on Juvenile Justice……

 

I just finished reading a book called “How to Live: A Search for Wisdom from Old People (while they are still on this earth)” by Henry Alford; long have I been a sucker for anecdotal wisdom from those who have been on this planet decades longer than myself. I don’t think there was one person whom the journalist/author interviewed that professed to having been wise since birth, giving the impression (and not a very unique one at that) that wisdom comes with age and presumably experiences. While I was reading this book, I thought of a story a friend had told me recently.This friend is an MSW student at one of the many other social works in NYC and through her field placement, she often comes across individuals who are involved in the criminal justice system. One of the clients she met with recently was just 16 when he was sentenced to 10 years in prison. Now the young man is 26 and, for all intents and purposes, just beginning his life. I don’t know about all of you, but I believe I can say with some confidence that I was considerably more wise at 26 than I was 16. The experiences I garnered in those 10 years have provided invaluable lessons that still influence the decisions I make now, at 29. For example at 17, I learned that I do not look good as a redhead. At 29, my hair remains its natural color, brown. At 18, I learned that I can survive out from under my parent’s roof. At 22, that lesson served me as I hopped into the passenger seat of a friend’s car and moved across the country to California. It played a role as well in my decision, 3.5 years later, to leave California and head here to New York City. Lessons like these (and a boatload of others) come over time when one has the freedom to make their own decisions, for better or worse. These are not things my friend’s client could learn inside a jail cell. Sure, there are things he learned that I (hopefully) will never have to learn, those being hard lessons learned about surviving in prison, no doubt;.  but those regular little lessons, the silly experiences that cause personal growth, my friend’s client was stripped of those when the judge ordered he be locked in prison for the next 10 years of his young life.

There is a growing debate in this country about the nature of the juvenile justice system. One that we should certainly have an eye on.  In the last five years, the Supreme Court of the United States has issued two important decisions on this matter. The first came in the matter of Graham v. Florida in 2010. This ruling established that juveniles could not be given life sentence for crimes not involving a homicide. The New York Times recently published this article (to which I posted the link last week) discussing a loophole defense invoked by some states, exorbitantly long sentences like 70 or 90 years are not technically “life sentences.”  Common sense would dictate that they are. The second ruling stemmed from Miller v. Alabama in 2012. This decision dictated that juveniles who committed homicide could not automatically be assigned life sentences. The Juvenile Law Center reports that 2,600 inmates nationwide are serving life sentence for crimes committed as a juvenile.

At the heart of these Supreme Court decisions is the idea that youthful offenders should be given a ““meaningful opportunity for release based on demonstrated maturity and rehabilitation.”   I interpret that (and I’m no Supreme Court Justice) as the chance to grow and improve with age. If I was still being punished for the rash decisions I made in my youth, I would still have red hair. I know its not as simple as that, and certainly, there are offenses that a youth can commit that demand severe punishment. But shouldn’t there be a chance for a future? In New York City, we have the Division of Youth and Family Justice whose goal is to work with families and youth to break patterns of recidivism and put youth offenders on the path to successful adulthood. This is the sort of program my friend’s client probably would have benefited from instead of a jail sentence. Just today, I read this article about “Girl’s Court” in Alameda County, California. Their objective is much the same, except the focus is exclusively on young female offenders. I’m of the opinion, though, that the wonderful work that is being done in  these juvenile justice courts and detention centers should have begun earlier in the office of a social worker; someone who can see the systemic and individual barriers facing these offenders (prior to them becoming such) and help identify the strengths they can use to overcome them to achieve positive outcomes.  I think this reform and debate is brilliant but its reactive and some may  argue –  too little, too late. How about us, social workers, take a different approach and start at the other end, doing some preventative work? Maybe then we could meet in the middle at a just juvenile justice system …. what do you think?

