Shanghai
to Madison
Group
of 20 Chinese judges visits U.S. to learn about legal system
By
Jack Zemlicka
Wisconsin Law Journal
July
26, 2006
 |
Twenty
visiting judges from Shanghai have a rare opportunity to take the Supreme Court
bench during a tour at the state Capitol.
Photo by Jack Zemlicka |
Picture
a perfectly square room layered with marble from four countries, century-old mahogany
furniture and detailed murals, housed in perhaps the most recognizable building
in Wisconsin.
The
Wisconsin State Supreme Court inside the state Capitol was the perfect location
for a select group of judges from Shanghai, China, to begin their study of the
American courts system. That journey began on July 17.
After
several months of intense English-language training and testing, 20 carefully
selected Shanghai judges became the 2006 class of the Fourth Annual Seminar on
Judicial Skills Development, an honor which included a three-week stay in Madison.
The
program is a joint venture of the Shanghai People’s Court and the University
of Wisconsin’s East Asian Legal Studies Center, in close conjunction with
the state and federal judiciary.
Designed
to enhance understanding of foreign judicial systems, the initiative has grown
into a solid partnership between the United States and China and afforded representatives
the opportunity to travel abroad.
“This
program has been excellent,” stated Shirley S. Abrahamson, chief justice
of the Wisconsin Supreme Court who spoke to the judges during their visit to the
Capitol. “It’s important for Shanghai judges to learn about different
court systems, but it’s also important for our judges to learn about different
court systems.”
Dane
County judge helps prepare Chinese judges Diane
Nicks anticipated her recent business trip would be stimulating, but she didn’t
expect it to be life-changing. The
Dane County Circuit Court Judge was selected to participate in the 2006 Seminar
on Judicial Skills Development, a four-week program which began with a seven-day
visit to Shanghai, China, in June. Nicks,
along with program veterans, John Ohnesorge, assistant professor of law at the
University of Wisconsin Law School, and Gail Ibele, English as a second language
teacher at UW-Madison, made the trip to acquaint themselves with 20 Shanghai judges
chosen for this year’s seminar. The
trio’s purpose was to familiarize themselves with the Chinese judges in their
native environment and help prepare them for a three-week visit to Madison in
July.
“Personally, it was one of the most amazing experiences of my life,”
stated Nicks. “It was professionally and culturally fascinating.” In
its fourth year, the cooperative effort by the Shanghai High People's Court and
the University of Wisconsin’s East Asian Legal Studies Center in conjunction
with the state and federal judiciary, has thrived on overwhelming support. “In
each of the years, a different Dane County Judge has had the opportunity to go
to China and teach for a week,” explained Shirley S. Abrahamson, chief justice
of the Wisconsin Supreme Court. “The interest, not only in Dane County, but
from surrounding judges and in China, has been amazing.” Abrahamson
has toured Shanghai, as have both Ohnesorge and Ibele, but it was the first visit
for Nicks who was immediately overwhelmed. “Right
when we got off the plane, we were greeted by members of the High Court and I
think I had some semblance of what an ambassador felt like,” said Nicks. Also
at the airport were three judges from past years, an added surprise for Nicks
who had worked with each of them during their time in Madison. “Certainly
relationships have been built and sustained over the years and it was wonderful
to have the opportunity to see them again,” said Nicks. “We spent a
tremendous amount of time together during the program and strong bonds formed.” The
three visitors were welcomed with an elaborate ceremony in the judicial college
hall which Nick’s likened to something out of a fairytale. “I
had no idea what to expect, but the scene was something you picture out of a storybook,
said Nicks. “I was put incredibly at ease the first night and while things
were still very formal, they felt very comfortable.” The
accommodating atmosphere made the transition from the ballroom to the classroom
a smooth one. The
trio prepared discussions on the U.S. judicial system and topics like jury selection
and law trends, though Nicks ultimately found the format to be unexpectedly lecture
intensive. “I
was surprised with how little discussion took place in the classroom, but also
at how attentive the judges were,” said Nicks. “I was informed that
they are used to straight lectures for the most part and it was something a little
different for me.” The
majority of questions routinely arose in a more informal setting designed to maximize
the Shanghai judges’ English-speaking skills. “Each
night, two or three judges would eat dinner with us and we would talk about everything
from courtroom procedures to favorite movies,” said Nicks. “I was amazed
at some of the stories the judges would tell; legends and unique historical perspectives.
