PRESENTED BY:
CONSTITUTIONAL RIGHTS FOUNDATION, ORANGE COUNTY
15411 REDHILL AVE. SUITE B, TUSTIN, CA 92780
PHONE: 714 259-1521 FAX: 714 258-8727
WWW.CRFOC.ORG
Friday, September 16, 2011 Saddleback College
5th ANNUAL
CONSTITUTION DAY
CONFERENCE
Constitutional Defense of
Unpopular Causes
Constitution Day Sponsorship
Conference Host Saddleback College
Conference Sponsors
Gold
Platinum
Contributing
Special Thanks
Aitken, Aitken & Cohn
Irell & Manella
Federal Bar Association — Orange County
Rutan & Tucker, LLP
Snell & Wilmer
C.M. and Edna P. Cotton Family Foundation
Boomers!
American Board of Trial Lawyers Orange County Department of Education
Superior Court of California, County of Orange
Chick fil A Daughters of the American Revolution - Orange County
Laurel Hungerford Photography Saddleback College - Office of the President
Saddleback College - Film Department
Diamond Orange County Bar Association — Charitable Fund
PRESIDENT Karen E. Walter, Esq.
VICE-PRESIDENT Barbara C. Tingley
SECRETARY Adina L. Witzling, Esq.
TREASURER Audra M. Marino, CPA
PAST PRESIDENT Tiffanny Brosnan, Esq.
JUDICIAL ADVISORY BOARD
Hon. Craig Arthur
Hon. Thomas J. Borris
Hon. Marjorie Laird Carter
Hon. Kim Dunning
Hon. Maria Hernandez
Hon. Raymond J. Ikola
Hon. Linda Lancet Miller
Hon. Jamoa Moberly
Hon. William M. Monroe
Hon. Kathleen O’Leary
Hon. Randall J. Sherman
Hon. Scott Steiner
Hon. C. Robert Jameson, Emeritus
Hon. James P. Gray, Emeritus
PRESIDENTS EMERITUS
Julianne Sartain Bancroft, Esq.
Robert E. Palmer, Esq.
Melissa R. McCormick, Esq.
Jeffrey H. Reeves, Esq.
William N. Scarff, Jr., Esq.
Scott M. Stebick, Esq.
Shara Beral Witkin, Esq.
Michael G. Yoder, Esq.
CONSTITUTION DAY COMMITTEE
Alan Crivaro, Chair
Michael Baroni
Robert Beggs
Patricia Burns
Deborah Martinez Granger
John Mark Jennings
Edward Leonard
Hon. Linda Marks
Doug McCormick
Daniel Sasse
Alan Slater
Tracy Theodore
Joyce Van Schaack
Gwen Vieau
STAFF PROGRAM & BUSINESS DIRECTOR Wendy Townsend
PROGRAM ASSISTANT Beth Swift
BOARD OF DIRECTORS
Darren O. Aitken, Esq.
Mark R. Bresee, Esq.
Damon Burrows, Esq.
Alan Carlson
Randall J. Clement, Esq.
Alan J. Crivaro, Esq.
Todd G. Friedland, Esq.
Var Fox
Larry Gennaro, Esq.
Richard Grabowski, Esq.
Deborah Martinez Granger
Jeffery Hamilton
Jonathan P. Hersey, Esq.
Capt. Michael Hiller
John C. Hueston, Esq.
James Knight, Esq.
Eoin L. Kreditor, Esq.
Amy J. Laurendeau, Esq.
Allan Z. Litovsky, Ph.D
Doug McCormick, Esq.
Brent J. North, Esq.
David E. Outwater, Esq.
Brian Parmelee
Kelly Roosevelt, Esq.
Alan Slater
Stephen J. Toretto, Esq.
Tom Tuttle, Esq.
Peter N. Villar, Esq.
Todd R. Wulffson, Esq.
Dean J. Zipser, Esq.
The Constitutional Rights Foundation, Orange County (CRF-OC) is a non-partisan educational nonprofit organization and our mission is to empower youth to become active, responsible members of our community. Established in 1981, CRF-OC provides interactive civics programs that empower over 10,000 Orange County high school students each year to develop skills to master state standards for history and social science. The Orange County Bar Association and its Charitable Fund are long-standing partners.
