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Teaming up for change

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Juvenile Justice

A unique conference addressing improvements to juvenile justice systems in various communities nationwide drew experts to Indianapolis recently to share information.

The daylong “Summit on Racial Disparities in the Juvenile Justice System: A Statewide Dialogue,” organized by the Indiana State Bar Association, Indiana Supreme Court Administration, and the Indiana Criminal Justice Institute, took place Aug. 27. The conference was a followup to a study by the Commission on Disproportionality in Youth Services, which was established by the Indiana General Assembly in 2007.

That study showed that in Indiana there is evidence of disproportionate minority confinement, or DMC, but the conference wasn’t just about the numbers - it was also about improving the circumstances behind the statistics. One of the conference’s main goals was to bring all stakeholders to the table to listen to what has worked for other communities and to discuss the issues that might discourage DMC when arresting, charging, and sentencing youth.

Local and national lawyers

The event did just that; politicians, lawyers, judges, social workers, educators, law enforcement officers, and even parents were in the audience to hear experts in the field share stories and suggestions about how similar programs can be implemented in Indiana.

In his opening remarks, ISBA president R. William Jonas Jr. said the state bar was proud to move forward on the issue as he emphasized the focus should be on each individual child in the system and what is best for them.

“This is a little bit of a touchy subject,” he said to a room full of nodding heads and muffled agreement. “It can be difficult to talk about. The speakers may challenge your ideas. From the ISBA’s perspective, we want those challenges. We want concrete steps to bring us to solutions.”

The working chairs were Marion Superior Judge Tanya Walton Pratt and Lake Circuit Judge Lorenzo Arredondo. The honorary chairs were Indiana Supreme Court Chief Justice Randall T. Shepard and Rep. William Crawford, D-Indianapolis.

Chief Justice Shepard thanked those who were participating because, he said, he knew they were there and doing the work they do not because they had to, but because they wanted to help those in the juvenile justice system.

Clayton“People show up again and show up again because it matters to them,” he said.

He added while the state has never been color blind, that hasn’t prevented Hoosiers from making progressive changes.

Speaker Michael Patchner, dean of the Indiana University-Purdue University Indianapolis School of Social Work, thanked the legislature for enacting laws that were a direct result of the commission’s recommendations. He said when he first started working with the commission, he noticed the automatic doors were there for people with disabilities, yet they were also helpful to everyone, including him. That experience, he said, made him realize that regulations that were meant to help one part of the community were also beneficial to the rest of the community, much like the programs discussed during the summit.

Role models

Among the speakers who highlighted successful programs were a judge in Georgia; an advocate who worked with police for the Massachusetts Bay Transit Authority in Boston; the Madison, Wis., chief of police; a district attorney for the juvenile unit in Portland, Ore.; a prominent civil rights attorney based in Washington, D.C.; the founder of the Juvenile Justice Initiative in Illinois; and the founder of a national organization based in San Francisco.

Judge Steven Teske of Clayton County, Ga., said he had met with several juvenile court judges in Indiana to look over the code and see what could be changed.

For the program in his county, Judge Teske said it was a matter of determining which types of offenses were being punished and how that was taking away from the officers’ real reason for being in the school: as a deterrent to unsafe behavior and drugs. Looking at the numbers, 90 percent of arrests were misdemeanors. Of those, most were for disrupting school, fights, and disorderly conduct. He said these were the kinds of things most high school students would do, only it would be more appropriate for them to be sent to the principal’s office and not to a police officer.

ShepardAfter working with teachers and officers to overhaul the system, Judge Teske’s caseload dropped from 165 to 30. Those 30, he said, are the ones who truly needed to be in the system.

School resource officers could then spend more time at schools where they could oversee those who needed to be supervised. Recidivism was reduced, and the community became a safer place as more crimes outside of the schools were being solved with help from students.

