to be closed to the public,” said Beth Sizemore, Teen Court’s coordinator. “No one ever gets to see how hard they work and what they put into it, so we decided to try this mock trial to get them the praise and recognition they deserve. I just really wanted people to see this.”

That goal was accomplished at the debut mock trial, as community members filled the civil courtroom to watch 17 Mercer County students act out an unscripted mock trial involving underage consumption of alcohol and obstruction of an officer. Usually, Teen Court volunteers meet on Thursdays to hear real juvenile cases and to determine appropriate sentences for their peers. While Sizemore oversees each case and local attorneys like Cline act as judges, the students take over all other roles of the court, including defense and prosecuting attorneys, bailiff, clerk and jurors.

“I’ve always wanted to be a lawyer, and Teen Court has really helped me to realize that dream a lot,” said Kate Alvarez, a high school senior and longtime volunteer who will enter Concord University’s pre-law program in the fall.

“Teen Court is a wonderful way for young adults to learn not just about the court system and the jury system, but also to learn about being a prosecuting attorney and defense attorney and all of the different roles of the court,” added Omar Aboulhosn, a circuit court judge and former Teen Court judge.

In addition to providing a valuable service and learning experience for those volunteers, the innovative program presents a sentencing alternative for juveniles who violate the law. First-time offenders who plead guilty to misdemeanors within the court’s realm are given the option to be sentenced by a jury of their peers rather than going through the court of law. The majority of cases deal with the use of drugs or alcohol, but the court also hears cases of battery, vandalism, and curfew violations, among others. Sentences always include several hours of community service and an assignment as a juror in a future case.

“I haven’t seen too many kids who’ve gone through Teen Court that end up in my court later, and I think that’s because Teen Court is your first warning shot,” said Aboulhosn.

Sizemore says that, sometimes, that wake-up call is all those young people need to turn their lives around.

“I’ve seen so many defendants that come in here and at first and act like this is stupid, and they just don’t care,” she said. “But then, it’s like this room has some kind of aura; I think it opens their eyes to see that they’re actually in court, and they see what could happen to them. It makes them change their path, that little taste of what could happen if they break the law again. It really changes their lives.”

Cline says he, too, has witnessed that turnaround during his time with Teen Court.

“I’ve seen a lot of pretty hard-core defendants stay committed to the program long beyond the end of their obligation,” he said. “That’s perhaps the most rewarding aspect of it. I remember a young lady who was charged with pretty serious battery, and she became a regular prosecuting attorney and member of the jury. They embrace it and become a part of it, and that’s just fantastic.”

Currently, Mercer County is one of few counties in the state to offer that effective second chance to juveniles through a Teen Court system. Several community leaders from surrounding counties, however, were in the audience last week to observe the process in preparation of initiating their own similar programs. CU pre-law professor Marshall Campbell, who also attended, said the region should be proud of the local Teen Court and its position as a leader in the state.

“This is a great program in so many ways,” he said. “Beth Sizemore and the people at ChildLaw Services do a heck of a job, and they deserve credit for how great this program is in Mercer County. As somebody in the legal community, I am very proud of them and what they do, and to anyone who comes through this Teen Court process, I can say we would love to have you come to the pre-law program at Concord.”

At the mock trial, Campbell was especially impressed, he said, with the prowess of the acting prosecuting and defense attorneys, played by Tom White and Katie Ratcliffe, respectively. White, a PikeView High School freshman and two-year Teen Court volunteer, was all business as he questioned the defendant, played by Miraj Gibson. While he attempted to emphasize the seriousness of the charges indicating that the 16-year-old defendant had gotten drunk at a party and hid from officers on the scene, Ratliffe tried to soften the jury with questions of intent, asking “Lizemore” if it was peer pressure that caused him to violate the law that night.

“Did you try to say no, Mr. Lizemore?” Ratliffe asked, as her client sat on the witness stand. “Were you just scared? Obstructing an officer is a broad description, and I think it’s sort of a natural reaction to run when you’re scared.”

“I’ve seen a lot of bad cases, but this is probably one of the worst,” argued White. “This defendant willingly and knowingly prevented an officer from doing his job and attempted to escape as well as assist others to escape. This was a party in which not just was alcohol consumed, a lot of it was consumed, and Mr. Lizemore is five years below the legal drinking age. I would ask the jury to give their full attention to this evidence and give a just sentence.”

After the young defendant had the opportunity to speak and the attorneys made their closing arguments, the jurors, like they would in a real Teen Court case, headed into deliberations.

“They’re actually deliberating right now,” said Sizemore. “We practiced this a little bit, but we said we weren’t going to script the answers or the sentence, so they’re really looking at the evidence and deciding right now.”

When they came out, those jurors handed down a stiff penalty to the their peer, who they said “didn’t show any remorse.” In the mock sentencing, Lizemore received the maximum 40 hours of community service per crime, plus a mandatory 250-word essay on the importance of obeying authority, a written and verbal apology to his parents, and four Teen Court jury sessions.

“That’s very typical of a normal Teen Court case,” said Sizemore. “This jury can be very hard on their peers, especially in the case where they feel the defendant was not remorseful. They take this very serious.”

The young volunteers say many factors motivate them to treat their Teen Court duties with respect. In addition to their own desires to learn more about the legal system, they realize the importance of the community service that they help the special program to provide.

“The first reason I do Teen Court is that I just think it’s a lot of fun, and a good way to kill some time on Thursday nights,” said White, who is considering a future in law. “But, then again, I think it’s also very important, because even though Ms. Sizemore has the names of 250 kids on her list, it’s usually just a core of 10 to 20 of us that are here every night. I feel like it’s kind of important that I be here to help.”

And, as much as they help the community and the young people Teen Court serves, the volunteers know they are reaping benefits from their time in the courtroom, as well.

“I’ve always been sort of interested in law, and when I started with Teen Court I noticed how much I learned, how much I could see, and how much others were learning, as well,” said Ratliffe, a PVHS freshman and three-year volunteer. “The reason I’ve stayed involved is just knowing I can make a difference. When I see my defendants out in the community, they smile at me, and I know they’re doing better than they were.”

Teen Court hears two cases a night, several Thursdays a month. For more information, call ChildLaw Services at (304) 425-9973.

— Contact CharLy Markwart at cmarkwart@ptonline.net.