Students from 17 public and private high schools in Giles, Lawrence, Maury and Wayne counties will hear arguments in three state Supreme Court cases as participants in a program created to educate young Tennesseans about the judicial branch of government.
The 550 students and their teachers will attend a special Supreme Court session April 15 at the Giles County Courthouse in Pulaski. Each of three groups of students will hear oral arguments in one actual case, followed by a question and answer session with the attorneys for both sides in the case.
Schools participating in SCALES - an acronym for the Supreme Court Advancing Legal Education for Students – are Culleoka School, Giles County High School, Highland Christian Academy, Lawrence County High School, Richland School, Collinwood High School, Frank Hughes School, Hampshire Unit School, Mt. Pleasant High School, Santa Fe Unit School, Spring Hill High School, Wayne County High School, Columbia Central High School, Columbia Academy, Loretto High School, Summertown High School and Zion Christian Academy.
Participating students and teachers also will join the Supreme Court, local judges , attorneys and other guests for lunch and a brief program. The meal is being sponsored by Giles County banks.
Teachers whose classes are involved in the project attended a three-hour professional development session in February led by Tennessee Court of Appeals Judge Frank Clement, Jr. The session included a review of cases to be argued at SCALES. The teachers also were provided with notebooks of materials to use in their classrooms, including suggested activities, and SCALES Project handbooks for each student.
"The Tennessee Supreme Court believes that knowledge and understanding of the judicial branch of government are essential to good citizenship,” Chief Justice Frank Drowota said. “The SCALES Project is designed to educate young participants about the system they will inherit. The interaction we have with the students renews our faith that our nation’s future is in good hands.”
Circuit Court Judge Robert Jones, who is coordinating the project in Giles County , other local judges and attorneys met with participating teachers at the professional development session to schedule classroom visits to review the cases and issues to be considered by the Supreme Court. After justices rule in the cases, copies of the court's opinions will be provided to the classes and posted on the court system website at www.tsc.state.tn.us.
"The SCALES Project is important because it creates a partnership between the judiciary, the Bar and schools to promote a better understanding of the judicial branch of government," the chief justice said. "We hope that teachers will use the materials to make judicial education a continuing part of their curriculum."
The cases students will hear in Pulaski are State v. Patrick D. Collins , In Re: C.K.G., C.A.G. an C.L.G – Cindy Culpepper v. Charles Kenneth Galiwango and State v. Vincent Jackson. In the Collins case, the court will consider whether an arresting officer’s incorrect statement that Collins’ driver’s license would be suspended for one year if he refused to take a breath alcohol test satisfied the warning requirement in the implied consent law. The period of suspension actually would be two years.
Collins was charged with second offense driving under the influence. He attempted to have the prosecution barred from presenting evidence of his refusal to take a breath alcohol test because of the officer’s misinformation. The trial court judge ruled that because of the error, the state could not seek criminal or civil sanctions under the implied consent law. The Court of Criminal Appeals reversed the trial court and Collins appealed that decision.
In the Culpepper- Galiwango case, the primary issue to be considered is whether a woman who gave birth to triplets is their mother under Tennessee law even though the children are not genetically related to her. Culpepper and Galiwango had dated for several years when they decided to have children. Because of Culpepper’s age, they decided to have a child by invitro fertilization using the services of a fertility clinic.
The couple entered into an agreement and Culpepper was implanted with two embryos created by using Caliwango’s sperm to fertilize eggs donated by another woman. Soon after the triplets were born, Galiwango moved out of the house he shared with Culpepper and began to withhold financial support. He sued for custody, arguing that Culpepper was not the mother of the triplets, who now are 4-years-old.
The Juvenile Court ruled that Culpepper is the mother and awarded her joint custody with Galiwango. The Court of Appeals agreed with the Juvenile Court decision and Galiwango appealed the decision.
The case is one of first impression in Tennessee since the court has not previously considered the question of whether a woman who bears children genetically unrelated to her is the mother of the children under Tennessee law.
The Jackson case involves a murder committed during a cocaine deal. Jackson met with his victim to purchase cocaine, but the two men argued over the purchase price. Jackson shot the cocaine dealer, but claimed his victim had assaulted and threatened to kill him.
He was convicted of premeditated first degree murder and sentenced to life imprisonment. The Court of Criminal Appeals reduced the conviction to second degree murder and sent the case back to the trial court for sentencing. The state applied for and was granted permission to appeal to the Supreme Court.
Nearly 14,000 students from across Tennessee have participated in SCALES since the Supreme Court started the project in 1995.