Constitution Day Conference – This one-day conference reaches 500 students and complies with the U.S. Department of Education’s mandate that educational institutions accepting federal aid celebrate Constitution Day. Workshops discuss Constitutional amendments that exemplify the checks and balances among each branch of government. The conference culminates with a Supreme Court hearing, with the issues argued by two accomplished attorneys and sitting judges and selected students rendering a verdict based on these arguments.
Law Day Conference – This one-day conference offers workshops on topical Constitutional issues, such as “Should teens be tried as adults?” or “Safety vs. Privacy – security measures on campus.” Over 500 students are challenged to debate their rights and how these rights are associated with civic responsibility.
Mock Trial – This program combines law-related education with tournament style competition. Using an actual settled criminal court case, 1,000 students, representing 38 teams, enact every role in a trial, under the guidance of attorney and teacher coaches. Students can also compete in courtroom art and journalism contests.
Orange County Career Forum – This one-day conference, held in partnership with the Orange County Department of Education, links 1,100 Orange County high school students with local, prominent business professionals. Workshops range from traditional corporate and entrepreneurial business opportunities to managing credit and preparing for successful interviews.
Peer Court – This ongoing juvenile diversion program reduces criminal activity by first-time juvenile offenders who have committed non-violent misdemeanors. A sitting judge presides, attorneys act as advisors and 6,500 students serve as jurors to assess the case and assign sanctions to 200 young offenders from high schools other than the Peer Court site. An interactive curriculum educates students about the juvenile justice system and helps them make responsible decisions.
Friday, September 16, 2011
5th ANNUAL
CONSTITUTION DAY CONFERENCE
Please complete the survey to receive your lunch
8:30 to 9:00am Registration - Gym Courtyard
9:00 to 9:15am Welcome - Gym Alan Crivaro, Esq. CRF-OC President Tod A. Burnett, Ed.D. Saddleback College
9:15 to 9:40am Keynote - Gym President John Adams
9:40 to 10:20am Supreme Court Hearing - Gym
10:20 to 10:40am Break/ Transition to Workshops Please follow volunteers to upper campus
10:40 to 11:20am Workshop Session 1 - See workshop description for exact location
11:30 to 12:10pm Workshop Session 2 - See workshop description for exact location
12:10 – 1:00pm Lunch - Quad
Workshops: Each workshop is represented by a different color dot.
Sessions: The session you are attending the workshop is represented by a number on the colored dot.
Dots for session 1 (10:40am —11:20am) will have a #1
Dots for session 2 (11:30am — 12:10pm) will have a #2
Step 1: Write your name on your nametag.
Step 2: Choose to attend one of the five workshops offered today. See workshop descriptions in program. To register for the workshop go up to the workshop table and request the corresponding dot, place the dot on your name tag.
Step 3: Choose an additional workshop from one of the five workshops offered, descriptions are listed in the program. You may not go to the same workshop twice.
Step 4: Once you are registered please go into the Gym for the Keynote Address and Supreme Court Hearing. You will attend your workshops after the these activities have concluded.
Everyone is encouraged to actively
participate in their workshops.
