In Forma Pauperis

On one fateful day in Florida a man named Clarence Earl Gideon broke into a poolroom with the intent to commit a misdemeanor.[1] This action constituted a felony in the state of Florida, and the man was charged with the crime. After being arrested, Gideon requested the assistance of counsel in his case. Gideon’s request for counsel was denied by the trial court, and Gideon went on to represent himself in his proceeding.[2] As a layperson, he put on his best defense. Gideon made an opening argument, performed cross- examinations, presented his own witnesses, refused to testify himself[3], and even made a closing argument. Alas, his greatest efforts were unsuccessful, and he was found guilty and sentenced to five years in prison. But, this is where the story begins.

            On appeal to the Supreme Court Gideon argued that his rights were violated by not being appointed counsel. Ironically, for this appeal Gideon was appointed counsel because he was acting in forma pauperis[4]. The Court found in favor of Gideon saying, “The right to be heard would be, in many cases, of little avail if it did not comprehend the right to be heard by counsel. Even the intelligent and educated layman has small and sometimes no skill in the science of law.”[5] In every criminal case a litigant is guaranteed counsel.  In civil matters, however, Gideon does not apply. Hypothetically, if a person were to violently rape and murder 17 women, 8 men, and a goat, that individual would be guaranteed an attorney to ensure justice. Yet, if a mother of 4 was wrongfully evicted from her home and subsequently lost custody of her children, that mother would not be guaranteed the same protection from the system.

            The University of Baltimore School of Law Sayra and Neil Meyerhoff Center for Families, Children and the Courts’ Truancy Court Program (TCP) uses a holistic approach to address the problem of truancy in Baltimore City schools. Truancy is often not the major problem but is a mere symptom of a deeper issue. Every known aspect of a student’s life is taken into account in order to offer services to the child and to the child’s parents, thus alleviating underlying causes of truancy. One of the services provided by the Truancy Court Program is limited legal advice concerning the child and the child’s living situation. Common issues that these families face are the need for creation or enforcement of an Individualized Education Plan (IEP), homelessness, drug abuse, and poverty. The TCP gives a select few families access to invaluable legal advice that these families may not have access to otherwise. For example, a parent or child may reveal at the TCP session that they are homeless. With assistance from the TCP, students have received assigned “yellow bus service” or school provided cab service to commute to and from school.[6]

            The lack of a Civil Gideon[7] in our court system has caused many to question the true legitimacy of the legal process, especially for those who cannot afford an attorney. Projects like the TCP help to mitigate the damage that the pro se[8] problem creates, and this impact must continue to expand and intensify until the system is corrected. Remember that the highest court in the nation recognizes that even the educated layman will do little better than clumsily stumble through the system without representation, and then consider that the majority of pro se litigants are unrepresented because they cannot afford an attorney. The conclusion that you reach is that the pro se problem disproportionately impacts the low income community, those who often need representation the most. The only things that overshadow barriers to justice presented in cases between two pro se litigants are the barriers to justice facing a pro se litigant who must argue against a represented party.

            When discussing pro se litigants, it is also important to recognize that many people without access to legal minds may never know how or why to get into court to begin with. While participating in the TCP, I have learned from our attorneys that there are specific requirements for IEPs and for those experiencing homelessness. This knowledge was also communicated to  parents, who are then able to put that knowledge to work.

            In an ideal world the TCP would not be necessary, because everyone would have access to legal representation. We do not live in an ideal world, however--in fact far from it.  So we must work to move closer to a more perfect world. An examination of just one of the many needs that the TCP fills shows just how important the services the TCP offers are to those that it serves. Hopefully, the program will continue to grow and expand not only in Maryland but also in the other 49 states of the union until we can say that we finally have a truly perfect union.   

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[1] For a full review of the case, including facts and holdings, please see Gideon v. Wainwright, 372 U.S. 335 (1963).

[2] The trial judge explained to Gideon that the laws of Florida required representation in cases concerning capital offenses.

