CARLISLE, Pa. 2024 — Good attorneys know how to adjust. Penn State Dickinson Law students Morgan Donate and Camille Penman, both class of 2026, found themselves doing that as they prepared for the O’Savio Moot Court Competition.

The second-year law students said they initially misread the competition assignment email and thought they were representing the Petitioner in the case. But a week before the competition began, they realized they were actually representing the respondent. They turned that misunderstanding into an advantage, however — Donate and Penman knew both sides so well that they felt confident and prepared, they said.

The pair won the seventh annual moot court competition, held Oct. 25 in the Penn State Dickinson Apfelbaum Family Courtroom and Auditorium. They argued against fellow finalists Ben Orzolek and A.J. Fink, both class of 2026, in front of judges Honorable Albert Masland, class of 1982; Attorney Philip Bricknell, class of 2001; and Attorney Melanie Vanderau, class of 2006; who awarded Orzolek the competition’s Best Oralist award.

The week-long competition is named for Triston “Chase” O’Savio, class of 2018, who began the event during his third year at Dickinson Law.

“We worried about whether we should even continue in the competition when we realized our mix-up. But we pushed through and dedicated ourselves to the problem, turning what we did into a strength to help us figure out how to rebut our original argument,” said Penman. “You need to consider the other side’s argument to know what the argument against your side is going to be. And we happened to very much consider the other side.”

Donate said, “It was ultimately a benefit, though there was a little bit of panic mode at the time."

Arguing substantive and procedural questions

The case, chosen by Moot Court Executive Board Intraschool Competition Chair, KC Read-Fisher, Dickinson Law class of 2025, involved an interlocutory appeal. The substantive question was whether prison facilities violated a transgender inmate’s Eighth Amendment protection against cruel and unusual punishment by imposing blanket bans against gender-affirming surgery. The case also included a procedural question about whether the inmate met the requirements for the “prison mailbox rule” related to a deadline for appeal after his lawyer became ill. Donate and Penman represented the inmate, and Fink and Orzolek represented the prison facility.

“These issues are timely and important," Read-Fisher said. "This is set to be the fifth consecutive record-breaking year of state and federal legislatures introducing anti-trans bills, so it is important to understand the complexities of these arguments. They can be powerful tools to become an ally."

Twelve teams competed in this year’s competition, and each was assigned a third-year student coach to help them prep for the preliminary rounds, held Oct. 21-24. Volunteer judges, more than half of them Penn State Dickinson Law alumni, scored those rounds. The top-scoring petitioner team and the top-scoring respondent team advanced to the finals.

“This competition is fun, but it is also a lot of work,” said Read-Fisher. “Practicing the logistics of how we speak in front of others, the basics of etiquette, and the deference we show to the court without being overly deferential are all important.”

Finalists demonstrate passion and focus

The judges praised Donate and Penman’s passion for the subject and the way they presented a road map for their arguments before diving in. They applauded Fink and Orzolek for presenting a convincing, coherent argument while staying focused.

“Mock trial and moot court competitions offer a certain level of experiential learning that you do not get in the classroom,” said Fink. “I enjoy applying what we learned in class to get that light bulb moment when you think, ‘Oh, that is what it is.’”

In awarding Best Oralist, the judges noted Orzolek found a nice tempo in his arguments, not going too fast, and impressed them with his thorough knowledge of the case.

“There are so many facts and case laws, and it is hard to figure out how to weave them into your argument. But like A.J. said, when you do find that argument you are making, and you believe you have a strong case, you do your best to present it. It is tough, but it is really rewarding trying to fit the last puzzle pieces in,” said Orzolek.

Teamwork made all the difference for both pairs.

“We encouraged each other throughout the competition and kept telling each other that no matter what happens, we are proud of the work we put in,” said Penman.

Donate said, “It was rewarding to have this experience to practice our appellate advocacy, especially with all of the great judges who came.

