Youth Court being proposed by the Mahoning County Juvenile Justice Center

[tony]

New Legal Force to End Racism in Juvenile Justice and Child Welfare

(WASHINGTON, D.C.) — A new legal force launched by TimeBanks USA aims to bring the ineffective and expensive rote practice of sending minority youth to confinement to a screeching halt. Using a new legal strategy making it easier to prove intent to discriminate, the TimeBanks Racial Justice Initiative will begin putting judges and their communities on formal notice of the injuries resulting from juvenile confinement practices and of much more effective and affordable alternatives.

http://tbusa.org/hearing/media-kit/

Best Wishes,
TonyBudak@TBMW.org
www.tbmw.org

"Failure is impossible" - Susan B. Anthony

[tony]

EXECUTIVE SUMMARY

An Offer They Can't Refuse: Racial Disparity in Juvenile Justice and Deliberate Indifference Meet Alternatives that Work
To be published in the UDC Law Review October, 2009

by Edgar Cahn1 and Cynthia Robbins2

Juveniles of color are more likely than their white counterparts to be rrested, referred to juvenile court rather than to diversion programs, charged, waived to adult court, detained pre‐trial and locked up at disposition. There is ample documentation of Disproportionate Minority Contact (DMC) and a substantial body of knowledge about ways to reduce and even eliminate DMC. Nonetheless DMC persists.

Judicial relief has not been forthcoming because the requirement for injured parties to prove discriminatory intent set forth in Washington v. Davis, 426 U.S. 229 (1976) has thwarted efforts to dismantle structural racism stemming from the systematic practices and policies of governmental agencies.

This Article proposes a way to meet the intent requirement, utilizing the test supplied in City of Canton v. Harris, 489 U.S. 378 (1989)that intent can be inferred when government policymakers decide among alternatives to follow an injurious course of action, demonstrating a "deliberate indifference" to rights protected by the United States Constitution and federal laws.

This Article contends that failure to use knowledge about effective, validated and cheaper alternatives that reduce or eliminate DMC constitutes "deliberate indifference" that gives rise to liability under 42 USC §1983. Once put on formal notice of the racially disparate injury that flows from present practice and the availability of effective, validated, and less expensive alternatives, the decision to continue present practice with knowledge of the consequences constitutes "deliberate indifference."

An extensive body of knowledge has emerged over the past fifteen years that would save vast amounts of money, reduce DMC, and mitigate its most injurious manifestation: the use of detention and confinement of minority youth. Officials have an obligation to make use of knowledge where existing practices have a disproportionately injurious impact on youth of color. When official decision‐makers have had formal notice of alternatives that are less costly, that yield significant, sustained effects, have earned designation as empirically validated or evidence based, failure to use these alternatives
represents "intentional disregard" of injury to the fundamental constitutional rights for youth of color in the juvenile justice system.

This Article summarizes the legal argument and precedent, provides a brief overview of practices that would reduce or eliminate DMC, lays out a pre‐litigation process designed to confront officials with the explicit choice to use or fail to use effective practices and describes two highly successful alternatives to secure confinement with which the authors have personal knowledge.


1 Distinguished Professor of Law, UDC David A. Clarke School of Law; Founder, TimeBanks USA
2 Consultant, Nonprofit Organizational Development, Philanthropy and Education

[tony]

TimeBanks USA
Requests Your Presence in Madison, Wisconsin
Friday, June 26, 2009
8:30am‐12:30pm

A hearing to address race-based disparate impact in the juvenile justice and child welfare systems

This hearing is part of the collaborative development of a new legal strategy to redress racial disparity in the juvenile justice and child welfare systems. Involvement in these systems can cause traumatic and crippling injuries with life‐long consequences for the young people, their families and the broader community. The critical barrier to past relief has been the requirement to prove government officials' intent to discriminate. A generous planning grant from the WK Kellogg Foundation has made the preliminary work possible.

We hope you will plan to participate in our inaugural hearing on June 26, and in the work that follows, designed to prove intent by putting officials on formal notice of cost‐effective alternatives that work. We posit that if officials receive formal notice of alternatives, and then choose to continue present practices, it will constitute intentional disregard of the rights of children and juveniles to the Equal Protection of the law.

We invite you to be one of a select group of subject matter experts, practitioners, administrators, advocates, legislators, legal professionals, youth from the system, and other stakeholders who will gather in Madison to bear witness to the injuries inflicted by current practices and to share testimony about demonstrably effective alternatives that enlist children, youth and their families as active co‐producers of communities that work. This hearing will be an integral part of the 2009 TimeBanks USA Conference: A Time for Justice, A Wealth of Opportunity.

For more information on the conference, please visit http://www.tbusa.org .

Hearing topics include:
• documenting the injuries for young people, their families and the broader community
• highlighting the social and economic costs of maintaining the status quo
• showcasing what works to secure just outcomes for young people, their families and the broader community

For more information, please visit http://www.tbusa.org/hearing/ after April 17, 2009. To RSVP, please email madisonhearing@gmail.com.