[3] In criminal cases, the defendant has the right to refuse to testify under the Fifth Amendment of the United States Constitution. This is quite often in the best interest of the defendant for many reasons.

[4] In forma pauperis is Latin for “in the character or in the manner of a pauper”

[5] Gideon v. Wainwright, 372 U.S. 335, 344-345 (1963).

[6] For insight into issues with transportation in Baltimore City Schools please see CFCC blog entry “The Wheels on the Bus and the Truancy Court Program” by Samantha Sammartano posted Friday, November 7, 2014 at 12:47 pm.

[7] “Civil Gideon” is the right to an attorney in civil cases. This right has yet to be established.

[8] “Pro se” is Latin meaning “for self.” It is the term used to describe litigants that are not represented by counsel.

 

The Wheels on the Bus and the Truancy Court Program

            The Truancy Court Program (TCP) is a wonderful initiative created and implemented by the University of Baltimore School of Law Sayra and Neil Meyerhoff Center for Families, Children and the Courts (CFCC).  The TCP seeks to address the reasons why students miss school, amounting to thousands of school days that are missed each year by truant students in Baltimore. 
            While we, as CFCC Student Fellows who are new to the TCP this semester, may have felt a sense of hopelessness at some point during the semester, we have recently experienced a turnaround.  Over the past couple of weeks, for example, I have grown attached to several TCP  students and have felt genuine pride in their accomplishments.  I think that they appreciated what I had to say and the effort I was putting in to get to know them, not simply to scold or “fix” them.  And it made a difference.
            When discussing the reasons underlying their absences, many of these young people say that MTA (city) buses often pass them by or are unreliable.  The best remedy in this situation, in my opinion, is implementing a busing system for the public schools.  Students would have a set time when the school bus would pick them up in the morning, and they would travel directly to school. 
            Students tell us that they are sometimes afraid to catch a city bus.  School buses would provide students with a safe and secure means of transportation.  In addition, the camaraderie generated when a group of young people waits day after day for the bus becomes a vehicle for creating and nurturing strong friendships.   Students learn how to get along with their peers and how to look out for themselves and their friends.  But most importantly, developing a group of neighborhood buddies at the bus stop can be the catalyst for lifelong friendships among children who will grow up together.  The children will learn that the definition “family” extends to the bonds they form with other folks, too. 
            Additional benefits to a separate school busing system include, among others, limiting students’ exposure to extreme weather conditions – thereby removing the excuse that a student is absent because it was raining or snowing – and reducing travel time to school.  It is impossible to put a dollar sign on keeping children safe and implementing programs that will promote their education.

They Fight For Us, Can We Show the Same Respect? A Call for Veterans Courts in Maryland

      

            In 2012, there were over 1 million American soldiers in active duty across the world.[1] Luckily this number has dramatically decreased in the recent years, but that leaves the United States with a growing number of veterans returning from war trying to readjust to civilian life. Veterans have to deal with the tragedies that they witnessed while serving their country, and most fail to seek any help to deal with what they experienced. Issues such as posttraumatic stress disorder and substance abuse are common problems faced by these returning veterans. These problems have been linked to increased criminal behavior, landing a number of our veterans in our criminal justice system. The men and women who were brave enough to fight for our country now face time in prison.

To combat this threat of prison, Judge Robert Russell developed the first Veterans Court in Buffalo, New York, in 2008.[2] Veterans Courts are problem-solving courts aimed at helping veterans deal with psychological problems resulting from war, while still holding the veteran accountable for the criminal behavior. In areas that have Veterans Courts, veterans who enter the criminal justice system have the option to accept treatment from Veterans Courts. Once accepted into the VC treatment program, the adversarial roles of the attorneys dissolve, and the parties become a team focused on helping the veteran. The team develops a plan of treatment, including mental health counseling, substance abuse counseling, and help with employment, housing, and education. The veteran is also paired with a peer mentor who can help the veteran deal with problems that are unique to serving in active combat. The judge leads the treatment team and ensures that the veteran is following the treatment. The whole process is individualized for each veteran and looks for a holistic approach incorporating a wide array of services.[3] Everyone on the team is focused on helping the veteran succeed through the program and get the necessary help he/she needs.