2024 O’Savio Moot Court Competition Judges

• Heather Kelly (senior deputy attorney general, Pennsylvania Office of Attorney General for the Bureau of Consumer Protection)
• Marty Toth, class of 1988, (associate counsel, Pennsylvania General Assembly-Local Government Commission)
• Erich Greiner (deputy Attorney General, Pennsylvania)
• Hon. Tully, class of 1982, (judge, Court of Common Pleas, Dauphin County)
• Hon. Jessica E. Brewbaker, class of 2000 (judge, Court of Common Pleas, Cumberland County)
• Erica Ernst (judicial law clerk, Cumberland County)
• Michael Halkias, class of 2005 (chief public defender, Cumberland County)
• Professor Andrea Martin (Penn State Dickinson Law)
• Professor Amy Gaudion (Penn State Dickinson Law)
• Richard “Zeke” Berner (assistant district attorney, Cumberland County)
• Dean Giselle Santibañez-Bania (assistant dean for academic and student services, Penn State Dickinson Law)
• Prof. Patrick Glen (Penn State Dickinson)
• Hubert Gilroy, class of 1979 (shareholder, Martson Law Offices)
• Saad Syed (chief staff attorney, Middle District of PA)
• Professor Chris Havasy (Penn State Dickinson Law)
• Professor Megan Reismeyer (Penn State Dickinson Law)
• David Fitzsimmons, class of 1984 (attorney, ADRFitz; adjunct faculty, Penn State Dickinson Law)
• Kailey Elrod (associate, Martson Law Offices)
• Scott Lovejoy, class of 2023 (assistant public defender, Dauphin County)
• Berk Demiral, class of 2020 (attorney, Pennsylvania Department of State)
• Dean Shaakirrah Sanders (associate dean for antiracism and critical pedagogy, Penn State Dickinson Law)
• Sam Roos, class of 2024 (judicial law clerk, U.S. District Courts)
• Professor Lucy Johnston-Walsh (Penn State Dickinson Law)
• Michaela Zanis, class of 2022 (associate, Salzmann Hughes, P.C.)
• Brad Paraszcza (judicial law clerk, United States Magistrate Judge for the Middle District of Pennsylvania)
• Maddy Snyder, class of 2022 (clerk, United States Magistrate Judge for the Middle District of Pennsylvania)
• Carlo D. Marchioli (chief of appeals unit, U.S. Attorney's Office, Middle District of Pennsylvania)
• Claire Markey, class of 2020 (corporate counsel, Dominion National)
• Jesse Zilinski (judicial law clerk, U.S. District Court)
• Ella Goldman, class of 2024 (associate, Martson Law Offices)
• Brandon Toomey, class of 2014 (public defender, Cumberland County)

2024 O’Savio Moot Court Competition Participants

• Morgan Donate, Camille Penman; coach: Caitlin Godsey
• Ben Orzolek, A.J. Fink; coach: Makayla Ryland
• Keegan Foyles and Daryn Kent; coach: Gianna Corpora
• Angela Osimen, Haile Proctor; coach: Mackenzie DeVita
• Ryan Durkee, Nicole Cesanek; coach: Ben Dewhurst
• Paul Velk, Jonathan Udzinski; coach: Anjelica Singer
• Janvi Patel, Ayah Manalastas; coach: Jake Toth
• Alainah Aamir, Ayesha Iqbal; coach: Gianna Corpora
• Sanya Memon, Divya Patel; coach: Makenzie DeVita
• Sean Murphy, Jacqueline Sverha; coach Ben Dewhurst
• Valeria Castaneda, Jordan Hodess; coach Caitlin Godsey
• Maedot Tewldemdhin, Shontae Petrie; coach: Makayla Ryland

2024 O’Savio Moot Court Competition Timekeepers

• Payton Hunt
• Abigale Xu
• Aran Hamilton-Grenham
• Jessica Lacy
• Nicole Bassa Silfa
• Kayla Clare
• Liam Finnegan
• Aspen Griffing
• Jamie McClung
• Rachel Lui
• Andrew P. Lemon
• Neville Shakespeare