Homeless veterans may have lost hope, so a court goes mobile to help

Matthew Glowicki | Courier Journal

The cafeteria of the Salvation Army was abuzz. People moved through the room with trays of food in hand. Nearby, volunteers washed the feet of homeless men and women. Others sat and received a flu shot or an eye exam.

It was the annual event for Louisville’s homeless population that brought together the resources and help of dozens of organizations for a one-stop-shop experience, with medical care, housing aid and essential supplies.

Off in the corner, though, was something new. At a plastic folding table draped in a tablecloth, flanked by the flags of the United States and Kentucky, sat a man in a long black robe.

More news: 'It keeps me sober': Arts provide saving grace for Louisville veterans

Today, court was in session.

One by one, the homeless veterans came before Jefferson District Judge Todd Hollenbach IV to hopefully resolve their low-level cases. Amid the clanking of silverware and static of chatter, he asked them about their time in the military, in which branch and where they served.

And for most of the 11 who stood before the judge, bench warrants were set aside and fines or fees were lowered or waived.

“These guys served our country. They have lost hope. They have lost faith in the system,” said Shanna Davidson, veteran justice outreach specialist with the Department of Veterans Affairs in Louisville.

“This is a way to show the veterans we’re on the same team. We’re coming to you. We’re bringing a traditional court to a nontraditional setting. How comforting is that?”

What began last month as a one-day attempt to help homeless and indigent veterans untangle from the criminal justice system may now grow to help more homeless people.

“I’m thinking this is a resource that should be extended to nonveterans as well because they’re affected just like our veterans, and they should be assisted,” Davidson said.

Check out: Five ways you can help the homeless in Louisville

A Navy veteran herself, Davidson has worked with veterans for eight years at the VA. She usually deals with those living with some sort of mental illness or substance abuse issue, some of whom are homeless or live in poverty.

Every day, she gets a list of the newly arrested who say they are veterans. She can also see the daily court docket and which cases belong to them. She sees many charged with lower-level, “nuisance” crimes, she said. Trespassing. Loitering. Menacing. Littering — generally victimless crimes that can still ensnare a person in the criminal justice system and lead to jail time, court fines and a line on their criminal record.

“I’m coming across names of veterans who don’t even know that they’re on this list,” she said. “They don’t even know they have a bench warrant, until they go apply for an apartment and it’s a barrier or until they go apply for a job.”

Besides a possible roadblock to affordable housing or a job, these cases can clutter the court system, not to mention hang over the heads of defendants.

A fresh arrest on a bench warrant means a night in jail, or longer, on the taxpayer’s dime. Some defendants owed just dozens of dollars. A day in jail, on the low end, is around $70.

“I was coming across veterans afraid of the system that they feel is out to get them,” Davidson said. “I was coming across veterans that just didn’t have the resources to pay.”

See also: What's next for Marsy's Law: Supreme Court moves up appeal hearing

From those experiences, the idea for the veterans homeless court was born. It would be a one-day event, added to the annual “Stand Down/Project Homeless Connect” event held at the old Male High School building.

After getting judges, public defenders and prosecutors on board, Davidson developed her list of veterans, which eventually grew to 28.

“It’s not often that you can get everybody in the system to work together, and we all worked together to try and do it,” said Sheila Seadler, a lawyer with the Louisville Metro Public Defender’s Office.

She called many of the defendants ahead of their court date to better understand their situations and then worked with prosecutors to try and best resolve the cases.

Support our journalism Become a Courier Journal subscriber today to support stories like this one. Get unlimited digital access here!

That time, that little extra attention, is not always possible during the bustle of an average day with loaded dockets.

“Sometimes there are way more efficient ways to do things but we don’t always do them in the Hall of Justice due to the sheer volume of cases,” Seadler said.

See also: 'Why come to America?' JCPS' immigrant students work through heartbreak

Rocky Cisney was one of the veterans helped that day, and one of the few who has his own car. He calls the van home, as does Chopper, his Jack Russell terrier.

The 72-year-old Vietnam veteran never showed up to his court date in September, seven weeks after he was cited for misdemeanor trespassing while packing up at the apartment from which he'd been evicted.

"I probably would have ended up in jail over something dinky like that,” Cisney said.

Hollenbach ordered no contact with the location, set aside his warrant and dismissed the case.

"These little misdemeanors don’t make no difference to society, I don’t think," Cisney said. "And I think it's a great idea instead of putting people in jail."

Another defendant owed a $50 fine and was ordered by Hollenbach to do 10 hours of community service.

A 66-year-old who “sleeps out” on the streets, Davidson said, missed a court date for a trespassing charge he’d already pleaded guilty to because he knew he couldn’t pay the $25 fee and didn’t want to be taken to jail.

At the Stand Down event, the warrant was set aside and his case dismissed.

Read more: 'Nothing is childproof': Kids are overdosing on drugs adults leave out

Assistant County Attorney Ingrid Geiser, one of the prosecutors who helped plan the court day, said outstanding bench warrants for missing court dates is a huge problem in the city, particularly for transient defendants.

Just getting to the courthouse, for some, can be a challenge.

"If we help remove some of these barriers, perhaps they can get back on track and become more productive members of society," Geiser said, adding she would like to see the event’s capacity grow next year.

Having planned the court day in just a few months, Davidson acknowledged the 28 people who made her list and the 11 who appeared before the judge was a starting point.

Before she developed her list of candidates, she said she needed to better understand how a court focused on helping homeless defendants could operate.

In September, she flew to San Diego, home of the first homeless specialty court in the country, which was started in 1989. The court, held at local homeless service agencies, allows defendants to resolve misdemeanor cases, often replacing fines and custody with participation in agencies’ programs and services.

The concept has since spread to nine other states.

More news: Man who challenged Kroger shooting suspect says 'I cherish every day'

Davidson isn’t sure how exactly next year’s court day will look, but with more than 6,000 people who were homeless in the area at some point in 2017, she knows there is plenty of need beyond veterans.

Both Seadler and Geiser said they would be supportive of expanding the one-day event but that they weren’t sure how the logistics of finding eligible candidates would work, as building a small list and working to gain trust of the defendants was a time-intensive process.

“Anytime we can target people that may be marginalized in society and get together an event that may help them I think it’s a good thing,” Seadler said. “It’s very simple, but we should help people.”

Reporter Matthew Glowicki can be reached at 502-582-4989 or mglowicki@courier-journal.com. Support strong local journalism by subscribing today: courier-journal.com/mattg.