Problem-solving Courts

The League of Women Voters of Portland‘s monthly meeting in March was a visit to the Multnomah County Courthouse. Six judges gave up their lunch break to tell us about specialized “problem-solving courts”, which represent a radical departure from the traditional Perry Mason court process. Multnomah County was the second jurisdiction in the nation to start these courts in 1989; today, there are more than 1,600 nationwide.

Both independent reports and staff evaluations show the programs are succeeding, in both measurable cost-effectiveness and in promoting changed lifestyles and subjective improvements.

What are Problem-solving Courts? Multnomah County has several kinds:

* STOP – drug treatment court (sorry, I’m unable to find what the S.T.O.P. acronym stands for). A recent study showed 54-76% of men and 51-88% of women arrested in Multnomah County tested positive for at least one illegal drug. This court is for people with felony drug possession charges (not dealers), often meth/cocaine/marijuana, or accused of tampering with drug records. There are 600-620 people in the program. Surprising fact: most of the people in this program are professionals, employed full time. They are doctors, lawyers, firefighters, construction workers, secretaries – your neighbors and mine, most likely. Only 15% of participants are homeless and unemployed. People in the program report to court regularly and engage in community drug treatment, mostly as outpatients. They come to court on a frequency depending on progress – some every day, others up to once every six weeks, 30-75 people per day in court. The contract for providing community treatment is currently held by InAct, on Sandy Boulevard. The program takes most people one to three years to complete,with the average two years. Six weeks of clean urine tests are required for graduation, with random urinalysis at least once per month. Participants aren’t thrown out for using drugs, but they are for failing to appear in court for 90 days, for conviction of another crime, and if the treatment team reports they are not actively engaged in the program. Then, they spend 10 days in jail, automatically, and are sent to an 18 month mandatory treatment program. On graduation from STOP, the felony charge is dismissed. Recidivism rate for those who complete the program: 11% in all such programs statewide, compared with over 30% for the Department of Corrections.

* Community Courts – These are one-stop social service centers. People who admit to low-risk misdemeanor crimes like shoplifting and disturbance of the peace are eligible; 90% are employed. Participants perform community service, are provided with clothes and help finding housing and jobs, and learn about the true impact of their crimes. This program is run in partnership with the Portland Business Alliance, whose members pay for and supervise community service projects. Columbia Sportswear donates clothing, Fred Meyer employees explain why shoplifting harms the community and has led to closure of stores, etc. This court started in King School, then another was added in the Brentwood-Darlington Community Center – hence the name, Community Court. Unfortunately the court is now consolidated into the downtown Justice Center, for budget reasons. Monday and Tuesday, Westside cases are heard; Wednesday and Thursday, Eastside; and Friday, cases with Spanish-speakers. Very speedy – arrested yesterday, arraigned today and plead guilty, off to residential program with “sentence of discharge”. If the person re-offends or leaves the program, they get an automatic 30 day jail sentence with no credit for time served.

“Community court sanctions add value to the community that also can be translated into dollars. Because of community court sanctions, Portland neighborhoods have benefited from 31,464 hours of community service work–valued at $204,516. The projects include clearing brush and refurbishing path ways in local parks, outdoor maintenance for community buildings, assisting at the Red Cross, working in the Children’s Garden, sprucing up the exterior of the Children’s Museum, and participating in neighborhood cleanups. One of the most successful and well-received community court efforts has been the city’s senior citizen yard work program, in which defendants perform yard maintenance for elderly and disabled individuals. The testimonials from those who have been on the receiving end of these services are heartwarming–the experiences bridge a gap and generate positive contact between offenders and community members.”

“The effect on some defendants has been remarkable. Several have admitted the program work is the first time they ever performed a service for another, and they find it a positive experience. Many defendants report a sense of accomplishment and contribution that they have never known before.”

* Domestic Violence Court – This isn’t really a Problem-solving court, it’s more a hybrid. It’s adversarial, with lawyers on both sides, and if the defendant is found not guilty the case is dismissed. A small segment may be allowed to plead guilty with no “conviction of record”; other low-level offenders may receive deferred sentences for meeting conditions. Research so far doesn’t show treatment or problem-solving approaches being effective in Domestic Violence cases, but some strategies do seem to have potential. This court is used for people with misdemeanor crimes with sentences of one year or less, plus restraining order violators. The difference in Multnomah County’s approach is that all these cases are now tried by just four judges, compared with 36 judges previously. This allows judges with expertise in the problems to handle cases with consistency, plus they know about and collaborate with the available community service resources. And they review cases to decide whether to prosecute the Domestic Violence offense first, or divert the perpetrator into drug/alcohol programs.

* Wraparound Oregon – A misnomer, since so far it’s just Multnomah County. Provides a coordinated approach to child justice cases. This court started two years ago. It involves the Department of Human Services, Juvenile Justice, Multnomah Education Service District, Multnomah County, private providers, and the court. Previously, each of these entities might have required a different independent assessment of a child before providing services, and integration of needs (medical care and medications as well as behavioral programs and counseling, for example) often slipped when a child moved between foster families, institutions, etc. This has led to abysmal outcomes for children in foster care – low graduation rates, high criminal arrest levels, mentally illnesses, etc. Now, each child is assigned one judge. A facilitator is assigned to bring together a family team, with the child and family (foster and biological, if appropriate) part of the team. There were 25 school age children in the pilot. They come to court once a month to check in with the judge. The County has recently won a $9m federal grant to look at providing this approach to very young children, and Governor Kulongoski is about to sign an Executive Order looking at expanding the program statewide.

The District Attorney decides which defendents are assigned to the problem-solving courts instead of the regular trial process.

I was surprised and pleased to hear about this level of integration between the justice system and social service and treatment providers, and the thoughtful approach to complex problems. I’m glad the studies have been done (e.g., on the STOP drug diversion program), which show Problem-solving Courts are not only humane, but very cost-effective. As always, I’ll be interested to hear if there are other sides to this issue.