While the concept of Veterans Courts is still relatively new, the impact of the courts has been favorable. For example, in Pennsylvania, those participating in the Veterans Court program had a recidivism rate of one percent.[4] Similarly in New York, veterans had a recidivism rate of 40 percent when not in a veterans treatment program, and that number dropped to 6 percent for those veterans who completed the treatment program.[5]

Maryland has approximately 476,000 veterans residing in the state today.[6] In 2012, Governor Martin O’Malley approved a task force to research the effectiveness of Veterans Courts.[7] The task force strongly recommended a pilot program for Veteran Courts in Maryland, and a Veterans Court should start in 2015 in Prince George’s County.[8] Unfortunately, this is all dependent upon funding. While funding is a problem for all programs across the state, I believe that this program is so beneficial for the veterans across Maryland that this program needs to get started so veterans can get the help they deserve. These people have put their lives on the line to protect our freedoms.  We should be able to provide necessary services to help veterans return to civilian life.

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[1] https://www.vetfriends.com/us-deployments-overseas/index.cfm

[2] Hon. C. Phillip Nichols Jr., Veterans Courts: A New Concept for Maryland, 47 Md. B.J. 43, 44 (2014)

[3] See generally Nichols, supra note 2; http://justiceforvets.org/sites/default/files/files/Ten%20Key%20Components%20of%20Veterans%20Treatment%20Courts%20.pdf

[4] Nichols, supra note 2, at 49.

[5] Id.

[6] Id. at 44.

[7] Beth Totman, Seeing the Justice System Through a Soldier’s Eyes: A Call to Action for Maryland to Adopt a Veterans Treatment Court System, 16 J. Health Care L. & Pol’y 431, 434 (2013).

[8] Nichols, supra note 2, at 46.

 

Dealing with Feelings of Inadequacy in the Truancy Court Program

Each week, law students involved in the University of Baltimore School of Law Sayra and Neil Meyerhoff Center for Families, Children and the Courts Truancy Court Program (TCP) discuss at the weekly team meeting each of our TCP student’s cases and the deeper issues that students may be experiencing that result in truancy.  This past week one of my fellow law school classmates bravely expressed that he feels inadequate to help the TCP students.  We see these students once a week for an hour, and we talk about their goals, problems, and possible solutions, but is it helping?  My classmate’s comment struck me because it’s a feeling I have from time to time.  Some of the TCP students have issues that are hard to find solutions to, including illnesses in the family, poverty, and overcrowded houses.  In these situations, what can we as law students do?  One of my TCP student’s mothers was diagnosed with cancer, which required the student to miss school a few times last year.   Situations like that are problematic because there is no quick and easy solution.  Even with the “simpler” issues, such as being disruptive in class or poor grades, we direct the TCP students to coach classes and encourage them to get help.  Nonetheless, there is always the lingering feeling that the work we do for the TCP students is not helping them.

I find myself not only wanting the TCP students to end their truant behavior, but I also want them to become scholars and leaders in their community--especially with the group of TCP students I have at Reginald F. Lewis High School.  I see so much potential in these students and would love to see them achieve their short-term and long-term goals.  Realistically, however, I understand that the students face so many hurdles, some of which are beyond the reach of my ability to assist.   It’s a good feeling when we see the TCP students absorbing what we say in our one-on-one meetings at the TCP sessions, but I struggle with the thought, what happens when we leave?

In response to my classmate’s comment in our meeting, one of the TCP staff members simply stated, “We help the students more than we know.”  It is so easy to feel as though you are not doing enough because some of the tougher problems are not solved immediately.  I didn’t take time to consider, however, that my presence is helpful.  For some of these students, the TCP provides the support and attentiveness they do not receive anywhere else.  That statement put things in perspective for me.  Nothing great is achieved overnight, and you never know how your actions may be positively affecting another person.  Naturally, I still want the TCP students to end their truancy and achieve their goals, but I understand that things take time and that my help is not in vain.  I look forward to continuing my work with the TCP because it is a huge step in the right direction for the students involved.