It was enthralling.” As
cerebrally engaging as the conversations were, the aesthetic appeal of the area
was equally captivating to the senses according to Nicks. “Our
residence was set away from Shanghai and it was like a fantasyland,” said
Nicks. “In the city, the development was unbelievable. I could never have
spent enough time there to see everything.” -
Jack Zemlicka |
With
about 3,000 active judges in Shanghai, the decision to determine which would participate
in this year’s program was a difficult one according to Charles R. Irish,
Director of the East Asian Legal Studies Center at the University of Wisconsin
Law School.
“I
think the senior judges, many of whom are not law trained or proficient in English,
serve in supervisory capacities to nominate the younger judges who show promise
as judges and as representatives of China,” stated Irish. “There is
an initial selection of 40 and then 20 are carefully selected by the senior judges
in Shanghai.
Participating
in this program is a plum, so there is certainly haggling among the decision-makers.”
Prior
to their visit, a trio of Wisconsin representatives traveled to Shanghai in June
for a week-long orientation with the judges. Program veterans John Ohnesorge,
assistant professor of law at the UW and Gail Ebele, English as a second language
instructor at UW, along with Dane County Circuit Court Judge Diane Nicks helped
prepare the Chinese judges with lectures and discussions on the U.S. courts.
The
rigorous preparation entered phase two when the 20 judges touched down in Wisconsin
and began their acclimation to American culture.
“We
are very excited to be here and when we arrived, the blue sky, white clouds and
green grass impressed us very much,” said group leader Huang Xiangqing, chief
judge of the Second Criminal Division in Shanghai’s High People’s Court.
“It’s a very pretty city.”
During
their stay, the judges will enjoy a trip to the Dane County Farmers’ Market,
an evening at Concert on the Square and a trip to Minnesota where they will take
in a Major League Baseball game. But they will primarily be involved in judicial
tours and discussions.
Several
local judges and professors will conduct trips to the Dane County Circuit Courts
and lecture on the topics of judicial ethics, intellectual property and drug treatment.
Despite
vast cultural, political and judicial differences, Xiangqing, who like the majority
of the visiting judges specializes in criminal law, anticipated a valuable experience.
“I
am, like all the judges interested in American law and American culture,”
said Xiangqing. “Of course America is the most advanced legal culture in
the world; now China is developing its own and we can learn much from other systems.”
Irish
was quick to point out that the purpose of the seminar was not to impose, but
to inform.
“The
idea behind the visit it to demonstrate what we do in terms of our judicial methods
and history,” said Irish. “We’re certainly not going in with the
mentality that we do it this way, so should you. We simply want to share our concepts
and if they can take something away from it, great.”
Chief
Justice Abrahamson opened the tutorials with an informal lecture at the Supreme
Court on July 17 where she explained the duties of the Supreme Court justices
and gave a brief history of Wisconsin law.
“When
you have to think about your own system and try to explain it to somebody else,
you understand it better,” Abrahamson said afterwards. “You get a fresh
look and can see its great strengths and sometimes its weaknesses.”
After
the discussion, cameras and smiles were flashed throughout the Supreme Court as
the Chinese judges posed on the bench and consulted Abrahamson with individual
questions.
“It
was a great honor to speak with the chief justice and we have great respect for
her and all the judges here,” said Xiangqing.
The
feeling was mutual as Abrahamson and Irish applauded the support given to the
program.
“The
support from the chief justice all the way down is outstanding,” said Irish.
“All I’ve ever had to do is make a call to say the judges are coming
in and people clear their schedules for three weeks.”
Jack
Zemlicka can be reached by email.
