In the months leading up to my Pegasus Trust Scholarship in the States, I felt both excitement and anxiety about six weeks away from home. However, nothing could have prepared me for the number of once-in-a-lifetime-opportunities I would experience.
We arrived in Washington DC to the warmest of welcomes from Ellen DelSole, an appellate tax attorney and member of the Pegasus Executive Committee, and her husband Tim, who cooked for us and took us on a tour of the pretty town of Fairfax, VA. We also visited the Autumn festival where I tried my first corndog, snow cone and (too much) All-American lemonade.
Next, Richard Schimel – another member of the Executive Committee – treated us to a driving tour of Washington DC, visiting memorials, museums, the Exorcist steps where Father Karras met his untimely demise, and we caught our first glimpse of the White House. We were also treated to a reception at Binnalls Law firm before our formal induction.
Water Bottles
Our beautiful 500ml (17oz) Inner Temple water bottle is made from 70% recycled materials and high grade steel by Mr Bamboo Cup. It keeps your beverage cold for 24 hours or hot for 12 hours, and is fully recyclable at the end of its ten year life. A tree is planted for each bottle that is manufactured. It's a perfect gift or accessory for every occasion.
Those first few days in DC were a whirlwind, filled with generosity of both time and spirit of our hosts.
We then got our first taste of American advocacy in Montgomery County Court, where we observed family and criminal proceedings. We witnessed the use of white noise to distort conversations between the attorneys and the judge in the presence of the jury, and findings of ‘involvement’ as opposed to ‘guilt’ when dealing with juvenile defendants. As someone who represents youths in the UK criminal justice system, I was impressed by how carefully our American counterparts chose their language when dealing with children in court.
We then flew West, to Northern California. The sun was shining as we arrived in Sacramento, and so too was our host Art Scotland, a retired Court of Appeal judge.
Our first day on the West Coast was spent enjoying real American cheeseburgers from In-N-Out Burger and exploring Sacramento’s Old Town. Sadly, the beautiful Sacramento struggles with significant homelessness and drug addiction because of the increasing availability of fentanyl. Judge Scotland took us to meet Parker White, his partner Carole, and daughter Molly, who very quickly became like family (as did their gorgeous dogs, Jax, Maggie, Benji and Juno).
There isn’t space within this report to detail all of the amazing experiences Art arranged for us whilst in California, but some of the highlights include discussing diversity on the Bench with Judge Morrison England of the Sacramento Federal Court, learning about the lawmaking process at the State Capitol, experiencing “Home Court” (located inside the city’s jail) and watching Judge Brody make his way through a docket of 65 cases in one morning.
When I look back on my time in California, I cannot believe how much I learned. I had come to America knowing that there were differences between our two legal systems (the advocacy style being the most obvious), as well as cultural differences (access to abortion and the right to bear arms being the most contentious). However, I was not expecting to notice an almost complete absence of special measures – as the US Constitution protects an individual’s “Right to Confrontation”, even for child witnesses.
Also, because the States do not have the same data protection laws as the UK, everyone’s personal data is available online. Whilst this means that it is easy to obtain the previous convictions of a friend’s new partner (unlike in the UK where you would have to make an application pursuant to “Clare’s Law”), it also means that the home addresses of judges are accessible, thereby placing them at significant risk when presiding over contentious cases.
On our return to Washington DC, we were treated to a tour of the US Supreme Court, a private audience with Justice Jackson in her chambers and the AIC Celebration of Excellence gala dinner. The remainder of the week was spent visiting the Capitol Building, observing oral argument in the US Supreme Court regarding whether there exists a right for state officials to exclude and/or block individuals from accessing their social media pages, and celebrating Halloween with smores over the bonfire. We also observed excellence at the historically black college, Howard University (a personal highlight for me), a moot at the Supreme Court Institute at Georgetown University, and guilty pleas being entered in the Federal Court in relation to the January 6th riots.
We then headed to Salt Lake City in Utah for our penultimate week with our fantastic hosts Larissa and Scarlet, where we tried horseback riding and learned about the Mormon faith and culture, upon which the entire city is founded.
Whilst in Utah, I was also interested to learn that in 2020 (prior to the overturning of Roe v Wade) the state passed a trigger law in anticipation of a change in constitutional jurisprudence regarding the provision of abortions, which (if enacted) would amount to a state-wide ban. However, despite Roe’s overturning in the 2022 case of Dobbs v Jackson, a preliminary injunction blocking the trigger law was recently upheld by the state’s Court of Appeal, in what has been regarded as a particularly bold (and liberal) move, in a predominantly Republican state.
We also met with the US Attorney to discuss prosecutions in the Federal Court and the relationship between the State and 270 Federally-recognised Native American tribes. As a criminal barrister with no experience of the family courts, I was fascinated to learn that the Indian Child Welfare Act precludes a non-Indian family from adopting an Indian child.
Towards the end of the week, we were treated to a trip to the ski resort of Park City by a property attorney in Utah. We concluded the week by observing proceedings in both the District and Federal courts (including a grand jury returning their decision that a proposed prosecution could proceed) and having lunch with all five of the State Supreme Court Justices. Although short, our time in Salt Lake City was utterly fascinating and I left having learned a great deal.
We then visited Las Vegas before returning to Washington DC in time for a trip to the Pentagon, a tour of the impressive Department of Justice Building, and a fascinating meeting with the team at Georgetown University’s Prisons and Justice Initiative, before being treated to a Thanksgiving meal with by Ellen. It’s safe to say, we had a lot to be thankful for.
Whilst the Scholarship was exhausting, hard work and is categorically not a “free holiday”, I hope that this report demonstrates just what an amazing opportunity it offers. My experiences will certainly sit with me for the rest of my career.
Danielle Manson
Matrix Chambers
