Local courts need to change to address the realities of COVID-19

Today, particularly in light of the COVID-19 pandemic, our local municipal and county courts, are, through their actions or unwillingness to act, creating an insurmountable roadblock to employment and education for the economically disadvantaged in our community. This burden manifests itself in the form of inaction or a hardened and unwavering reaction on the part of local prosecutors and/or the courts to attempts made to resolve outstanding arrest warrants by these individuals that, in many cases, stem only from minor violations of the law like speeding, illegal lane change or running a red light.

Most of us have never seen the inside of a courtroom and, if we get stopped and cited for a traffic violation, we just write a check and mail it in and then go on about life, lesson learned. However, if you can’t pay, what then? The only alternative is to step into the uninviting environment of a courtroom not represented by legal counsel with an uncertain outcome that could, at least in people’s minds, include jail time. Many make the decision to just not show up hoping it will go away, but it won’t, and an arrest warrant is issued.

Recently, I have had the opportunity to counsel some individuals who are trying to take this unique time in our history to get their lives on track, focus on and continue their education, plan for a career and prepare for the future, all admirable traits. However, in their past, they faced the same dilemma of getting a traffic ticket without the money to pay. Today, they find themselves with outstanding warrants that stand in the way of their futures. After a lot of convincing to get them to contact the courts to get these issues resolved with the assurance from me that, particularly in these tough times, they would find a compassionate solution, I find that it is the court itself that stands in the way of their aspirations.

Their entreaty for a simple payment plan is met with what seems to be to be a hard hearted and unsympathetic ear. The response from the prosecutor’s office: pay in full the fines, the fees, the court costs, the penalties in full or do hours of community service taking away valuable opportunities to work in a paying job to provide for rent and food or face the possibility of jail. The option of jail is not feasible today for reasons not only due to the high cost to the taxpayer, but also the health implications caused by the pandemic. In my mind, none of the resolutions offered by the court are feasible solutions. They do however represent the way “we’ve always done it.” In my mind and in light of the unique environment in which we all find ourselves, we should strive to look for better solutions, solutions that involve compassion, reasoning and produce outcomes that create a positive result not a negative one.

Here’s where we stand in my efforts to advise these individuals who are seeking to move forward with their lives. Outstanding Warrant = No Driver’s License Renewal; No Driver’s License = Possibly Driving Without a License; Getting Stopped = Going to Jail and Loss of a Job; Can’t Afford to Pay the Demands of the Court = Warrants Remain Outstanding.

This is just an endless “do loop” that keeps our court system clogged with a growing number of unsolved cases and disrupted lives that continues to increase the drag on our society.

Solution……the courts need to develop ways to offer a win/win solution: lowering fines, eliminating fees, offering extended payment terms and conditional removal of warrants that allow for people to renew their licenses, drive legally and get to and from work and providing for their families.

Don’t misunderstand my comments. I am not making any excuses for the ill advised decisions these individuals made in their past. However, I am only stating the reality faced by many in our community and the consequences on their lives, the lives of their families and the impact on our society. In my opinion, there are better ways to yield a positive outcome and our local courts, if they only will, can provide that solution.

I am for a judicial system that develops compassionate solutions to allow people to get and keep their lives on track, particularly our most vulnerable population: our youth and financially less fortunate.