Community Court Dispenses Justice, Sunset Style

By Peter Sciacca

Several petty criminals in the Sunset District are roaming freely, thanks to the district attorney's office.

Instead of jail time, these misdemeanor offenders have pleaded guilty and agreed to answer directly to the neighborhood through the District Attorney's Community Court program. Several of the courts are held monthly in the City. The Sunset District court, which began in April, is the latest addition.

As an alternative to jail sentences, the offender faces financial restitution, counseling, community service or a combination. After criminals complete the program, the violation is removed from their records.

"The most common cases are vandalism but we also see shoplifting, selling tobacco to minors, drug offenses, possession of burglary tools, sleeping in vehicles and noise disturbances," said community organizer Megan Agee, who played a large role in founding the Sunset Community Court.

"This is typical of the types of cases I saw while working with members of other community courts in San Francisco."

The court is held on the first Wednesday of each month and has averaged about 10 cases during the first few sessions.

"Our limit would be 15 because any more would be too much to get through," Agee said.

The court is comprised of three to five residents, who are appointed arbitrators, and a police officer, to read charges and monitor the proceedings. Arbitrators come from a variety of backgrounds.

"They include 18-year-olds, retirees, teachers, legal professionals and community activists," Agee said. "I'm pleased with the diversity."

A variety of strategies are used to recruit arbitrators.

"We've had community leaders call around to see who wants to become involved," Agee said. "We have also done a lot of outreach at public meetings. With the right training, almost anyone from the neighborhood can become qualified."

Training consists of a four-hour mediation seminar.

"They learn about the history of the program, why we have it, how to ask questions, how a typical case is heard, the ways that various crimes affect the community and the types of punishments they can hand out," Agee said. "We also stress that this is an optional program for the offender."

At any point while a community court case is being heard the offender can elect to have his or her case handled by a conventional court instead.

Each case begins with the officer reading the offender's charges to the court. The offender then has the opportunity to explain his or her side of the story while fielding questions from the arbitrators. The accused then has to leave the room while the arbitrators decide on a punishment. All community court sessions are open to the public.

Despite the short history of the Sunset Community Court, Agee said there are two cases that she touts as great examples of how effective the arbitration program is.

"One person was charged with shoplifting and the arbitrators asked him why he stole," she said. "We found out that he took meats and cheeses to feed his family. After the ruling he showed a lot of initiative by getting a job and starting community service immediately."

The second case involved a San Francisco State University student caught vandalizing property while drunk.

"He was very receptive when the arbitrators explained the harm done by his actions," Agee said. "He might not have had that interaction in a court room."

In addition to community court sessions, everyone involved with the program meets once a month for an orientation meeting.

"We discuss the logistics of upcoming cases, try to find ways to improve the program and go over procedures," Agee said. "We want everyone to remain connected and informed so we're all on the same page."

Sunset Community Court sessions are held at 10 a.m. on the first Wednesday of every month at Sunset Youth Services, at 3918 Judah St. For more information, call Agee at 759-3690.