Local ACLU Issues Statement of Support for Community Court Program

From: American Civil Liberties Union of Northern California Santa Cruz County Chapter

To: Honorable Jeffrey Rosell
District Attorney
Santa Cruz County
701 Ocean Street
Santa Cruz, CA 95060

ACLU Santa Cruz County Statement of Support

Mr. District Attorney,

The American Civil Liberties Union of Northern California Santa Cruz County Chapter (ACLU SC) has designated Criminal Justice Reform both locally and statewide as a priority issue. As guardians of the civil liberties provided by the Constitution of the United States and the California Constitution, we are keenly aware that the rights and guarantees embodied by these documents must be fairly judged and administered by our court system if they are to be preserved for criminal defendants and victims of crime alike. We believe that the Santa Cruz County Community Court Program, which you are currently considering, creates a real opportunity for the kind of forward thinking reform that can move us together toward our shared goals.

In our considered opinion, it is foolish to believe that the merry-go-round of local arrest and release addresses crime in our community in any meaningful way. Rather, we should look to available models of Restorative Justice if we are ever to achieve a true equilibrium between our system of justice and the community at large. Restorative Justice provides the opportunity for each of us, local courts, elected officials, law enforcement and community members alike, to engage in a process that balances our concerns about the administration of justice by applying local solutions in a cooperative effort.

As examples, The Downtown Accountability Program and its court administration reflect a real effort on the part of city and county leaders to move in that direction. We also have noted with interest the creation of a Veterans Court which proposes to address the specific issues and problem areas experienced by veterans who interact with our criminal court system. It is our belief that this court is appropriately tailored to address the impact that those interactions have on the lives of local veterans and holds great hope for a system of justice that restores to our community those who have selflessly served our country. We believe that the Santa Cruz County Community Court Program as proposed holds equal promise with respect to people experiencing homelessness.

As more specifically detailed in the program proposal, many members of the Santa Cruz homeless community have accumulated hundreds or even thousands of dollars in fines they cannot afford to pay. Others have outstanding fines or open cases related to lower level misdemeanors such as vagrancy, disorderly conduct or public intoxication. As a practical matter, these unpaid fines and unresolved dispositions create insurmountable obstacles to finding gainful employment, securing financial aid, qualifying for permanent housing or getting medical and/or behavioral health care. The proposed program is designed to address these challenges for those participants who are prepared to engage in the process as full partners and who are ready to commit to positive change in their lives.

In consideration of the foregoing, we believe that the benefits which will accrue to the community, the court system and the criminal justice system through a fully functioning community court are well worth the effort and worthy of our unqualified and continuing support. The time is right for a Restorative Justice model that helps people experiencing homelessness realize their potential and which enables them to lead fulfilling lives as active contributors to their community. The Board of Directors of ACLU SC believes that the Santa Cruz County Community Court Program will move us together toward those shared goals.

Respectfully submitted,


Peter Gelblum
Chair, Board of Directors
American Civil Liberties Union of Northern California
Santa Cruz County Chapter