KU Law News
KU Law News
April 10, 2009
Judges impressed by students' knowledge, agility
during moot court finals
Watch video of the final round
Three Kansas Court of Appeals judges named second-year law student Bonnie Boryca best oral advocate following an hour-long final round in KU Law’s 2009 Moot Court Competition.
Boryca joined partner Stephanie Lovett and fellow finalists Ryan Schletzbaum and Andrea Morrow in presenting oral arguments on April 7 before Judges Michael B. Buser, Henry W. Green Jr. and Patrick D. McAnany. The four competitors emerged from a field of 56 second-year law students who wrote appellate briefs and presented oral arguments during preliminary rounds.
Boryca represented the respondent, the fictional city of San Teresa, which was charged in federal district court with violating the Individuals with Disabilities Education Act by denying the parents of a disabled student private school tuition reimbursement because their son had not previously attended a public school in the district. She argued that her client acted in accordance with the plain meaning of the statute, which Congress intended to limit reimbursement to only those parents of children who had previously enrolled their children in public school. Morrow represented the petitioner.
This case was consolidated with a second case involving San Teresa’s denial of a zoning permit to a religious private school that wished to expand its facilities but had recently received negative media attention over allegations that the principal had sexually abused a student. Schletzbaum represented the school; Lovett represented the city.
The judges leveled a steady stream of questions at the finalists during their arguments and were impressed by the students’ ability to think on their feet.
“We fit the model of the typical appellate or trial judge you are going to face: a judge who has no idea what you’re talking about and probably has only briefly scanned your motion or brief, and who is going to come at you from left field with a bunch of goofy questions that don’t fit the facts of your case or the applicable law,” McAnany said. “That’s the real challenge of advocacy: being light on your toes and flexible when that happens.”
The panel declared Schletzbaum and Morrow the winning team. Moot court participants Shane McCall and Grant Reichert received the award for best brief, and Lovett and Boryca were recognized for writing the second-best brief. All awards were handed out under the auspices of the Robert C. Foulston and George Siefkin Prizes for Excellence in Appellate Advocacy, sponsored by the Wichita law firm whose namesakes distinguished themselves in the field.
The Moot Court Competition, which is open to all second-year law students, requires teams to write an appellate brief and give a mock argument before the "U.S. Supreme Court." The top eight teams in the competition form KU’s Moot Court Council and represent the law school in various national and international moot court competitions during their third year.
The final round of the competition is judged by active federal and state court judges. In past final rounds, KU students have argued before U.S. Supreme Court and Kansas Supreme Court justices, U.S. Circuit and U.S. District Court judges, and Kansas appellate and trial judges. Chief Justice John G. Roberts Jr. presided over the 2008 finals.
“We see all levels of advocacy in the Court of Appeals,” McAnany said at the end of this year’s final round, “and you all rank right up there with the highest level of professional performance that we see.”