WORKSHOP REGISTRATION DIRECTIONS THE STORY BEHIND GIDEON V. WAINWRIGHT
Gideon v. Wainwright 372 US 335 (1963) is a landmark case in United States Supreme Court history. In the latter half of the twentieth century, Gideon v. Wainwright represents an important step in Constitutional law made by the Supreme Court in applying the Sixth Amendment (right to counsel) and the Fourteenth Amendment (no person shall be deprived of life, liberty, or property without due process of law) to all citizens. Background The Supreme Court had earlier ruled in Powell v. Alabama 287 US 45 1932, the famous case of the Scottsboro Boys, that the right to counsel was essential to the safeguarding of American freedoms, but left it up to the states just how far this right extended. In Betts v. Brady 316 US 455 1942, the Court modified this doctrine slightly, ruling that whether or not a lawyer was required would depend on the circumstances of each case. Over the next twenty years, the Court heard several more cases, and in all of them ruled that in fact a lawyer was required. This view had not changed by the early 1960s. The Case Between midnight and 8:00 am on June 3, 1961, a burglary occurred at the Bay Harbor Pool Room in Panama City, Florida. Someone broke a door, smashed the cigarette machine and a record player, and stole money from a register. Later that day, a witness reported that he had seen Clarence Earl Gideon in the poolroom at around 5:30 that morning leaving with a wine bottle and money in his pockets. Based on this accusation alone, the police arrested him and charged him with breaking and entering with intent to commit petty larceny. Gideon, who could not afford a lawyer, asked a Florida Circuit Court judge to appoint one for him arguing that the Sixth Amendment entitles everyone to a lawyer. The judge denied his request and Gideon was left to represent himself. He did a poor job of defending himself and was found guilty of breaking and entering and petty larceny. While serving his sentence in a Florida state prison, Gideon began studying law, which reaffirmed his belief his rights were violated when the Florida Circuit Court refused his request for counsel. From his prison cell, he handwrote a petition asking the U.S. Supreme Court to hear his case and it agreed. The court assigned him a prominent Washington, D.C. attorney, Abe Fortas of the law firm Arnold Fortas & Porter, a future Supreme Court justice. Bruce Jacob argued the case for respondents. The decision was announced on 18 March 1963; the opinion of the court was delivered by Justice Hugo Black. The court held that the right to counsel was a fundamental right, essential for a fair trial, thereby emphasizing the procedural safeguards which were needed for due process of law. In this sense, the court ruled specifically that no one, regardless of wealth, education or class, should be charged with a crime and then be forced to face his accusers in court without the guidance of counsel. The court remanded the case to the Supreme Court of Florida for "further action not inconsistent with this decision." Gideon was then retried by the state of Florida and acquitted. Kids.Net.Au — http://en.wikipedia.org/wiki/Gideon_v._Wainwright
SUPREME COURT JUSTICES
Hon. Kathleen O’Leary - California Court of Appeal, Fourth Appellate District, Division III Hon. Thierry P. Colaw - Superior Court of California, County of Orange Hon. Robert C. Gannon - Superior Court of California, County of Orange Hon. John Flynn, III - Superior Court of California, County of Orange Hon. Linda L. Miller - Superior Court of California, County of Orange Hon. Randall J. Sherman - Superior Court of California, County of Orange Rosary High School Students
Giedon v. Wainwright Arguments
John C. Eastman, Esq. — Chapman University School of Law Ron Steiner , Esq. — Chapman University School of Law
SUPREME COURT HEARING - GYMNASIUM
KEYNOTE ADDRESS - PRESIDENT JOHN ADAMS GYMNASIUM
President John Adams was a resistance leader and patriot, advocate and diplomat, constitutional theorist and political activist, and became our nation’s first lawyer-president in 1797. In 1770, just five years before the American Revolutionary War began, he represented the British officer and soldiers charged with firing into a crowd of protestors and killing five civilians in what has become known as the “Boston Massacre.” Although already a prominent leader in the American colonial resistance to British parliamentary authority, Adams agreed to take on the very unpopular case.
Because he felt that Captain Preston and the British soldiers deserved effective defense, Adams agreed to take on the case. Captain Preston was acquitted after Adams cast doubt as to whether Preston gave orders to shoot. Later six of the eight soldiers were also acquitted, and two, who were proven to have fired their weapons, were convicted of manslaughter. Their punishment was to have their thumbs branded. Writing in his diary three years after the trials, Adams remarked:
“The Part I took in Defense (sic) of Cptn. Preston and the soldiers, procured me Anxiety and Obloquy enough. It was, however, one of the most gallant, generous, manly and disinterested Actions of my whole life, and one of the best Pieces of Service I ever rendered to my Country. Judgment of Death against those Soldiers would have been as foul a Stain upon this Country as the Executions of Quakers or Witches, anciently. As the Evidence was, the Verdict of the Jury was exactly right.”
