Volume XV, Issue I
January/February 2001

WYLD and the YMCA Mock Trial Program

by Hon. William L. Downing

"Democracy must be learned by each generation."

That is the pithy motto of the YMCA’s Youth and Government Program which in recent years has developed a very happy alliance with the Young Lawyers Division of the Washington State Bar Association. Through financial support and countless volunteer hours, WYLD and its members have helped to make that promise a reality for hundreds of Washington high school students involved in the High School Mock Trial Competition.

Together with the Youth Legislature (which takes over the Capitol Building in Olympia for several days each May in what is certainly a sight to behold), the Mock Trial Competition seeks to instill in young people the Y’s core values of honesty, respect, caring and responsibility. Our specific mission is to accomplish this within the context of helping students learn about the various processes of our democratic government through hands-on experience.

In the Mock Trial Program, students play the roles of lawyers and participants in cases presenting difficult and often controversial social issues. The students chiefly learn about how their society’s institutions strive to resolve those disputes wisely through fair procedures. Along the way, they also learn about working together as a team and how to think on one’s feet to make a logical, persuasive presentation.

Since 1994, WYLD has been a co-sponsor of this wonderful program along with the Office of the Administrator for the Courts, the District and Municipal Court Judges Association, the Superior Court Judges Association and the Retired Judges Association. In addition, members of WYLD have been playing an increasingly important role both in helping teams in their pretrial preparations and serving as scorers at the District and State events.

In the 1999-2000 school year, some 50 teams of students competed in February’s District Competitions by presenting a defamation lawsuit at their respective county courthouses. The top 20 teams then went on to the State Finals in Olympia in March. And, in May, our state champion Franklin High School astoundingly emerged victorious at the National Championships held in South Carolina.

In fact, trophy or no trophy, every student who participates comes away a winner. The rewards include new levels of poise and self-confidence, knowledge about the court system and insights into a variety of social issues. Over the years, the fictitious cases have dealt with such issues as mandatory drug testing, assisted suicide, self-defense and the right to bear arms, hate crimes, domestic violence, sexual harassment and freedom of speech.

The case being tried this year is a vandalism prosecution arising from the painting of what appears to be gang graffiti on an old warehouse along the railroad tracks. In order to establish guilt, a malicious intent must be shown; while this "piece" may be a gangland threat, it could also have been meant as a work of art or to convey a socially beneficial message. In any case, the building owner – one Macy Gimbel – doesn’t like it one bit and had to pay good money to repaint the building. If Gimbel is a victim, does that make defendant Tag Montague guilty of the charged crimes?

Before trial, the student lawyers will argue the constitutionality of a recently enacted prohibition of "making graphic depictions of gang affiliation." Is this new law overbroad, impinging on freedoms of expression and association?

These factual and legal questions will be answered at trials set for February and March of 2001. When they occur, WYLD will once again be playing a key role in helping these bright and eager students learn about their society and themselves.

WYLD and its members should know that their invaluable contributions are deeply appreciated by those who administer this exciting program as well as by the students who have benefited so much from them. It is hoped that this happy alliance will continue for many years to come.

Anyone seeking more information about the Mock Trial Program or wishing to volunteer to work with a team or to serve as an audience rater either for the District or State rounds, should contact program organizers at (206) 296-9362 or (360) 534-0155.

Judge Downing sits on the bench of King County Superior Court. Affiliated with the YMCA Mock Trial Program since 1989, he now serves as Chair of the Mock Trial Program Committee.

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