Health Law Section members who wrote this year’s mock trial case, Ellen Henningsen (left) and Barbara Zabawa with Public Education Committee Chair Lindsey Draper, attended the Semifinals Award Banquet.
March 17, 2010 – Rhinelander High School won the Mock Trial state championship on Monday after narrowly beating Lodi High School. Four Health Law Section members wrote this year’s case. Based on the competing duties to warn established by Schuster v. Altenberg, 144 Wis. 2d 223 (1988), and to maintain confidentiality imposed by HIPAA, the fictitious case involves a young man with a history of suicide attempts who is again hospitalized with suicidal ideations. While hospitalized, he tells his psychiatrist that he wants to hurt his girlfriend; the psychiatrist interprets the statement as wanting to hurt the girlfriend emotionally so does not warn the girlfriend or call law enforcement. The patient is released and then kills his girlfriend and then himself. The girlfriend’s parent files suit against the psychiatrist and hospital, claiming negligence.
Like a real court proceeding, the Mock Trial competition requires enormous effort by a team of contributors. “I would like to recognize the Wisconsin Law Foundation, and the State Bar’s Litigation and Elder Law sections for their contributions to this year’s Mock Trial Program,” says Public Education Committee chair Lindsey Draper.
In particular Draper acknowledges Health Law Section members Barbara Zabawa, Ellen Henningsen, Dan Icenogle, and Adam Tutaj, who wrote this year’s case. “Writing a Mock Trial case is no small task. Months of work goes into the creation of the problem. These very dedicated people contributed much more than their time,” says Draper. “They solicited many of the 400 attorneys and judges who volunteered as judges at this year’s regional and state competitions, and as Health Law Section board members they approved financial support to further ensure a successful 2010 program. I commend them for their dedication and commitment.
“The State Bar also gratefully acknowledges the Wisconsin Supreme Court, and the hundreds of volunteer attorneys and teachers whose assistance and support ensured another successful Mock Trial year for Wisconsin,” added Draper.
About 100 high school teams compete annually in the statewide competition. Teams of six to twelve high school students follow the rules and structure of a “real” court trial to gain unique insights into the justice system. They argue a case before three-person panels of judges, composed of volunteer attorneys and judges, except for the state finals, which is presented to Wisconsin Supreme Court justices, who judge the final state-level competition.
Rhinelander will represent Wisconsin at the national Mock Trial Championship in Philadelphia in May.