Adams’ role in the 1770 Boston Massacre trials has come to be seen as a lawyerly exemplar of adherence to the rule of law and defense of the rights of the accused, even in cases when advocates may represent unpopular clients and become involved in matters that generate public controversy. Adam’s legacy still lives on. The courage of countless American lawyers in taking on unpopular causes and defending unpopular or hated persons is, in the tradition of John Adams, the most gallant of actions and the highest form of service to justice in the United States. The Sixth, Seventh and Fourteenth Amendments to the United States Constitution embody not only this service but guarantee to all such protections.
John Adams portrayed by Peter Small Bench & Bar of Minnesota, April 7, 2011: http://mnbenchbar.com/2011/04/a-proud-tradition-representing-the-%E2%80%9Cunpopular-cause%E2%80%9D/
1. Scholarship Opportunity! ESSAY TIPS AND TOPICS (Green Dot) Location: BGS 144 (1st Floor) Join us for an interactive session to discuss the CRF-ABOTA 2011 essay writing contest. Winners will receive scholarship awards for first place ($2,500), second place ($2,000) and third place ($1,500). Learn how you can write a winning essay. A discussion on topics and themes will be discussed, along with reference materials and research guides. For more information about the Scholarship Opportunity visit the ABOTA Orange County website: http://www.ocabota.org/ Presenters: Ed Leonard , Esq.— ABOTA President Eric Traut, Esq.— Traut Firm Mark Poliquin, Esq. - Poliquin & DeGrave LLP Nancy Zeltzer, Esq.— Lewis Brisbois Bisgaard & Smith LLP
2. The Truth about Me, You and Mendez v. Westminster (Orange Dot)
Location: HS 102 (1st Floor) In this interactive workshop Emmy-winning filmmaker Sandra Robbie will reveal the stunning story of the 1947 California school desegregation case Mendez v. Westminster. Like a Mexican American “Crash,” Mendez connects the history of Jews, Japanese Americans, Native Americans, the civil rights struggle of the American South and the state of education today. Thurgood Marshall and Earl Warren were involved too. Discover how this amazing story changed your life. Presenters: Sandra Robbie – Chapman University, Mendez v. Westminster Project
WORKSHOPS
4. Civility: the Antidote to Bullying (Blue Dot) Location: BGS 356 (3rd Floor) An in-depth look at civility as the antidote to bullying behavior and how you can change bullying from a popular aspect of life to an unpopular cause, not worth supporting. Film study is part of the discussion. Presenters: Ed Leonard, Esq.— Harrington, Foxx, Dubrow & Canter Christopher Wesierski, Esq.— Wesierski and Zurek LLP Michael Maguire, Esq.— Michael Maguire & Associates
WORKSHOPS CONTINUED 3. Black & White and Color: Using Film Clips to Reveal the “Race Factor” in Defending Unpopular Defendants (Red Dot) Location: SSC212 (2nd Floor) Film clips from "A Time to Kill," "Amistad" and "12 Angry Men" will be used to show how underlying race perceptions and biases influence juries and judges, and how the lawyer defending the unpopular cause (such as slavery or a murder defendant) can themselves become the target of public outrage and even violence. Presenters: Darren Aitken, Esq. — Aitken, Aitken & Cohn Michael Baroni, Esq.— Palace Entertainment
5. Clara Foltz and The Public Defender (Yellow Dot) Location: HS 145 (1st Floor) Who is Clara Foltz? Famous in her time as a public intellectual, leader of the women's movement, and legal reformer, Foltz faced terrific prejudice and well-organized opposition to women lawyers as she tried cases in front of all-male juries and raised five children as a single mother. She was the first to propose the creation of a public defender to balance the public prosecutor. Learn how California's first woman lawyer helped create the public defender’s system we know today.
