Last fall, 20 high school students from Alexandria City High School traveled to the U.S. Bankruptcy Courthouse in Alexandria, Virginia to participate in the Civil Discourse and Difficult Decisions program, a national initiative of the U.S. Courts. Through simulated legal proceedings in federal courthouses, students participating in the program practiced listening with
an open mind, showing respect for the opinions of others, and finding common ground in areas of disagreement.
Jessica Carmichael is a federal criminal defense lawyer based in Alexandria, Virginia, and served as one of the volunteer attorneys for the program.
What inspired you to become a lawyer?
I do not come from a family of lawyers. No one in my immediate or extended family are lawyers. My mother was a public-school teacher, and my father an engineer in mid-level management. The idea of going to law school was initially raised by my mother.
She often expressed a reverence for our legal system, having been raised by my Holocaust-surviving grandparents who emigrated from Hungary to the United States as refugees shortly before her birth. She admired great lawyers and many of the causes
they fought for. Her hero was Atticus Finch. In reality, my mom’s suggestion that I pursue a legal career more likely stemmed from a desire to channel my constant back-talking and quick retorts in a more productive direction. In any event,
with her encouragement, I joined our high school’s fledgling mock trial team in Lexington, Kentucky. We had no coach, no experience, and no instruction. We were just a group of misfit students all with a common interest of arguing a case in
court. In our first competition we didn’t object once, and froze when the other teams did. I’m not sure we even knew what the rules of evidence were. But we watched, learned, and were encouraged by the judges who provided feedback for
improvement. From there, my involvement in some type of advocacy, real or fictional, never slowed.
The causes I now advance as a criminal defense attorney are not the lustrous, sweeping causes of annals I heard about as a child; they are advocacy on an individual level. But I hope I have made her proud. And in some small way I hope I have honored my
grandparents’ harrowing survival as well as those in my family who didn’t make it by speaking out for clients even when it is not popular, but because it is right.
What effect did the Civil Discourse program have on your perspective regarding civil discourse and its importance in our society?
The knowledge, skill, and engagement the students showed in the Civil Discourse program astounded me. At a time of extreme polarization and incivility, the program gave me hope for future generations. Hearing the students debate and listen to each other,
while respectfully advocating for their positions, and then creating new arguments built on the logic advanced by their peers, highlighted the productivity that results from civil discourse.
Jessica explains her role as a federal criminal defense lawyer at the Civil Discourse Program.
National Education Outreach Manager Rebecca Fanning, Administrative Office of U.S. Courts, says that “the world belongs to those who follow up.” One of the ACHS students contacted you after the program to ask if she could complete her senior experience project by spending two weeks at your law firm.
I love this saying and I think it is so true. Following up is critical. At the end of the Civil Discourse program that day, one of the ACHS students approached me, saying that she was interested in a career in criminal defense. She asked if it would be
possible to shadow me for her two-week senior experience. I gladly provided her with my contact information and suggested that she reach out to me when she had more information and the dates. I wondered if I would hear from her again.
Months later, this student followed up, sending an email with the information on her senior experience program and again requesting to learn more about a career in criminal defense. Excited about the opportunity to share a small insight into this universe,
I readily agreed, and began to try to line up projects that would give her as much exposure as possible.
Jessica helping the student participants prepare for oral argument at the Civil Discourse program
What was your initial reaction to the student’s request, and how did you create a meaningful experience for this student?
I did feel a sense of responsibility that was broader than simply overseeing this student for two weeks. She expressed genuine interest in our profession. She is the next generation, and a smart, motivated young woman who would undoubtedly
be an asset to our community. I wanted to meaningfully foster her enthusiasm. I knew that would not be achieved through hours of document review or other mundane tasks, and since I did not have much in-court time scheduled for those
particular weeks, I relied on my colleagues’ help. I am so grateful for the community of other criminal defense practitioners in Northern Virginia and D.C. who share similar passions and provide essential advice in support when days get rough.
As always, they came through. Many of them responded to my request for assistance, and ultimately they helped create an engaging two weeks for this student. Several phenomenal attorneys had federal trials scheduled during her time with us. She shadowed
two of them for three days, met with their client and his family, listened in on the attorneys’ trial preparation, and watched the case unfold. The feedback I received from her after this experience was the sustained enthusiasm I had hoped for.
Even if she does not eventually work in criminal defense, or even become an attorney, I believe that she gained something meaningful from the experience.
How can the court system and legal professionals create more opportunities like this for young people?
Judge Keenan, the teachers at ACHS, and the other volunteers who participated in assembling the Civil Discourse and Difficult Decisions Program did a phenomenal job of creating a strong program. It fostered students’ interest in the legal system,
motivated them to think critically, and encouraged them to use well-reasoned arguments to advance their positions. I think the students impressed themselves and each other with how well they were able to develop and respond to arguments.
Programs like Civil Discourse cannot occur every day; they require significant preparation and resources. However, inviting more students into the courtrooms, even just to observe, can have a positive impact as well. I remember watching court on my first
day as a law clerk and being astounded at the advocacy unfolding before me and the way in which the people there were affected by the outcomes. I knew I wanted to be a part of that process. Others who observe may become similarly motivated. Even if
not part of the courtroom process, they may be inspired to engage in other meaningful work that involves discourse to positively impact their communities.
Judge Keenan, attorney volunteers, and ACHS participants at the Civil Discourse program.
Signing on to become a judge at local advocacy competitions such as mock trial and moot court competitions can create similar opportunities. The advice and guidance I received from the many practitioners and judges who volunteered to judge our school
competitions over the years slowly shaped my inexperience into more effective advocacy. That they each enjoyed their jobs enough to volunteer their time in the evenings and weekends reinforced my desire to be part of the legal profession. Their enthusiasm
fed mine.
I suppose that all of this is just ultimately to say that I believe that as Judges or lawyers, any time we enthusiastically engage with young people on the topic of our careers it can foster the idea that expressing oneself in a reasoned, thoughtful way
is both fulfilling and productive, in many contexts, not necessarily confined to the legal profession.
These moments of engagement do not have to be grand. My children are still small (10, 8, and 2) but I try to instill this idea in them even now. In times when I am proud, disappointed, and other situations in between, I will write a note to them to express
my thoughts. They have reciprocated, typically when they are mad at me or want to express an injustice that they feel was unfairly inflicted upon them. My oldest (for better or worse) has learned that it works. He was recently upset that on school
picture day I would not allow him to wear a t-shirt that he had hand-decorated by drawing his favorite characters all over with fabric pens. After failing to convince me in the moment, he retreated to his room to draft “reasons why I should
be allowed to wear my shirt to picture day,” a list which he presented to me five minutes later:
- I spent a lot of time decorating this shirt.
- Other kids will be wearing what they want.
- It is my school picture.
- It is art.
Of course he was allowed to wear the shirt. And of course it is now one of my favorite school pictures.