A little extra reading if you are so inclined: Racial Disparities in the Juvenile Justice System , New Trial Sought for George Stinney, executed at 14

 

On filing fees….(or something more clever)

With the start of a new semester looming, I’ve found myself a little, ehhh, lazy (to put it mildly) this past week. So, in an effort to concern what little energy I have for the demands of my job and my field placement, I picked a nice straight forward topic for this week: Applying for Poor Person Status (terribly named, I know). I’m sure it’s not shocking to anyone reading this that there are filing fees associated with starting a court case, with filing a motion, with picking up a certified copy of a court’s order, etc.  What may surprise some of the more naive folks is the fact that these fees are not minimal. In fact, they are downright hefty. For people with low income (ie: many of our clients), the courts fee would certainly be prohibitive for starting a court case and so the courts in New York State (and everywhere else, I’m sure) have set up a way for people who qualify to become exempt from paying fees (certain other expenses may occur depending on the type of case you are involved in). In order to qualify for the fee exemption, a person must file an application for such. The first step of application is filling out an Affidavit in Support of Application to Proceed as a Poor Person. A sample can be found here. The affidavit is fairly extensive. It should contain information about what it is that you are trying to file with the court, what your income and assets are as well as information about dependents and extraordinary expenses. Anything sworn to in the affidavit should be backed up with documentation like pay stubs, tax returns, receipts etc.  The affidavit must then be signed in front of a notary public. You must also provide a filled in Poor Person Order. The form looks like this. The Judge will sign this, not you. If you are just starting the case, you will likely also have to file a Request for Judicial Intervention (RJI). Find a sample here. The next step is to take the affidavit with supporting documentation, poor person order and the document you are trying to avoid paying the fees for filing (for example: a summons with notice, summons and complaint or a motion) accompanied by your RJI down to the county clerk’s office located in the Supreme Courthouse in each county. The clerks will direct you from there.  Just a side note: The court will take the original, MAKE COPIES. In my experience with clients, it takes anywhere from two weeks to a month to learn if you qualify. You will have to go down the courthouse again to pick up the signed Poor Person Order once it is signed by the Judge. If Poor Person status is granted, then the person is exempt from fees throughout the case. Though, I can assure you will be necessary to remind the clerk of your status every time something is filed.

A second side note: If your client is being represented by an organization that provides free legal services, it is likely their lawyer can submit a Poor Person Certification on their behalf and they will be able to avoid this whole application process.

And a third: Family Court has no filing fees.

PS: here’s some articles of interest:

Juveniles Facing Lifelong Terms Despite Rulings

An update on Detroit.

Lawyers and depression sounds like study is in order….

 

On my hometown and the courts….. The Final Act (I swear)