Presenters: Professor Barbara Babcock, Stanford Law School
MAP
Friday, September 28, 2012 Saddleback College
6th ANNUAL CONSTITUTION DAY
CONFERENCE
YOUR VOTE IS YOUR VOICE Join the Conversation
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Thank You to Our Major Sponsors
Special Thanks
Saddleback College Superior Court of Orange County Orange County Registrar of Voters
Gibson Dunn and Crutcher LLP Laurel Hungerford Photography Daughters of the American Revolution - Orange County
Foundation of the Family of C.M. and Edna P. Cotton
Federal Bar Association of Orange County
Association of County Law Enforcement Managers
Association of Orange County Deputy Sheriffs Outwater and Pinckes, LLP
Crowell & Moring, LLP
Constitution Day Sponsors
Palace Entertainment
EXECUTIVE COMMITTEE
PRESIDENT
Barbara C. Tingley
VICE PRESIDENT Adina L. Witzling, Esq. SECRETARY Darren O. Aitken, Esq. TREASURER Audra M. Marino, CPA PAST PRESIDENT Karen E. Walter, Esq.
STAFF
EXECUTIVE DIRECTOR
Lori Berg, Esq.
PROGRAM MANAGER
Shannon Zech, Esq.
PROGRAM ASSISTANT
Beth Swift
CONSTITUTION DAY-COMMITTEE
Alan Crivaro, Esq.- Chair
Panteha Abdollahi, Esq.
Darren Aitken, Esq.
Michael Baroni, Esq.
Patricia Burnes
Hon. Thierry Colaw
Jacqui Franks
Robert Gibson, Esq.
Edward Kim, Esq.
Edward Leonard, Esq.
Hon. Linda Marks
Douglas McCormick, Esq.
Alan Slater
Michael Tague
M. Joyce Van Schaack
Gwen Vieau
BOARD OF DIRECTORS
Michael Baroni, Esq.
Mark R. Bresee, Esq.
Tiffanny Brosnan, Esq.
Damon Burrows, Esq.
Alan Carlson
Randall J. Clement, Esq.
Alan J. Crivaro, Esq.
Var Fox
Todd G. Friedland, Esq.
Captain Tom Gallivan
Larry Gennaro, Esq.
Richard J. Grabowski, Esq.
Deborah Granger, Ed.D.
Jeffery C. Hamilton
Jonathan P. Hersey, Esq.
John C. Hueston, Esq.
James N. Knight, Esq.
Eoin L. Kreditor, Esq.
Linda Lam, Esq.
Amy J. Laurendeau, Esq.
Allan Z. Litovsky, Ph.D.
Douglas F. McCormick, Esq.
Brent J. North, Esq.
David E. Outwater, Esq.
Pamela S. Palmer, Esq.
Brian Parmelee
Kelly Roosevelt, Esq.
Alan Slater
Stephen J. Toretto, Esq.
Thomas Tuttle, Esq.
Peter N. Villar, Esq.
Todd R. Wulffson, Esq.
JUDICIAL ADVISORY BOARD
Hon. Craig Arthur
Hon. Thomas J. Borris
Hon. Marjorie Laird Carter
Hon. Kim Dunning
Hon. Maria Hernandez
Hon. Raymond J. Ikola
Hon. Linda Lancet Miller
Hon. Jamoa Moberly
Hon. William M. Monroe
Hon. Kathleen O’Leary
Hon. Randall J. Sherman
Hon. Scott Steiner
Hon. C. Robert Jameson, Ret., Emeritus
Hon. James P. Gray, Ret.,
Emeritus
PRESIDENTS EMERITUS
Julianne Sartain Bancroft, Esq.
Robert E. Palmer, Esq.
Melissa R. McCormick, Esq.
Jeffrey H. Reeves, Esq.
William N. Scarff, Jr., Esq.
Scott M. Stebick, Esq.
Shara Beral Witkin, Esq.
Michael G. Yoder, Esq.
15411 Red Hill Ave, Suite B Phone: 714.259.1521 Tustin, CA 92780 Fax: 714.258.8727 www.crfoc.org [email protected]
Resources
Scan this QR code to get a copy of the U.S. Constitution on your phone!
