NEIGHBORHOOD COURT

This is the second of a series of fictionalized narratives will deal with the authentically chaotic criminal justice system in San Francisco and what our highly regarded District Attorney, George Gascón, has undertaken to discourage the endemic criminal violations that impact our city’s neighborhoods. His pilot program, called Neighborhood Court, was announced during the spring of 2011 and is now well on its way of making a difference in our lives. As a restorative justice program, Neighborhood Courts will strengthen communities undermined by criminal activity. That is Gascón’s ambitious goal.
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Not being familiar with Muni bus routes and schedules in this particular part of San Francisco, I arrive later than I had hoped at the neighborhood community center where today’s court will take place. There are only five minutes remaining before the doors will be opened and today’s session will get underway (at 1 p.m. sharp).

I am a newly trained panelist candidate here to observe the first of two Neighborhood Court sessions I must attend before I can be assigned as a Judicial Panelist in good standing. Maggie G., a seasoned volunteer adjudicator, is assigned by the DA’s office to be today’s facilitator and given the title of Judge/Arbitrator. Maggie graciously introduces herself to me as well as to Michael K. and Sarah R., the other two volunteers making up the panel. Also in attendance is Officer Max T. of the SF Police Department who assigned to this district’s station. His duties are to read aloud the police report pertaining to each case and also to provide security to the hearing as may be needed.

I’m reminded that I can only observe today’s process without making any comments or suggestions during the proceedings. It is recommended that I write down any comments, questions or suggestions that arise and discuss them with the panel at the end of the hearing day. With just a minute or two to go before opening the proceedings, Maggie includes me in her final instructions to her fellow volunteers, “Be positive, direct and honest. And by all means listen with courtesy and empathy. Okay, let’s do it.” With that we were ready to get underway.

It is announced that there are only cases scheduled to be heard during the next two hours. Not everyone charged has arrived in the outer office but there are individuals and cases to be heard at once.

Case number one - Wayne D. - Violation: Drinking in Public - Muni Police Code -21

Maggie thanks him for coming in and reminds him that this is a voluntary process and that he is free to leave at anytime. If that is his choice, she continues, his case will be sent back to the District Attorney who may charge his case and which case he will be required go into regular court and before a judge in black robes. Wayne states that he understands and that wishes to remain.

Wayne is a black male about 50-years of age who comes off as very dignified and handsome in his carefully trimmed goatee. He proudly tells the panel that he retired from the U.S. Coast Guard nearly twenty years ago and has never been able to find steady work. For “pocket money” he recycles bottles and cans. The police report states that eleven days ago he was cited for having a full and open can of beer near a church on a Sunday where parents and kids were present when he was confronted and cited by two officers on bicycles. When asked for his recollection of the circumstances, Wayne tells a sad but somewhat humorous story, to my way of thinking:

“It was about 11 a.m. and was I was pushing my shopping card full of empties down the street just like I always do. I seen an acquaintance there on my regular route and stopped to have a chat. We went to elementary school together a long time ago. Well, he gave me one empty can of beer for my collection and had just popped opened a second, when he seen two cops coming up from behind me. What he does is not say nothing but just hands me the full can and he takes off down the street and disappears around the corner. The cops that I never seen coming pull over and there I stand with the full can of beer. Like I said, I never even seen them coming.”

At that point Wayne is asked to wait outside while the panel discusses the matter. The panel quickly decides to dismiss the case. Wayne is asked to come back into the room and is given the panel’s decision. He agrees to do his collecting in the future away from where good people assemble. He thanks the panel for their understanding and leaves to go about his business. Nicely done, it seems to me.

More about today’s session to continue next time. Please stay tuned.

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