Field Trip to the Baltimore City Circuit Court Family Division

On September 17, 2014, the Center for Families, Children and the Courts (“CFCC”) Student Fellows visited the Family Division of the Circuit Court for Baltimore City located at 111 North Calvert Street in Baltimore.  We received a tour from T. Sue German, the Family Division Administrator. 

The tour was a great opportunity to see how the Unified Family Court system operates.  The Family Division strives to efficiently resolve matters involving families, such as, divorce, guardianship, child support, custody, and visitation matters.  Further we learned that approximately 88% of litigants appear pro se.

The Family Division tailors its approach to each individual family to address the family’s specific needs.  The Family Division has many resources for the variety of clients with which it deals.  For example, in the case of contested issues, the Family Division provides educational seminars such as COPE and SHAPE for parents and mediation if there are custody and visitation issues.  Also, at scheduling conferences, the Family Division refers clients to other resources to address their needs, such as referrals to substance abuse services, for custody evaluations, and for other social services. 

The tour revealed that the Family Division has faced budget cuts in recent years, however, which is surprising in light of the volume of cases that are dealt with in the Family Division.  On a given day, attorneys at the Family Division Pro Se Project assist approximately 35-40 litigants.  Further, cutting back on the resources available to the Family Division impedes its ability to effectively and efficiently deal with all the litigants’ issues it confronts.

The actual facility itself was very warm and inviting for the families and children who frequent it. The walls are adorned with art made by children in the community, and there is a staffed playroom for children while their parents attend to their various matters at the Family Division.  It was really wonderful to have the opportunity to tour.

Truancy and the Special Education Student

Truancy is a dilemma frequently facing school systems.  A violation of compulsory attendance requirements can, in the worst case, lead to significant punitive consequences for a family.  What happens, however, when the student exhibiting truant tendencies is a special education student? What kind of special obligations, if any, does a school district have to a child with a disability?

In Maryland, there is a strong positive correlation between rates of habitual truancy and drop out rates and special education students. Baltimore City ranks among the highest in the State in those variables for which positive correlations with truancy were found. 1. There are many explanations for this positive correlation. First, the difficulties that special education students face in order to access the curriculum can make every day in school feel like a battle. Second, special education students are more susceptible to becoming victims of bullying, again deterring students from regularly coming to school. Third, the student's disability may include an emotional disorder that results in inappropriate types of behaviors or feelings under normal circumstances.

Under the Individuals with Disabilities Education Act (IDEA), each student is entitled to a free, appropriate, public education. Additionally, the Child Find requirements under IDEA require all school districts to identify, locate, and evaluate all students who are suspected of having a disability. 34 CFR 300.111. Although lack of attendance on its own does not qualify a student for special education services, it is a factor to be taken into consideration. 34 CFR 300.8(a)(1). 2. Once a truant student is identified as having a disability, he/she is eligible for an Individualized Education Program (IEP) in order to assure that the student is receiving  free, appropriate, public education.

One component of the IEP may include a Functional Behavior Assessment (FBA), a "collaborative, student-centered process for gathering information that reliably predicts the conditions and/or circumstances concerning why a student is exhibiting an inappropriate behavior," in this case the inappropriate behavior being truancy. 3. Following the FBA is a Behavior Intervention Plan (BIP), which includes strategies such as positive behavior reinforcements, program modifications, and supplementary aids and services that can assist the student in overcoming habitual truancy. The BIP includes a plan to monitor the student's progress to ensure that the student now is able to access the curriculum.

These programs are very helpful in addressing a special education student's truancy issue head-on. Although there is still much work to do, these federally mandated obligations prevent hundreds of students annually from dropping out of school. It would be wonderful to find a way for similar programs to be available for students without disabilities but who have problems regularly attending.  But that is a conversation for another day...

