Last year, WHQR’s Kelly Kenoyer spent weeks in New Hanover County courtrooms, watching cases involving homeless people. Thanks to a new county rule and increased public scrutiny, many of these people have been pushed from encampments–and with limited shelter space, have literally nowhere to legally lay their head at night.
In the courtroom, some defendants found their lack of housing criminalized. But others–perhaps unexpectedly–found respite.
As Kenoyer reported for an episode of The Newsroom, several variations of “compassionate court” are attempting to offer more than a pair of handcuffs and a jail cell. While these courts still hold people accountable for criminal behavior, they take a very different approach–one that may be not only more humane, but more effective in addressing homelessness.
WHQR’s News Director Ben Schachtman talked to Kenoyer about her reporting project.
Ben Schachtman: What surprised you about your time reporting this piece?
Kelly Kenoyer: Initially, I was shocked by how fast cases move through the court system. For example, on January 24, nearly 200 defendants are scheduled to appear in courtroom 317 for the morning session of district court. It happens incredibly, incredibly fast.
Schachtman: It’s a kaleidoscope of humanity. It can be weird, funny, and very sad–but you also just get a staggering sense of how much humanity is being ‘processed’ by the system.
Kenoyer: Yes, I think this is the “gears of justice” turning very, very fast, and chewing people up a bit in the process. But I was a little surprised to see the compassion that comes through even in that whirlwind. That comes in the form of deferment programs: empowerment court and addiction recovery court. And we see that ADAs, public defenders, and judges work in concert with members of the sheriff’s office to remove non-violent offenders from jail.
That last component is less about compassion and more about preserving jailbeds. It costs taxpayers $100 per night to keep someone in jail, so managing that resource effectively is key to protecting public resources.
Schachtman: What’s one thing you think people misunderstand about the process?
Kenoyer: I think a lot of people assume jail is the most severe consequence someone can face, but a lot of people end up there for extended periods of time just because they can’t afford bail.
It used to be much more common than it is now, but some defendants have even stayed in jail for longer than the maximum penalty for a crime, waiting for their court date with a judge.
Many people also assume jail or prison is the only version of accountability built into the American justice system, but that’s not true. Parole can set up conditions like sobriety, curfew, and limits on who a person spends time with. In other states, it’s common for parole to land people in jail for extended stays for minor slip-ups. But the Justice Reform Act in North Carolina made it so smaller penalties, like “quick dips” in jail, are a more common approach to accountability.
For diversion programs, essay writing and community service mandates are much more common penalties. And they seem to work! For drug recovery court, the success is long-term. Judge James Faison, who oversees the program, says within a year after graduating 92 percent of participants did not reoffend, and 99 percent were employed. That’s far better than the recidivism rate in regular court, where 49 percent of people reoffend within two years.
Schachtman: This is obviously a big, complicated issue, but what was one takeaway for you?
Kenoyer: It’s clear that jail isn’t the best solution for complicated problems like addiction, mental illness, and the housing crisis. It’s expensive, and it doesn’t improve the material conditions of the people who go in. It often instead makes things worse for them.
Empowerment and recovery courts, sometimes called “compassionate” systems, seem to effectively transform people’s views of themselves for the better. The judges overseeing these courts take the time to build up the self-confidence and social skills of the participants, and it’s incredible to see how confident and happy participants are at their graduation.
Schachtman: I don’t want to paint too sanguine a picture here–there are limitations. These specialized courts cost money, and they require the political will to stand them up and keep them going. And, they’re specialized–so not everyone fits the profile of who can be helped.
Kenoyer: While existing compassionate courts capture some of the homeless population, for example, others slip through the cracks–often, paradoxically, because the crimes they commit aren’t severe enough.
And, in general, there are definitely more populations that could benefit from the resources and personalized touch of compassionate court. These court systems feel like an “adulting reboot,” and that’s a really major change for a lot of people who’ve fallen off the right path.
Court is a place where the government is directly interjecting into a citizen’s life, when it otherwise might never touch them. Compassionate court asks the question: How can that contact make a citizen’s life better, instead of worse? And I ask, how can these systems be expanded to reach more people?
Listen to Kenoyer’s episode of The Newsroom here.
Catch up on an audio conversation on last week’s edition of The Dive here, or contact us with story ideas and feedback at wilmington@theassemblync.com.
First Amendment vs. Traffic
Earlier this month, U.S. Rep. David Rouzer (R-N.C.) filed a bill that would make blocking a public road a federal crime. Rouzer’s House bill is identical to one North Carolina Sen. Thom Tillis filed last month.
Both Rouzer and Tillis cited an incident that took place in Durham on November 3 as a catalyst. Pro-Palestinian protestors blocked rush-hour traffic on the Durham Freeway for two and a half hours and the Durham Police Department made no arrests. Protestors also blocked traffic in downtown Raleigh for an hour the following week with no arrests.
Of course, legislating on the issue is a tricky question, as it must balance people’s First Amendment rights with safety.
The bills are based on the argument that blocking traffic interferes with business activities. Similar legislation filed by Florida Sen. Marc Rubio in September attempted to make “deliberately” blocking traffic on interstate highways a federal crime, but that bill hasn’t moved.
The Rouzer and Tillis bills include a penalty of up to five years in prison for violating the proposed law.
Road-blocking protests in Rouzer’s district, which includes New Hanover, Brunswick, Robeson, and Cumberland counties, haven’t been much of an issue since the George Floyd demonstrations in 2020.
At the time, law enforcement and protestors had a handful of standoffs on 3rd Street in Wilmington. Police made several arrests, many for “failure to disperse on command”–i.e., not moving when told to–but none for blocking the road.
“It is not fair to the millions of law-abiding Americans who need to care for their families or commute to work to be held up on public roads their tax dollars maintain,” Rouzer said in his newsletter Tuesday.
The International Center for Nonprofit Law, a group that supports civic rights, has added the Tillis and Rouzer bills to its list of protest-restricting legislation. The group contends that lawmakers are seeking to restrict First Amendment rights; traffic-related bills are the most popular, according to the group’s tracker, followed by bills that expand the definition of rioting.
– Johanna F. Still
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Around the Region
Peak Passengers: Wilmington International Airport set a new passenger record for the second year in a row, Greater Wilmington Business Journal reports–1.3 million in 2023, up 21 percent from 2022.
STR Workaround: Southport is in a bind when it comes to managing short-term rentals, after a Wilmington court ruling barred the city from requiring registration, the State Port Pilot reports.
Canceled and Discontinued: The owner of Edward Teach Brewery and its attorneys spoke to The StarNews this week, the first direct response to accusations in a viral Facebook post that prompted a boycott earlier this month.
Around the State
How To Design Safer Schools
In an era of mass shootings, architects are striving to create safe spaces for students without making schools into fortresses.
Republicans Try To Get One of Their Own Off the Ballot
In Rockingham County, the GOP attempts to remove a neo-Nazi podcaster from the ballot.
Time For Some Traffic Problems in Wilmington
A traffic nightmare arrives on the eve of a consequential infrastructure vote and raises questions about Wilmington’s political sway.
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