A Fine Line
The
It is a real court complete with a judge, public defender, and prosecutor—but without the courthouse. In an effort to reach out to its clients, the homeless court is held every two months in a local social service facility like St. Vincent de Paul, Berkeley Food and Housing, and the
Rather than getting into the virtues of the program and the ways in which our current legal system makes it illegal to be homeless, I would like to talk a little bit about my role in the program and refer my readers to (last year’s JV) Joe Adams’ entry on Homeless Court: http://svdp-alameda-volunteer.blogspot.com/2006/03/i-have-utter-privilege-of-running.html
As a case manager, I help my clients to convince the court that expunging their fines and legal charges will allow my clients to regain employment and move on with their lives. The court outlines ten categories, or “benchmarks of progress,” such as housing, substance abuse, and employment. As they fill out their paperwork and write their personal statements, my clients are essentially jumping through hoops to show that they are ready to move forward with their lives.
To many readers who are accustomed to deadlines and personal responsibilities, this may seem like a small commitment in exchange for freedom from hundreds of dollars of fines and a clean legal record. For someone who how has been living on the streets, having the organization needed to complete the process can be a little bit more challenging. One issue that I constantly ask myself is 'how far should I go in helping my clients to complete the process?'
Quite frequently, my clients are held back from a court date because they are missing some part of their paperwork. These technicalities become very frustrating when small details ultimately hold people back from cleaning their records and regaining their licenses for employment. When I learned that there would be a second homeless court this month, I managed to squeeze in twelve extra clients who had been held back from the original October court for such technicalities. With these types of cases, I have decided that a few extra phone calls and reminders are warranted, for it is my responsibility to inform my clients of what documents they need to bring to me in order to complete their files.
And then I have those clients who consistently miss their public defender meetings and court dates. I spoke with a man last week who has a very strong case, but can’t seem to make it to his meetings. He too is waiting to have his misdemeanors and fines expunged so that he can regain his license and begin working full time. He asked me to arrange a special meeting just for him—something that I knew the public defender would not be willing to do—and with good reason. This is an example of a situation where I need to step back and let my client take responsibility for flaking out. The purpose of homeless court is to help those who are actively working toward personal progress, which includes fulfilling their commitments. So in this man’s case, all I can do is hold his file to be submitted for the next court, and hope that he is organized enough to make it to the next meeting.
This is a point that Steve brings up on a weekly basis. We can help those who are in need, but when we do something that someone is capable of doing themselves, we are really doing them a disservice. It all goes back to empowerment.