Scan this QR code to play interactive games about the Supreme Court’s history. http://www.pbs.org/wnet/supremecourt/games/index.html
Teachers, scan this QR code to register your school for the MyVote California Student Mock Election. http://www.sos.ca.gov/elections/studentmockelection.htm
PLEASE COMPLETE THE SURVEY TO RECEIVE YOUR LUNCH
Cons tu on Day Conference Friday, September 28, 2012
Schedule 9:00 am – 9:30 am Registra on
9:30 am – 10:10 am Welcome
Alan Crivaro, Esq. CRF‐OC
Tod A. Burne —President Saddleback College
Keynote Address
Neal Kelley— Registrar OC Registrar of Voters
10:10 am – 10:50 am Mock Supreme Court Hearing Crawford v. Marion County Elec on Board
10:50 am – 11:00 am Transi on to Workshop I 11:00 am – 11:50 am Workshop I 11:50 am – 12:00 pm Transi on to Workshop II 12:00 pm – 12:50 pm Workshop II 12:50 pm – 1:30 pm Picnic on the Quad/Mock Elec on/ Register to Vote
1:30 pm Students/Teachers return to schools Bus pick‐up in LOT 9
KEYNOTE ADDRESS - NEAL KELLEY ORANGE COUNTY REGISTRAR OF VOTERS -
WHAT IT TAKES TO COUNT: AN INSIDE LOOK AT VOTING, BALLOTS AND RESULTS
The Presidential Election in Orange County takes thousands of hours of planning and 10,000 people to operate and conduct in one of the nation’s largest voting jurisdictions. In addition Orange County will process over 1,000,000 ballots under tremendous scrutiny.
You will learn how this is accomplished and how voting works in this informative keynote address. In addition you will gain a better understanding of the history of voting in this country and why every vote truly does count.
BIOGRAPHY — REGISTRAR OF VOTERS — NEAL KELLEY
Neal Kelley is Registrar of Voters for Orange County, California, the fifth largest voting jurisdiction in the United States, serving more than 1.6 million registered voters. He joined the County as Chief Deputy Registrar of Voters in May 2004. Appointed Registrar of Voters in April 2006, Kelley has led the Registrar of Voters’ office through the largest cycle of elections in the County’s 121-year history.
In his role as the County’s chief election official, he leads an organization responsible for conducting elections, verifying petitions and maintaining voter records. Prior to joining Orange County, Kelley developed and grew several companies of his own, employing hundreds of people from 1989 to 2004. He was also an adjunct professor with Riverside Community College’s Business Administration Department, and served as a police officer in Southern California during the mid 1980's.
In 2009 Kelley earned professional election certification through the national Election Center and Auburn University as a Certified Elections and Registration Administrator (CERA). He has been the recipient of several awards for election administration, including recognition from the California State Association of Counties, the Election Center and the National Association of Counties. Kelley is an appointed member of the United States Election Assistance Commission (EAC) Board of Advisors and the EAC Voting Systems Standards Board, serves as the elected Treasurer of the California Association of Clerks and Election Officials (CACEO), and is the elected Secretary for the National Association of County Recorders, Election Officials and Clerks (NACRC). Kelley earned a Bachelor of Science degree in business and management from the University of Redlands and an M.B.A. from the University of Southern California.