The Link Between Poverty, Truancy, and the Juvenile Justice System

 

 

 

       The links among poverty, school attendance rates, and delinquency are all intertwined and, when viewed as such, depict a terrifying truth. In America, over 16 million students live below the poverty line, creating a set of circumstances and problems that a large percentage of the population does not have to endure.[1] A reality for these children could be:

• Parents working multiple jobs, sometimes unable to take their children to school        
• Incarcerated parents
• Children living in a group home
• Children having to walk through a dangerous neighborhood to get to school
• Pressures on children to work or engage in illicit activity in an effort to supplement family income

This list is not definitive; it merely scratches the surface of the problems faced by children who live in impoverished neighborhoods. As children fail to attend school for any one of the aforementioned reasons, their grades suffer.

     
The correlation between an individual’s success in school, more specifically his/her ability to read, and incarceration is alarming. A student not reading at a third grade level by the third grade is three to four times as likely not to graduate high school on time, and this figure actually increases to six times as likely not to graduate high school on time for students from low income families.[2] More importantly, a study conducted by Northwestern University determined high school dropouts are sixty three times more likely to be incarcerated than college graduates.[3] 

     
 These statistics should paint a picture of the importance of education, particularly elementary education. Currently, juvenile justice systems across the country have the overarching goal of rehabilitating youth offenders in an effort to reduce future encounters with the law. Interventions offered by the justice system include educational and vocational training programs, aimed at educating youth offenders so that they may receive the education and skills necessary to support themselves without living a delinquent life.

       
Maryland’s Department of Juvenile Services currently operates 7 juvenile detention centers across the state, dealing with individuals 18 and younger who enter the justice system.[4] Maryland could possibly reduce the number of youth involved in the juvenile justice system by proactively concentrating on elementary education. Providing child-care services before and after school would allow parents to work longer in an effort to support their families while allowing their children to attend school. Making routes to school safer by means of police enforcement or volunteers would encourage attendance and learning in elementary school. Proactive measures such as these could reduce the numbers of youth involved in the juvenile justice system.

 

[1] http://www.nytimes.com/2014/08/26/opinion/to-keep-poor-kids-in-school-provide-social-services.html?_r=0

[2] http://www.aecf.org/resources/double-jeopardy/

[3] http://www.northeastern.edu/clms/wp-content/uploads/The_Consequences_of_Dropping_Out_of_High_School.pdf

[4] http://www.djs.maryland.gov/detention-facilities.asp

 

 

Drug Treatment Court’s Effect on Recidivism Rates

Drug treatment courts are a source of therapeutic jurisprudence as problem-solving courts.  Their purpose is to resolve underlying issues that may be the source of crimes that are being committed with a holistic and big-picture approach.  In Baltimore City, the Drug Treatment Court was created in 1994 due to a study relating 85% of crimes back to substance abuse and addiction.  It is a way of preventing incarceration by providing an alternative.  Four main goals of Baltimore City’s Drug Treatment Court are to:

·         “Provide pretrial, drug-dependent detainees with close supervision

·         Allow judges to use a cost-effective sentencing option by providing a fully integrated and comprehensive treatment program

·         Reduce recidivism rates of street crime committed by drug-motivated offenders

·         Facilitate the academic, vocational, and prosocial skill development of offenders”[1]

Because of the many actors involved in achieving these goals, the whole court system is essentially working together to reduce the overall recidivism rates, especially when substance driven crimes are being committed.  The systems that are provided for offenders are supervision, status hearings through judicial monitoring, drug testing, and drug treatment.  In order to graduate from the program, participants must have employment, “completed 20 hours of community service, have participated in the program for a minimum of 12 months, and have at least 9 months of clean urine samples.”[2]

 

Research has found that the offenders involved in drug treatment courts have a lower recidivism rate than those who are not.  It has been generally proven that “[t]he average effect of participation is analogous to a drop in recidivism from 50% to 38%; and, these effects last up to three years.”[3]  Although by only about 10%, the re-arrest rates had decreased, but new arrests had significantly decreased.  The Baltimore City Drug Treatment Court not only has the effect of reducing recidivism rates while a person is in the program, but also persists even after the program is completed.[4]  Drug treatment courts as a problem-solving court has proven to be successful and continues to be implemented.