In one case, a school resource officer’s conversation with a student using profanity led to a drug dealer’s arrest, explained Sgt. Mark Richards, who oversees the school resource officers in Clayton County. Other crimes such as homicides and armed robberies have been solved with the help of students.

There were many challenges in the collaborative process, he said, suggesting those who want to consider their own systems start by talking to stakeholders individually and to have a neutral mediator facilitate conversations.

Lisa Thurau of Strategies for Youth in Cambridge, Mass., had a similar experience. When she learned many minority students were being arrested on Boston’s public transit, she discovered all the students were being arrested at the same stop by the same handful of officers when school was released. After a struggle with the transit authority, including press involvement, she eventually got them to the table.

ArredondoSince 2004, the StopWatch Program she helped create has dramatically decreased arrests of students.

She has also worked to educate youths and their parents about how to interact with police, has worked with police departments in Cambridge and Everett, Mass., and is currently training police in Nantucket on how to interact with youth.

Optimistic for change

While it’s a daunting task to make the kinds of sweeping changes participants learned about through other national examples, this summit was meant to show the stakeholders in Indiana that it’s not impossible if others could do it, like lunch keynote speaker James Bell, founder of the W. Haywood Burns Institute in San Francisco, which considers DMC issues.

“You must know and believe in the depths of your soul that this is a solvable problem,” he said.

To do this, he suggested participants focus on specific goals by eliminating abstractions, reach a consensus regarding the purpose of detention, and build a collaborative model for all involved.

ThurauTo do that in Indiana, at the end of the summit an 18-member panel discussed what comes next to make sure these issues are addressed and remain a priority.

A summit report will be released in December, and after that a working group will continue for six to nine months, a way that planning committee member Dr. Daniel Lowry said will ensure “this isn’t the end of the story, but the beginning.”

For more information about the summit, including the Indiana Commission on Disproportionality in Youth Services 2008 Final Report, visit the ISBA’s Web site, www.inbar.org

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  1. Yes diversity is so very important. With justice Rucker off ... the court is too white. Still too male. No Hispanic justice. No LGBT justice. And there are other checkboxes missing as well. This will not do. I say hold the seat until a physically handicapped Black Lesbian of Hispanic heritage and eastern religious creed with bipolar issues can be located. Perhaps an international search, with a preference for third world candidates, is indicated. A non English speaker would surely increase our diversity quotient!!!

  2. First, I want to thank Justice Rucker for his many years of public service, not just at the appellate court level for over 25 years, but also when he served the people of Lake County as a Deputy Prosecutor, City Attorney for Gary, IN, and in private practice in a smaller, highly diverse community with a history of serious economic challenges, ethnic tensions, and recently publicized but apparently long-standing environmental health risks to some of its poorest residents. Congratulations for having the dedication & courage to practice law in areas many in our state might have considered too dangerous or too poor at different points in time. It was also courageous to step into a prominent and highly visible position of public service & respect in the early 1990's, remaining in a position that left you open to state-wide public scrutiny (without any glitches) for over 25 years. Yes, Hoosiers of all backgrounds can take pride in your many years of public service. But people of color who watched your ascent to the highest levels of state government no doubt felt even more as you transcended some real & perhaps some perceived social, economic, academic and professional barriers. You were living proof that, with hard work, dedication & a spirit of public service, a person who shared their same skin tone or came from the same county they grew up in could achieve great success. At the same time, perhaps unknowingly, you helped fellow members of the judiciary, court staff, litigants and the public better understand that differences that are only skin-deep neither define nor limit a person's character, abilities or prospects in life. You also helped others appreciate that people of different races & backgrounds can live and work together peacefully & productively for the greater good of all. Those are truths that didn't have to be written down in court opinions. Anyone paying attention could see that truth lived out every day you devoted to public service. I believe you have been a "trailblazer" in Indiana's legal community and its judiciary. I also embrace your belief that society's needs can be better served when people in positions of governmental power reflect the many complexions of the population that they serve. Whether through greater understanding across the existing racial spectrum or through the removal of some real and some perceived color-based, hope-crushing barriers to life opportunities & success, movement toward a more reflective representation of the population being governed will lead to greater and uninterrupted respect for laws designed to protect all peoples' rights to life, liberty & the pursuit of happiness. Thanks again for a job well-done & for the inevitable positive impact your service has had - and will continue to have - on countless Hoosiers of all backgrounds & colors.

