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| August 9, 2010 • VOL. 48, NO. 14 • Oakland, CA | |||||
![]() Joe Balbie, a member of the Jesuit Volunteer Corps serving with St. Vincent de Paul Society of Alameda County, helps a participant in the Homeless Court program prepare to go before Superior Court Judge Gordon Baranco. JOSé LUIS AGUIRRE PHOTO
Homeless Court: Breaking a vicious circle with one-time dismissals of minor infractions Alameda County Superior Court Judge Gordon Baranco forgot
his black robe, and he presided from a folding table in the St. Vincent
de Paul Society of Alameda County’s community center instead of
a bench, but his rulings at a court allowing low-income clients to pay
outstanding debts using their own personal progress as currency were quite
official.
“In place of you paying for the tickets with money, you have to show you’re striving to better yourself,” explained Joe Balbier, who spent a year of service through the Jesuit Volunteer Corps coordinating SVdP’s referrals to the program. Homeless Court is intended to break a vicious circle, Balbier said. “When you’re homeless and you can’t get a job because you have tickets, there’s no way to pay the tickets off,” he said. “By dismissing smaller charges, like running through a red light, speeding, and failure to appear in court . . . (clients) can get their license. Now that they have their license, they can go to their job, or they can take their kids to school,” he said. Baranco, an Oakland native appointed to the superior court in 1980, was instrumental in bringing the Homeless Court to Alameda County in 2004. There are 16 such programs in California, Balbier said. The judge, attorneys and staff volunteer their time for the court, which is held about every two months at SVdP, the largest of the referring agencies, Balbier said. “We are proud to be part of it,” said SVdP Executive Director Philip Arca. The court enables clients to “refocus on employment, education and the future as opposed to fines and penalties that are insurmountable,” he said. Balbier helped SVdP’s clients complete applications for the program, which include a letter describing personal progress in areas like income, housing, parenting and substance abuse, along with supporting documents like rent receipts or letters from a counselor. Kathie Barkow, the overall coordinator of Homeless Court, determines whether a client will be heard before the judge, Balbier said. Baranco took a file off his stack and called forward John Jones (not his real name) who stood respectfully at the podium beside Alameda County Public Defender Diane Bellas as she made the case for dismissing about $1,000 in outstanding tickets and fines. Alameda County Deputy District Attorney Jon Goodfellow took notes from counsel’s table across from Bellas. “Your honor, Mr. Jones has been clean and sober more than a year, is attending Narcotics Anonymous and pays child support,” Bellas said, adding that Jones was in transitional housing and worked part-time. “He attends church every Sunday, finds it very stabilizing and he is an honorably discharged veteran,” Bellas continued. Dismissal would enable Jones to pay off an outstanding loan so he can enroll in community college, she emphasized. ‘You have accepted responsibility’ After questioning Jones about veterans’ programs, Baranco closed the file. “In view of your progress, you have accepted responsibility for a lot of things that you’ve done, all of your fines and fees are dismissed . . . good luck to you,” the judge said, over applause from the other participants. Although Bellas has defended some important cases since she was appointed Public Defender in 2000, cases like Jones’s are still a big win. “This for me is like going to church . . . It’s delivering a message of hope and receiving a message of hope,” she said. That’s why Bellas handles almost all of the cases personally, and has done so since she helped launch the Homeless Court program in 2004. This was a big win for Jones, too. “It’s a monkey off my back,” he said as he left his exit interview with volunteers onsite to provide information on next steps, like obtaining auto insurance or paying child support. “I’m so glad this program exists. Being in front of the judge was a little nerve-wracking,” he said, but “it was so well worth the effort I put into it.” Now, Jones said, he can turn his efforts toward getting back to school and making money. “I’m trying to have multiple sources of income,” he said, pulling from his pocket some business cards he printed for freelance computer work. “I’ve actually gotten a little business that way,” he said. And because clients can only go through Homeless Court once, Jones said he will avoid more tickets and fines: “It’s a good deterrent.” Bellas agreed, saying she believes that roughly 75 percent of clients do not return to the justice system. “Our recidivism rate is lower than that of almost any other justice program,” she said. Baranco urged participants to stay out of the justice system, but he also told them to keeping moving forward. “Whatever your next step is and whatever it is you’re recovering from . . . we hope, as you hope, that you just keep it up. No one is perfect, but we hope you keep doing what you’re doing,” Baranco said. back to top |
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