The thing that sort of touched off my desire to write this series on Detroit was coming across this article in the Free Press that was sitting on my parent’s coffee table. Oddly enough (or maybe not) it wasn’t the plight of the widows featured in the article that really propelled me though. It was the fact that the article was written at all. To me, the story seemed like a calculated attempt to put a compelling face on the story of the dwindling pension fund. As social workers we know, widows have historically been a group deemed “deserving” of our support.  The more I researched the story online, the more often I started noticing this pop up in the ads displayed on my pages (I know you are watching Google), a video created by the American Federation of State, County and Municipal Employees (AFSME). The video led me to this site, Stand with Detroit also featuring stories of the folks whose pensions were under threat. The more I researched, the more evidence I found to support my theory that  the people of Detroit were organizing to stand up for themselves and their futures and the more I believed that social services organizations were playing a role in that. Immediately following the rulings from Judge Rhodes back in December ( remember way back when I started this real lengthy series?), AFSME announced its’ intentions to file an appeal of the ruling. Several unions in the Detroit area joined suit. The US Bankruptcy Court for the Eastern District of Michigan has devoted its own page to the City of Detroit’s case. A look at adversary proceedings indicate that two lawsuits (probably appeals but I’m not privy to looking at the papers) have been filed by retiree organizations, the Official Committee of Retirees of the City of Detroit and the Retired Detroit Police and Fire Fighters Association. Other suits have been filed regarding the loss of health care.  Its this sort of vocalizing of distress, I think, that led to this: $330M Pledged to Save Pensions and DIA Artwork from Detroit Bankruptcy. $330M donated by 9 foundations including the New York based Ford Foundation as well as local organizations like the McGregor Fund.  Call me naive, or maybe, more kindly, idealistic, but I really think that putting a face to a struggle makes all the difference. Its one thing to hear about creditors or about pension funds that are hemorrhaging money and its quite another to see the faces and hear the stories of those actually affected by Judge Rhodes’ ruling. We, social workers, can sometimes take this for granted. Its a gift our position offers, keen insight into another’s personal struggles, struggles we may not have ever or will ever experience on our own. What sets us apart from other mental health practitioners is what we do with this gift. We are called by the National Association of Social Workers’ Code of Ethics to advocate for our clients on small and large scales. We see the face of the struggle and then we help people in power to see it too. I can’t say for sure, but it would my guess that there are a lot of busy social workers in Detroit right now. Honestly, it pains me a good deal that I’m not one them. Social workers with clients who are willing and interested in supporting the cause should be put in touch with organizations filing appeals or media outlets who might be interested in their story. Social workers should be involved in the advocacy to make sure that their client’s voices are heard as negotiations and cuts continue. It might be a losing battle, but its certainly one worth joining. A ruling like Judge Rhodes’, indicating that pensions would not be protected in a Chapter 9 bankruptcy and should be treated as contractual rights, is unprecedented. That means that if other cities some day face similar problems with their pension funds (and with this economy, it’s entirely possibly), this ruling will likely be cited as case law on the matter and could play a role in any decisions made. Its not just a Detroit issue, its potentially a national one. Its not just a legal matter either, its one that reaches us, social workers and our clients. I think its one that we should be paying a great deal of attention to (obviously), because ultimately, it may be our clients impacted most when this is resolved. We are the ones who will be helping individuals to come up with contingency plans if their pensions are lost, not Mr. Orr, not Judge Rhodes or any of the negotiators,  and I certainly would not want to be sitting across from them if I didn’t do all I could to prevent the need for a contingency in the first place. Climbing down off my soapbox now……The End.

 

Back to regularly scheduled programming next week.

Just one last thing…. This makes me REAL happy.

An apparent example of what can happen when police officers are not properly trained to respond to calls regarding seriously mentally ill individuals……

The story broke when a family friend of the shooting victim posted this IReport on CNN’s website

Here is the police department’s response.

On my hometown and the courts, part III

 

When I was growing up on the eastside of Detroit, my neighborhood was comprised primarily of municipal workers.  In fact, my parents were among the few adults not employed by the city of Detroit. My youth was spent mooching the benefits allotted to the children of Detroit’s firefighters and police officers, the status bestowed upon many of my friends. I attended the fire department’s Zoo Day at the Detroit Zoo and gained access to special rooftop views of the Detroit Fireworks.  I enjoyed a free coney dog on an occasion or two, ran through some illegally uncapped hydrants. I met important Detroit political figures and some sports ones too (though to be honest I often didn’t know who they were). I enjoyed all the peripheral perks befriending a city employee’s child could offer while my friends’ parents dutifully worked toward the perks they were expecting in the future, pensions and health care after retirement. Those perks were the reason people took the job in Detroit in the first place. The reason why after 1999 when Michigan lawmakers lifted the residency requirement for municipal employees, people who left the city continued to commute back down I-94 to their jobs in Detroit. Those perks are even the reason why a number of my childhood friends followed in their parents’ footsteps and became employees of the city we grew up in. Those perks meant a secure future for yourself and your family, that was until the future of Detroit became uncertain itself.  The threat to Detroit employee’s pensions has been steadily growing as Detroit began its very public decline. With Judge Rhodes ruling allowing Detroit to file for Chapter 9 bankruptcy, losses became almost certain. Emergency financial manager Kevyn Orr suggested “significant cuts” would be necessary, figures as high as 84 percent have been thrown around. Thats a lot considering the average pension is only $19,000. For many retirees, the monthly payment from the pension fund they contributed to for at least 20 years is their only income. They are not old enough to collect Social Security. Police offers and fire fighters receive only $30,000 and are not able to collect Social Security at all unless they have had an additional job through which they became eligible for those benefits.  In addition to  monthly payments being cut, Mr. Orr has announced that that health care benefits will be reduced as well. His proposal? Any retirees eligible for Medicare be enrolled in such and everyone else will receive $125 dollars stipend toward their healthcare. The proposed changes make retired  and current Detroit employees’ futures seem anything but secure. It also makes them seem like collateral damage in the salvaging of Detroit. I doubt any of them would have chosen to work for the city if they knew that the occasional free coney dog and a good spot to view fireworks would be the only real payoff in the end.   What remedy is really available now though, when even the voice of the elected officials has proven inadequate? Former and current Detroit employees (and possibly their social workers) have been turning to the courts to fight the battle for their pensions and health care benefits! We’ve finally made it to my point  …. but let’s talk about that next week,,,,