Sincerely,
Edgar Cahn
Founder, Time Banks USA
Co-Team Leader, TBUSA
Civil Rights Initiative

Cynthia Robbins
Co-Team Leader
Time Banks USA
Civil Rights Initiative

Christine Gray
Executive Director
Time Banks USA

[rusty river]

This sounds like a great program that could have a very positive effect on the local youth.

[tony]

A Trip To Teen Court
       On Thursday April 30, a number of folks from the Mahoning Valley made a trip to the Stark County Teen Court in Canton.

       We arrived about 3:00 p.m.  For the next hour and a half, one of the judges in charge of the program and two of his assistants described the program to us.  Then from 4:30 to around 6 p.m. we watched two cases.

       The Teen Court combines the Domestic and Juvenile divisions of the regular court system.  It is an alternative to traditional Juvenile Court proceedings for first-time nonviolent offenders. 

       Teen Court uses a jury of peers as its main tool.  Members of the jury are recruited from area public high schools.  Care is taken to make sure that members of the jury, and defendants attend different high schools.  The program seeks to recruit as jurors a cross section of young people.  A juror must be recommended by two teachers and have parental consent.  The work load is about four hours a week for sixteen weeks.
       
What Happens In Teen Court?
       Juveniles are referred to the Teen Court but participation is voluntary.  At present, about one in three juvenile cases are handled through the more informal Teen Court process.  In order to take part, the defendant must be under 18, have the consent of parents or guardians, and "admit involvement with the charge."  The Stark County Teen Court meets weekly, in the evening, in Canton.  Hearings are also held in Massillon and Alliance.   

       There is an adult Hearing Officer.  The prosecuting attorney, defense attorney, and bailiff and jurors are teenagers.  All youthful participants in the process undergo training, and there are checklists enumerating the responsibilities of each role (member of the jury, prosecuting attorney, etc.)  The defendant's parents are invited to sit behind him, or her, and to take part in the proceedings.

       The bailiff introduces the defendant to the jury and informs the jury of the charge.  After the prosecutor and defense counsel present their cases, the defendant and the defendant's parents are given an opportunity to speak.  The jury then deliberates and recommends a sentence, together with a time frame within which the tasks listed in the sentence must be completed, usually 45-60 days.  The average case takes about one half hour. 

       Dispositions or sentences may involve an apology, restitution, community service, or an essay of a designated type.  A conscious attempt is made to build on the defendant's strengths in assigning next steps.  In general, sentencing in Teen Court seeks "restorative justice," not punishment. One description of Teen Court philosophy says:  "Crime is a wound.  Therefore, justice must be healing."

       If a defendant completes his or her tasks satisfactorily, nothing appears on that individual's record.  If the sentence is not completed the defendant must appear before a Judge or Magistrate in the regular Juvenile Court system.  According to staff, the recidivism   rate for those completing the program is lower than for cases that go through Juvenile Court. 

       The Teen Court in Canton has been in operation since 1996.  Over 1,000 defendants have appeared before over 350 members of juries.

Two Cases
       Teen Court proceedings are confidential, in the sense that the defendant's last name may not be mentioned, but the public is invited to be present.  We heard two cases, one of a boy 13 years old who had engaged in petty theft, the other concerning a 17-year-old boy who had broken into several parked cars at night.

       At the end of the second case, two members of the jury addressed the defendant with statements of encouragement.  It seemed the defendant wanted to become an auto mechanic, and go to technical college to make that possible.  One of the encouraging jury members said he had two uncles who were skilled mechanics but had destroyed their lives with drugs and alcohol.

Could We Do It In Youngstown?
       It seemed that all of us from the Mahoning Valley came back from Canton with the desire to create a Teen Court in Youngstown.  Judge Dellick believes we can have it up and running by October.

       Necessary staff positions for a Teen Court courtroom are Hearing Officer, Exit Interviewer, and Security.  When the Teen Court got started in Canton, several staff members who now are paid served as volunteers.  Beyond courtroom staff, it would appear that many more adults could help out as tutors in school subjects or other kinds of mentors.

Staughton Lynd   

[tony]

Up Date: TimeBank Youth Court

Judge Theresa Dellick recently spoke to Judge David E. Stucki, the
Senior Judge of the Stark County Family Court in Canton, Ohio. Judge
Stucki has agreed to allow our group to observe the Stark County Teen
Court program in operation.

So please mark your calendars, Thursday, April 30, 2009.

We anticipate a car pool leaving from the McDonald's/Speedway parking
lot located at the intersection of Interstate 80 and Route 46 at 2:00
PM. We will arrive at the Stark County Family Court building around
3:00 PM

If you wish to go, Please RSVP TonyBudak@CLNews.org

Cheers,
Tony Budak

[tony]

Lets Get Off the Conveyor Belt

"The juvenile justice system was acting as a conveyor belt for the adult
justice system," says Cahn, noting that most adult criminals in the District
(as elsewhere) first interact with the system before turning 18.
----------------------------------------------------------------------
TimeBank Youth Court - A Call for Leadership

Judge Theresa Dellick, Mahoning County Juvenile Justice Center, is interested
in developing a deversion program at the Court. The Youth Court would serve
and be administered by teens using a peer to peer model. This model seeks
to convert a youth's early law encounters into a turning point by enhancing
self-esteem, decision-making skills and commitment to the community.