WORKSHOPS 4-6
4. How to Prepare a Winning Essay Location: HS 102 Constitutional Scholars Program – Learn About the Topic, Competition Rules and How to Submit a Winning Essay. The 2012/2013 OC ABOTA/CRF Scholarship Essay topic will be announced at the end of the session. Presenters: Distinguished Members of Orange County – American Board of Trial Advocates (OC ABOTA)
5. What Does It Mean to be a Voting Juror? Location: SSC 212 Students will hear from distinguished trial judges and lawyers in the community about jury service. The session will be lively and interactive with the use of film clips as students learn and discuss what it means to have a vote as a sitting juror. Presenters: Distinguished Members of Orange County – American Board of Trial Advocates (OC ABOTA)
6. Voting, Citizenship & the Issues Facing California Location: HS 145 California has always been unique. Unlike the US Constitution, which has been amended 27 times in over 200 years, the California Constitution has been amended more than 500 times in over 100 years. Why is this so and what impact do California’s voting procedures have on it’s past, present and future? Students will learn the importance of all eligible citizens exercising their voice through their vote. Presenter: Dr. Gordon Bakken — Professor of History, California State University Fullerton
1. Voter Registration and Casting Your Ballot Location: SM 313 How do you register to vote and the basics of casting your ballot will be explained in this hands-on workshop. Presenter: Neal Kelley – Orange County Registrar of Voters
2. State vs. Federal: A Bizarre Twist on Voting Rights
Location: BGS 144 In recent years, state and federal law have often come into conflict regarding voting rights. The United States Constitution’s Equal Protection Clause in some instances conflicts with measures passed by individual states regarding voting rights. This workshop looks at this issue generally, including providing some background regarding voting rights in the United States, and then looks specifically at the current tension between the “bizarre” standard set forth by federal law and the California Voting Rights Act. Presenters: Ryan Fawaz, Esq.– Associate with Paul Hastings LLP Neema Ghannadi, Esq.– Associate with Bingham LLP Beau Stockstill, Esq. – Associate with Paul Hastings LLP
WORKSHOPS 1-3
3. The Influence of Money on Political Campaigns
Location: BGS 356
Free speech is a vital part of the election process. It helps voters decide how to cast their ballots. In the landmark case of Citizens United v. Federal Election Commission, 588 U.S. 50 (2010), the U.S. Supreme Court held that money spent on political campaigns is a form of free speech under the First Amendment and that corporations and unions were entitled to spend money to participate in elections. This workshop will explore the impact of this important Supreme Court decision
that is being played out in the 2012 Presidential Election. Presenter: Jessica A Levinson, Esq. — Professor, Loyola Law School
Supreme Court Justices
Hon. Thierry P. Colaw - Superior Court of California, County of Orange Hon. Robert C. Gannon - Superior Court of California, County of Orange Hon. John Flynn III - Superior Court of California, County of Orange Hon. Linda L. Miller - Superior Court of California, County of Orange Hon. Randall J. Sherman - Superior Court of California, County of Orange Regina Zeng - Woodbridge High School - 2011 Mock Trial Advocate of the Year Nader-Jason Mehrdadi - Woodbridge High School
Attorneys Arguing Crawford v. Marion County Election Board Dr. John C. Eastman, Esq. — Professor of Law—Chapman University School of Law Dr. Ronald L. Steiner, Esq.— Professor of Law—Chapman University School of Law
MOCK SUPREME COURT HEARING - GYM CRAWFORD V. MARION COUNTY ELECTION BOARD
INTRODUCTION In Crawford v. Marion County Election Board, 553 U.S. 181 (2008), the United States Supreme Court upheld an Indiana law which required a voter to show a valid photo ID before casting a ballot in person. FACTS In 2005, the Indiana legislature enacted a new election law requiring for the first time "proof of identification" in order to vote. Known as the "Voter ID Law" or "SEA 483," this new law required that anyone seeking to vote in-person must present current photo identification such as a driver’s license issued by either Indiana or other identification issued by the United States. Certain exceptions were made for those who did not have a valid photo ID. Voters who did not have a photo ID were allowed to cast a provisional ballot but their votes only counted if they visited a designated government office within 10 days of the election with a photo ID or signed a statement saying they cannot afford one. When the case came before the United States Supreme Court, Indiana claimed voter ID was needed in order to ensure a citizen’s eligibility to vote, prevent voter fraud and clean up outdated voter rolls. Opponents of the law argued that it arbitrarily disenfranchised qualified voters who did not possess the required identification and placed an unjustified burden on those who could not readily obtain such identification. In upholding the Indiana Voter ID law, the Supreme Court explained that restrictions on the right to vote violate the Fourteenth Amendment if they are unrelated to voter qualifications. Only evenhanded restrictions that protect the integrity and reliability of the electoral process itself may be adopted by a state. The interests identified by Indiana were sufficient to outweigh the limited burden on voters' rights.
THE STORY BEHIND CRAWFORD V. MARION COUNTY ELECTION BOARD