In the meantime, i kind of like this summary.

On my hometown and the court, Part II

On Christmas Eve, I had the pleasure of  attending a mass held in  the oldest church building in Detroit. This was the 166th Christmas being celebrated in this particular church in downtown Detroit. For 166 years, Detroiters have come on December 25 (or 24th, like in my case) to this one building to join together in worship as a community. In 1847, when the inaugural mass was held Detroit was still the capital of Michigan. The following year that would no longer be the case. By 1900, Detroit would have a police department, a library and the Tigers as their baseball team. . In 1903, the Packard Motor Car Co. plant would be built.  When Christmas was celebrated in 1958, the plant would be shut down. No one knew then that the abandoned Packard plant would, over 50 years later, serve as the national media’s “money shot” in stories about the city’s decline. There was a lot the citizens of Detroit didn’t know then. They didn’t know Motown Records would find its home among them. They weren’t aware of the riots that would come, the inadequate and corrupt leaders that would run their city, or the fact that many of the citizens themselves would end up fleeing city boundaries and moving to the suburbs.  A lot can change in 50 years. A lot can change in less time. On January 17, 1985, I was born in the city of Detroit. At that time, The Tigers still played at Tiger’s Stadium, the Lions at the Silverdome. Coleman Young, the first African American man to be elected mayor of Detroit, would win his third term. Over the next few years, the people mover (our version of the subway) and I-696 would be completed. The American Motor Company would fold and our police chief would be sent to prison for embezzling millions of dollars from the city. 28 years later, on January 17, 2013, my nephew was born in the same city as me. He’ll never watch a baseball game at Tiger Stadium or a football game at the Silverdome though. The mayor elected during his first year of life is the first white man to hold the position in 30 years, though the position means very little at this point. He’ll grow up hearing a lot of complaining about the construction on I-696, the loss of the auto industry in Detroit, and the mayor who would find himself joining our former police chief on the list of Detroit officials with prison sentences under their belts. Things that just 28 years ago were inconceivable to the public, things that even 5 years ago, when that 161st Christmas mass was celebrated, were inconceivable to a city of people whose adopted motto was “Speramus Meliora; Resurget Cineribus (We hope for better days; it shall rise from the ashes).

To start at the beginning of what happened to Detroit would be impossible (and probably pretty irrelevant to my purpose here). It was one thing as much as another and I’m sure you’ve seen enough articles pointing at this or that, at him or them, to gather its been a slow and desperate fall.  For our purposes though, it makes sense to call the beginning when the governor of Michigan, Rick Snyder, signed Public Act 436. The bill essentially tells struggling local governments in Michigan to work with the state to end the struggle or  an emergency fiscal manager will be put in place. Gov Snyder signed this law despite the fact that the Michigan Supreme Court had given Michigan voters a chance to repeal an earlier version of the same public act a few months prior and repeal it they did.  Regardless of the public’s actions, Public Act 436 took effect and Detroit’s government officials  found themselves at the bargaining table unable or unwilling (depending on who you talk to)  to bargain. Since no agreement was reached, Detroit’s emergency fiscal manager, Mr Kevyn Orr,  was appointed in March 2013. The city council appealed to the state, Detroiters traveled to Lansing to protest but they had no luck. The rights Detroiters had during the 165th Christmas mass in 2012, the rights they had when my nephew was born just two months earlier were gone. By the time I sat there at the 166th Christmas mass last week, our emergency fiscal manager against the wishes of many of the city’s residents would have filed for bankruptcy. The federal  Circuit Court would have said it was allowed and Detroit would feel very much like a place on the verge… but on the verge of what?

