NEIGHBORHOOD COURT

This is the third in 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.

To prepare for this assignment I have positioned myself as an unofficial embed inside the District Attorney’s Neighborhood Court Program as an Adjudicator. I have willingly signed a legal document called a Code of Conduct Agreement that prohibits me from disclosing any confidential information received in the course of my service to Neighborhood Court or employing such confidential information for personal gain. It is my intention to report only my experience as a panelist in ways that intentionally promote public confidence in the integrity of the Neighborhood Court process. That is my tact because it is the truth. Let’s continue with a report from the same hearing as described last week.

Case number two -Miss Flora D. - Violation: Muni Fare Evasion - Municipal Police Code 1145

Maggie greets Flora and her 8-year old daughter (who by the way, charms everyone in the room) and presents her opening statement to the offender: She reminds Flora that if the panel finds that the citation was properly issued and that if the panel can come to an agreement as to its resolution, she will instruct the DA not to pursue the case against her. However, she is told to be very, very clear that if she were charged with the same offense again within 12 calendar months from the date of this incident it may be treated as a second offense and the consequences would be far greater. Maggie introduces the panelists on her left and right as individuals from the same community that is provoked by her offense.

Flora admits that she doesn’t pay any fare most of the time because she just doesn’t think it’s fair to be charged anything at all. She thinks fares are already too high and adds that she believes the fares will continue to go up and up and ultimately they will exclude all the regular folks of her community from public transportation. Flora says she was only going two blocks with her children to pick up free food being handed out a church and wondered why it was a “big deal”.

The panelists begin to ask her questions, such as:

o Are you able to walk? “Yes.”

o Does you understand the irony in that rather than walk two blocks for free food being offered in your community you elected to break the law in your very same community? “Hadn’t thought about it.”

o Do you think you set a good example for your daughter? “No.”

o Do you want to set a good example for your daughter? “Yes.”

o Are you aware that, like demonstrated by you, there is very little community respect shown for the T-Line in your community and that that lack of respect is more common here than any other parts of the city? “No.”

o Are you aware that she is likely entitled to a free Clipper Card. “I heard the program was ended, so I just didn’t check into it”

At that point in the proceeding Maggie asked Flora and her little girl to wait in the other room while the panel considered the case and what might be done to resolve the matter. It didn’t take long. In less than five-minutes Flora was asked to rejoin the group and advised what had be decided. She was given 10-hours of community service as well as a contact number where she obtain a Clipper Card at no charge. She was to get the card and report back to the Neighborhood Court in two weeks time. Needless to say, Flora and her little girl were pleased and agreed to come in.

Next case, next week.