 

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[1] https://www.crimesolutions.gov/ProgramDetails.aspx?ID=69

[2] https://www.crimesolutions.gov/ProgramDetails.aspx?ID=69

[3] http://www.courtinnovation.org/sites/default/files/documents/Assessing_Efectiveness.pdf

[4] http://www.ccjs.umd.edu/sites/ccjs.umd.edu/files/pubs/Gottfredson_etal_2006.pdf

Consistency at Home Is Key to Student Success

“I didn’t come to school because my uniform was at my mom’s house and I slept at my dad’s two days last week.”

“I was late because I stayed at my cousin’s house and her mom didn’t get us up.” 

“I overslept because I was staying in my aunt’s room and she had the TV on all night.”

“I missed school because I stayed at my dad’s and he lives in West Baltimore.” 

“I was late for school because I stayed with my Grandmother and 
had to take my cousin to school and then didn’t know which bus to take.”

When a student moves from house to house or family member to family member he or she suffers from a lack of structure, the absence of routine, and inconsistent rules and expectations. Because Baltimore City Public School (BCPS) students rely heavily on public transportation, each new move often also means figuring out a new bus schedule. Such was the case with Kiera, a 5^th grader who was shuffled between the care of her mother, her grandmother, and her aunts. Sometimes she arrived at her school’s weekly CFCC Truancy Court Program (TCP) meetings from her mother’s house exhausted and reserved, insisting that all she liked to do at home was sleep. At other times she arrived late because she had to take a bus to school from her grandmother’s house, which was fifteen miles outside Baltimore City limits. Yet there were times when she came to school rested and talkative, with her hair neatly combed and clothes clean and pressed. The TCP team learned that those were weeks when she was staying with an aunt who lived far away but who provided consistency, care, and reliable transportation to and from school. Although Kiera liked to stay with her aunt, she did not know from day to day where she would be expected to spend the next night, and her ability to keep up with schoolwork and control her behavior suffered as a result.

In December, Kiera’s attendance improved dramatically. Between December and March, Kiera was present and on time every day. Her grades improved, as did her behavior. The TCP team learned that Kiera had been staying with her aunt.  For the first time since August, she had been in one place for almost four months, and her school record reflected that consistency.  Kiera’s aunt, however, was not her legal guardian, and Kiera could be removed from her care by either of her parents at any moment.  The aunt asked the TCP team if anything could be done to make her caregiving arrangement permanent and enforceable. 

What can be done?

In cases like Kiera’s, where students are being moved from the custody of one caregiver to another, it is critical for caregivers to understand the importance of consistency and stability. The TCP team counsels each family member to value the student’s education and to make a commitment to help him or her get to school on time, regardless of where the student stays. Mediation services can bring together family and community members to ensure that the students’ attendance remains consistent. The inconsistency of many custodial arrangements often stems from the fact that they are informal. Thus, establishing legal guardianship for one party can provide consistency and permanency by specifying who has the authority to make decisions on behalf of the child. Similarly, a legal determination of physical custody can provide stability by establishing a clear schedule for the student. These legal determinations also help by empowering caregivers with the right to make enforceable decisions regarding the student, even if others disagree.  In some extreme and rare cases in which one of the caregivers is neglectful or abusive, filing a report with Child Protective Services may be necessary to ensure that a child is removed from or kept out of a dangerous situation.

Whether the solution takes the form of a legally enforceable document or simply a verbal consensus among caregivers, consistency in a student’s home life increases his or her potential for academic and social success.  With the help of the TCP team, Kiera’s family is trying to find a lasting solution that will work for them and, most importantly, for Kiera.