On my hometown and the courts…..

In a city like New York, where everyone seems to be from somewhere else, a person’s city of origin from can become paramount. Where you come from might explain why you are here in the first place. It could explain why you have certain mannerisms or your frequent use of that one phrase.  It could explain everything or it could explain nothing, either way its going to be asked; every New Yorker, native or otherwise, knows that. I happen to be from the city of Detroit. Yes, the city of, not a suburb; that’s always the answer to the question that comes next.   Being born in Detroit, much like anywhere else, comes with its own set of tribulations. I’ve been forced to discuss the movie 8 Mile with strangers more times than any person should. I’ve endured the ridicule that comes from being a Lion’s fan during a winless season and the threat to my safety that comes with being a Tiger’s fan in a Yankee bar as the two face off in the playoffs. In recent years, its the headlines and the shortsighted comments about my hometown’s seeming demise that make me long for the days of discussing Eminem and losing seasons again. “Oooo, Detroit.. What do you think about the what’s going on there?”, people ask,  “How about that Kwame Kilpatrick?”, “What’s going on with that bankruptcy?”. I can understand their curiosity, I really can, but you can also understand my reluctance to engage in this type of conversation. It never goes well for me. I instantly feel like a tween defending her derelict boyfriend, “Yes, he has its issues but he has his good points too, you just aren’t trying to see them!!!!” On account of this less than flattering reaction to an attempt at simple small talk, I’ve adopted a policy of responding  in a generic manner… “Yea, its a bit of a mess but we are hopeful. “ End of discussion, at least outwardly. Internally then begins the anxiety about how naive, uninformed, and uncaring I must seem; all of which could not be further from the truth.

I landed this week in Detroit in the wake of a big court decision regarding the city’s bankruptcy filing; one more court decision in a string of many that have rattled this city and its residents.  The timing of my arrival made it rather impossible for me to stick to my prior policy on discussing Detroit. I was presented with a rare occasion to discuss here, on a blog about how our social work clients can be affected by the court , just how far the court’s power can reach into our clients lives. Detroit is now a city of people stripped of one of their most primary rights as a United States citizen, their elected officials hold little to no power. All the power has been given to an appointed emergency manager, a man charged by the governor with the task of keeping the city afloat financially.  This is a task that can not be accomplished without some changes. Changes like budget cuts that left the city’s police officers and firefighters underfunded and left  neighborhoods full of vacant houses without remedy. Bus services are nearly non-existent and the city employees’ pensions are in jeopardy. Art may be sold from the Detroit Institute of Arts and Belle Isle (a treasured island park in the Detroit River) was turned into a state park.   Changes that greatly affected all of the city’s residents and created an environment of conflict, of impending doom, of last ditch efforts and short lived victories for politicians and constituents alike.  Despite appearances though,  Detroit’s story is not a tragedy. It’ not just about the state seizing control of the city. Its an underdog story. A city of Davids fighting against Goliath. Its a city whose strengths get ignored while its pathology gets highlighted in the national media. Its a story I feel compelled to explore here through a series of posts. My goal is to demonstrate on a macro level that laws and court decisions greatly impact micro-systems and if that can’t be accomplished at least I’ll have an opportunity to demonstrate that I know more about my hometown than the fact that the movie 8 Mile was not actually shot on 8 Mile Road.

Let’s start back at the beginning(ish)…..