  3. Diversity is important, but with some limitations. For instance, diversity of experience is a great thing that can be very helpful in certain jobs or roles. Diversity of skin color is never important, ever, under any circumstance. To think that skin color changes one single thing about a person is patently racist and offensive. Likewise, diversity of values is useless. Some values are better than others. In the case of a supreme court justice, I actually think diversity is unimportant. The justices are not to impose their own beliefs on rulings, but need to apply the law to the facts in an objective manner.

  4. Have been seeing this wonderful physician for a few years and was one of his patients who told him about what we were being told at CVS. Multiple ones. This was a witch hunt and they shold be ashamed of how patients were treated. Most of all, CVS should be ashamed for what they put this physician through. So thankful he fought back. His office is no "pill mill'. He does drug testing multiple times a year and sees patients a minimum of four times a year.

  5. Brian W, I fear I have not been sufficiently entertaining to bring you back. Here is a real laugh track that just might do it. When one is grabbed by the scruff of his worldview and made to choose between his Confession and his profession ... it is a not a hard choice, given the Confession affects eternity. But then comes the hardship in this world. Imagine how often I hear taunts like yours ... "what, you could not even pass character and fitness after they let you sit and pass their bar exam ... dude, there must really be something wrong with you!" Even one of the Bishop's foremost courtiers said that, when explaining why the RCC refused to stand with me. You want entertaining? How about watching your personal economy crash while you have a wife and five kids to clothe and feed. And you can't because you cannot work, because those demanding you cast off your Confession to be allowed into "their" profession have all the control. And you know that they are wrong, dead wrong, and that even the professional code itself allows your Faithful stand, to wit: "A lawyer may refuse to comply with an obligation imposed by law upon a good faith belief that no valid obligation exists. The provisions of Rule 1.2(d) concerning a good faith challenge to the validity, scope, meaning or application of the law apply to challenges of legal regulation of the practice of law." YET YOU ARE A NONPERSON before the BLE, and will not be heard on your rights or their duties to the law -- you are under tyranny, not law. And so they win in this world, you lose, and you lose even your belief in the rule of law, and demoralization joins poverty, and very troubling thoughts impeaching self worth rush in to fill the void where your career once lived. Thoughts you did not think possible. You find yourself a failure ... in your profession, in your support of your family, in the mirror. And there is little to keep hope alive, because tyranny rules so firmly and none, not the church, not the NGO's, none truly give a damn. Not even a new court, who pay such lip service to justice and ancient role models. You want entertainment? Well if you are on the side of the courtiers running the system that has crushed me, as I suspect you are, then Orwell must be a real riot: "There will be no curiosity, no enjoyment of the process of life. All competing pleasures will be destroyed. But always — do not forget this, Winston — always there will be the intoxication of power, constantly increasing and constantly growing subtler. Always, at every moment, there will be the thrill of victory, the sensation of trampling on an enemy who is helpless. If you want a picture of the future, imagine a boot stamping on a human face — forever." I never thought they would win, I always thought that at the end of the day the rule of law would prevail. Yes, the rule of man's law. Instead power prevailed, so many rules broken by the system to break me. It took years, but, finally, the end that Dr Bowman predicted is upon me, the end that she advised the BLE to take to break me. Ironically, that is the one thing in her far left of center report that the BLE (after stamping, in red ink, on Jan 22) is uninterested in, as that the BLE and ADA office that used the federal statute as a sword now refuses to even dialogue on her dire prediction as to my fate. "C'est la vie" Entertaining enough for you, status quo defender?

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