Peer justice

By Lauren Ober / The Citizen

Monday, August 30, 2004 11:25 AM EDT

Connor Entenmann's feet barely touch the floor as he sits in the jury box in Judge Michael McKeon's courtroom. He doesn't exactly look like your typical juror, but then this isn't an average courtroom.
The 12-year-old East Middle School student is taking part in an exercise called Cayuga County Youth Court, where students adjudicate their peers. In Judge McKeon's courtroom one Wednesday a month, the youths outnumber the adults. They are judge, and jury, prosecutor and public defender.

But this is no Judge Judy or Judge Mathis television courtroom situation. This is serious business, with a sentence that must be completed by the defendant or he or she risks returning to juvenile court where a real judge might not be as sympathetic as the offender's peers.

The youth court idea has been around for a while, though it's been in Auburn for eight years. The program is administered through Cayuga Counseling Services and run by Pat McCarthy, the program coordinator for youth enrichment services. McCarthy has about 35 youths who participate and serve in all roles in the court, though in the summer, attendance is a bit thin.

Youth court works as an alternative to the juvenile justice system by essentially fast-tracking select cases referred by caseworkers involving offenders aged 7 to 15. The offender has to have committed a misdemeanor or other violation and be willing to admit guilt. It is then the job of the student lawyers, judges and jurors to determine an appropriate punishment based on the circumstances surrounding the offense.

On a sunny Wednesday afternoon, the court hears the case of a boy charged with petit larceny for stealing liquor, candy and juice from Wegman's. All proceedings in Youth Court are confidential and participants may not talk about the cases they hear outside the court setting.

The courtroom is a bit big for the case, as there only three jurors, a judge, a bailiff, two attorneys and the defendant. The defendant listens as Bailiff Alanna Sedor calls the court to order, though his head falls as Judge Aaliyah Muhammad opens the court with her remarks.

The court activities are primarily scripted to give the feel of an official court proceeding, though the prosecution and defense do get an opportunity to make their cases. Judge Muhammad reads from the arraignment procedures.

"At this time I will read you your rights and advantages of coming to youth court. Your rights of coming to youth court are: You have the right to a proper Youth Court procedure. You have the right to a quick and uncomplicated Youth Court hearing. A trained Youth Court defense counsel will represent you. You have the right to an unbiased Youth Court procedure. You have the right to have your parents or guardians present."

Once the defendant acknowledges he understands his rights, the court may proceed. In McCarthy's opinion, the main advantage of Youth Court for the defendant is the fact that the matter does not go into the Family Court system and the defendant is not labeled a juvenile delinquent.

The proceedings play out just like a regular courtroom, but with far less drama and posturing. The kids are there to do a job and do it expeditiously. If only the O.J. Simpson case had been tried in Youth Court.

The prosecutor, Mark Sobierajski, a senior at Auburn High School states his case against the defendant and proposes a punishment that fits the crime: 30 hours of community service, three days serving jury duty in Youth Court and an essay about why stealing is wrong.

With his blue-tinged Mohawk, the 17-year-old doesn't look much like a lawyer, but for now he can get away with it - Judge Muhammad isn't too strict.

The defense counsel, Dustin Sedor, a junior at AHS, counters the prosecution's case with mitigating factors in the case and recommends the jury consider a lesser sentence of 15 hours of community service and one day of jury duty.

At the end of the whip-fast proceedings, the jury, after considering statements from prosecution, defense counsel and the accused, metes out a sentence of 25 hours of community service to be served at the Novel Idea Bookstore or Cayuga Counseling Service, and two days of jury duty in youth court.

Entenmann, one of the three teen jurors, served on the jury the first time he participated in a court session. The experience wasn't at all what he anticipated from watching courtroom dramas and movies.

"It was different. It wasn't what I expected. I thought there would be an older judge," said Entenmann, who got involved because his cousins, Alanna and Dustin, participated.

Kailee Tkacz and Janielle Viggiano, both sophomores at AHS, make up the rest of the jury. Both heard about Youth Court from a friend who was in it and decided to give it a try.

"I've thought about being a lawyer and it's a neat experience to be in the courtroom," Tkacz said.

McCarthy wants the kids involved in Youth Court to enjoy the experience and to learn about the law, but primarily she wants to ensure that the child defendants don't end up in Family Court, or worse, ever again.

"There are some you just won't help, who are not self-correcting. But I've seen it do a good job with kids. Some even come back and join Youth Court," she said. "It gives kids a second chance."

Staff writer Lauren Ober can be reached at 253-5311 ext. 245 or lauren.ober@lee.net.

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