Discrimination Facing Lawful Immigrants

My field placement this year is at an immigration center which sort of gives me in an interesting position from which to view the current debate surrounding immigration reform. I guess it might come as no surprise that after meeting with immigrant clients for a semester, I’ve grown increasingly interested in the outcome of the debate. My first real client there, in my opinion, was the poster child for Immigration Reform. She had grown up here, all her family members had legal immigration status but somewhere along the line, her parents had forgotten to petition for her lawful permanent residence. Now in her thirties, it was too late. There were no available remedies for her other than to wait for her two small American children to grow up and petition on her behalf. In the meantime though,  my client was left in a very difficult situation, supporting her two children alone without the ability to gain lawful employment and an inability to access many community resources. It seems wildly unfair to me  that a person so motivated and so eager to become a contributing citizen of our country would be denied the chance, primarily on account of mistakes made by others before she was old enough to understand the implications. This is an argument  that is  playing out (in a slightly different form) in California courts currently.

On two recent occasions, a naturalized citizen name Victor Guerro applied for a position with the California Department of Corrections and Rehabilitation.  During the background check that was required prior to being hired, Mr. Guerro admitted that he had, at one time in his life, gained employment in the United States using a social security number that was not his own. Allegedly, his parents had provided it to him when he was 15 and he was unaware of the fraud being perpetrated until he was 17 years old.  At the point when he learned that his social security number was not real, he started paying taxes using what is commonly referred to as an ITIN (Individual Taxpayer Identification Number). On account of this admission, Mr. Guerro was denied the position with the CA Board of Corrections and Rehabilitation. The rationale cited for his rejected application was that using a false social security number “shows a lack of honesty, integrity and good judgment”.   Mr. Guerro is now suing the CA Board of Corrections and Rehabilitation for discrimination.

The reason this case is one that social workers should watch is that many of our clients, themselves, may be in this position. Think those benefiting from DACA in particular.  Coming to the States as a child, their parents may have provided them with a social security number for safety or for work purposes. Now older with lawful immigration statuses, they are being denied opportunities for gainful employment. It keeps them marginalized and provides an advantage for native born citizens in the job market. If state agencies can get away with this sort of discrimination, then what would stop other employers?

After reading this case and being around  all this talk about how miraculous immigration reform could be,  I can’t help but wonder if immigration reform will really end up eliminating barriers for immigrants to the United States like my client, or if ultimately, new barriers like the one that Mr. Guerro faced will just pop in their place. Once again, I find myself thinking about social justice advocacy and feeling compelled to ask y’all, what do you think?

PS: Check out the New York Immigration Coalition website to get involved in advocating for Immigration reform.

…a post during finals…..

It’s time for finals around here which means, for me at least, A LOT of paper writing and A LOT of chocolate eating (I’m not entirely sure why the two are linked but they most certainly are).

Finals time also means that I didn’t find myself with a lot of or, really, any time  to come up with this week’s blog posting. So I thought it kismet when in the course of suffering through  the ebbs and flows of my sugar highs, I came across CNN’s  new documentary: An Unreal Dream: The Michael Morton Story.   As you may have read in my introductory post, or noticed in the several other posts on related topics,  I have a pretty serious fascination with The Innocence Project and the work it does. Its a fascination that in its own round-about way led me to enroll at  Silver School and, ultimately, dedicate my time here to exploring the social injustices that lead to individuals being wrongfully convicted in the first place.   311 individuals have been exonerated through DNA testing in the United States. 18 of them were proclaiming their innocence from death row. The rest of them served on average 13.6 years before being set free. Michael Morton is part of these statistics. So are the Central Park Five and the West Memphis Three. Who isn’t counted though? Who served three years in prison and  became a registered sex offender on the account of  an extremely flawed criminal justice system and never said anything? Which wrongfully accused immigrant  unknowingly signed a plea deal hoping to be released from prison only to find themselves deported back to their  country of origin? Life sentences for the wrongfully convicted are appalling but what about the small sentences that add up to a life of poverty and unjust treatment? How can we proactively prevent this from happening instead of just reacting once its already been done?

While I take a break from thinking about these questions to complete my final papers,  I encourage you to pick up where I left off.  Check out Michael Morton’s story. And maybe these articles too….

How to Fight ‘Bad Apple’ Prosecutors who Abuse the Criminal Justice System

Released but Never Exonerated, a Man Fights for Freedom

An Arrest in the News, an Exoneration in Silence

We can talk about it if I make it through the semester….