Shawnee County Youth Court Brings Great Success
The Shawnee County Youth Court, spearheaded by Judge David Bruns, has gotten off to a fabulous start. Youth Court is a program for high school aged youth who have agreed to enter a diversion program. Specifically, the court disposes of misdemeanor traffic infractions, including: speeding; failure to wear a seat belt; failure to yield to an emergency vehicle; and improper lighting.
Youth Court participants pay a $20.00 fee in order to enter the program. The defendant agrees to accept a student attorney in lieu of a member of the bar. The prosecutor, judge, and jury are also students. The jury deliberates after hearing the evidence, and imposes a punishment. The minimum sanction is five hours of community service and two turns as a juror. Once the defendant completes the sanction, there is no further punishment. The defendant is not responsible for paying the ticket, and the offense will not be added to the youth's driving record.
In its initial session on September 18, 2003, the Youth Court disposed of three cases. Fifty-eight students ranging from seventh to twelfth grade participated as jurors, attorneys, defendants, clerks, bailiffs, and judges. Eight area schools were represented: Seaman, Topeka High, Topeka West, Shawnee Heights, Washburn Rural; Hayden; Cair Paravel; and Topeka Collegiate. In the second session, held on October 16, 2003, six cases were adjudicated. The number of youth volunteers has increased since the first session; the number of students volunteers now stands at well over 100.
The response from both parents and students has been very positive. Evaluations completed after the first session revealed that two out of three students rated their sanction as "too harsh." However, the parents believed that the sanctions were reasonable. Parents also lauded the student attorneys, and said that overall, court officials did a good job of explaining about the process. One parent noted that it was especially nice to have his child literally judged by a jury of his peers. It is evident that the students take their roles very seriously. One defendant, who apparently failed to conduct himself in a proper manner during his trial, was given a sentence of 15 hours of community service and was also ordered to write a 600 word essay on speeding.
The City Attorney's Office has authorized plea negotiations in cases involving less severe offenses. In those plea agreements students will serve as prosecutors and defense attorneys as they negotiate a reasonable settlement. The minimum sentence of service on two juries and five hours of community service will still be applicable. The program is currently working to arrange community service opportunities for the youth offenders.
Although students do the bulk of the work, the program does need licensed attorney volunteers. Youth Court organizers would like to have one attorney at each counsel table, to help guide objections. If you would like to help, you can contact Judge Bruns at 233-8200, extension 4405. Students may enter the Youth Court program by contacting John Noll at the City Attorney's Office.
The Youth Court program is an exciting opportunity for high school students to truly get involved in the judicial system. Please consider participating in this worthwhile endeavor.
(Reprinted with permission from the Topeka Bar Association's November 2003 TBA Briefings. Written by Chelsey Langland, Research Attorney for Kansas Court of Appeals Judge Christel Marquardt.)