Will you take the next step? Do you want to be a part of making the
TimeBank Youth Court a deversion The position is for more than one,
hopefully two or even three individuals in a team effort. This activity
is meant to be no stress and enjoyable.

Currently there is a back log of people wanting to join both the
TimeBank and the Youth Court. You will interview, record skill set
abilities, and train individuals in the use of Time Credits. Simply put,
I would train you to then interview and process individuals into active
TimeBank and or Youth Court members.

As a Communicator you will be providing the most important
leadership role in the Time Bank Youth Court project. The person who
takes on this role is the classic "people person." This role needs to
be filled to provide the initial direction that later will established the Youth
Courts oversight, and administration programs.

~~They are responsible for administration of both the TimeBank Youth
Court accounts payable and a TimeBank email list service.

~~They love to get to know people's stories and people often end up
being surprised how much they shared.

~~They intuitively grasp people's best qualities and aren't picky about
(or blind to) people's foibles. They also have a good sense of who will
like each other.

~~They are asset mappers. They enjoy helping people find their skills
and matching them with others who need them.

The work will always be at your selected time and place. You must have a
computer, be able to email and browse the internet. All your service
hours a will be rewarded in time credits which you may spend for a
service from the TimeBank community market place.

If you are interested or just wish to know more, please contact me?

Best Wishes and Cheers,
Tony Budak

TonyBudak@tbmw.org

[tony]

23 individuals signed on, at this past Saturday's presentation and call
for participants to provide help in creating a TimeBank Youth Court.

If you wish to help your community make this diversion program real, please send your name and email address to me TonyBudak@tbmw.org or Judge Theresa Dellick, tdellick@mahoningcountyoh.gov

[kenneyjoe330]

I am truly sorry I could not make it to the meeting.  If you would please inform us on how the meeting went - I know I am interested and I am sure others are also

[john r. swierz]

       I proposed a "Teen Court" over 10 years ago.  As a member of city councils Education Committee I meet with several members of the city school board and the JJC. We went to observe the Franklin County Teen Court in Columbus. The cost at the time was estimated at approx. $50,000 a year . The project was derailed by the members of the school board who refused to share in the cost.  I wholeheartily support  this type of court, and would  be available to assist if needed.

[tony]

Youths could be judged by peers
http://www.vindy.com/news/2009/mar/27/youths-could-be-judged-by-peers/

New court banks on community's concern to help young offenders
http://www.vindy.com/news/2009/mar/29/new-court-banks-on-community821...

23 individuals signed on, at this past Saturday's presentation and call
for participants to provide help in creating a TimeBank Youth Court.

[tony]

TIMEBANK YOUTH COURT

When a young adult (ages 12 to 17) is ticketed by a police officer, he or she is summoned to court to pay a fine and/or receive a punishment, and the police contact stays on their record.

The Timebank Youth Court presents an alternative. If the young adult accepts guilt for the ticketed offense and wants to learn from the problem, he or she may be referred to Youth Court and ask a jury of his or her peers to decide a consequence for the offense. If the young adult attends the Youth Court session and follows through with the consequences, then the ticket and police contact will be removed from his or her record.

See more in the attached PDF file.

Please pass this call to those in our community that you think may wish to divert teens off the road leading to prison.

[tony]

Only with your help can we create a community youth diversion project.

A Timebank Youth Court aims to involve community members of all ages in the process of applying restorative justice, addressing wrongs to the community, and helping young people succeed.

There is much to do i.e., mentor a respondent or juror, teach a life skills class, provide a service opportunity, help staff the court, tutor jurors or respondents, join the TimeBank and share your skills and talents with youth or those who support them.

Our community needs your participation, please attend the March 28, discussion to learn more and to help organize a Timebank Youth Court.

[tony]

Dear Community Leaders, Organizers, Activists, and Friends,

We invite you to attend a discussion about a new Youth Court being proposed by the Mahoning County Juvenile Justice Center.

Saturday, March 28, 2008, at 1P.M.
St. Augustine's Episcopal Church, 
614 Parmalee Ave.
(just north of St. Elizabeth Hospital
across from Emergency Entrance)
Youngstown, Ohio

The focus of the event is to learn about Time Bank Youth Court (TBYC). Judge Dellick is interested in developing the program at the Court.  The Youth Court would serve and be administered by teens using a peer to peer model. This model seeks to convert a youth's early law encounters into a turning point by enhancing self-esteem, decision-making skills and commitment to the community.

Please come and share your thoughts and time.

The Honorable Theresa Dellick,
Mahoning County Court of Common Pleas, Juvenile Division,

Tony Budak, Coordinator,
Time Bank Mahoning Watershed an independent grass-roots, non-profit organization that promotes and enables sharing skills and time among its members. To learn more see,
www.tbmw.org

For additional information and to RSVP contact
Tony Budak, 330-716-2722,
or email TonyBudak@clnews.org