Setting the record straight on D.A.’s practices

At February’s City Council Criminal Justice Committee meeting, judges, attorneys, psychologists, and juvenile justice administrators unanimously agreed that prosecuting juveniles in the adult system, where there is increased risk of suicide, psychological and physical harm, and no age appropriate treatment to foster rehabilitation, should be used sparingly. The presenters spoke, for four hours, about local and national studies that consistently demonstrate that the public is safer when appropriately screened youth are processed through the juvenile system instead of the adult system. Their testimony is available at www.nolacitycouncil.com.

Our District Attorney did not attend this meeting, although he was invited. Instead, he wrote three letters clouding the issue of youth transfer by accusing me of making this about politics. This issue is much larger than just the two of us. As a Councilmember, I see not only how the multiple parts of the criminal justice system function together, but also the collateral damage within our community when they don’t — youth who can’t finish school or find housing or employment due to adult criminal records.

The Director of the National Center for Victims of Crime testified in favor of the resolution asking for a comprehensive screening process, stating that by keeping appropriate youth in the juvenile system we are preventing future victims, and that the majority of the 15 and 16 year olds we are talking about – not “murderers and rapists,” for whom the District Attorney does not use his transfer discretion – are victims themselves, traumatized by violence in their communities. These are not excuses. Rather, they are reasons to keep most youth in the juvenile system, where they can be rehabilitated and are significantly less likely to commit new crimes when released.

There are times when you learn things that compel you to act, because to not act would be to shirk your social and moral responsibility. I have heard too much from judges, lawyers and families, about the injustice and harm caused by the irresponsible rate of transfer of eligible 15- and 16-year-olds. I had meetings with the District Attorney seeking agreement to use a comprehensive screening process for these cases, to no avail. This left two options: give up or bring this issue to the public. I chose the latter.

The D.A. demands a list of cases that should not have been transferred. This is disingenuous, as only the judges, defense attorneys and prosecutors have the information that should be evaluated during screening, much of which is protected.
Here is one name: Javonte Bell. Mr. Bell was declared incompetent to stand trial in juvenile court. Nevertheless, the D.A. transferred him to adult court, where he ultimately received probation and no services to improve his mental health. At a time when we could be spending funds to improve our mental health system, he is a perfect example of the systemic problems with the current transfer policy which does not rehabilitate our youth, and why the resolution calls for accountability and transparency from our District Attorney’s office.

– Susan Guidry
The Honorable New Orleans
City Councilperson
District A

This article originally published in the March 7, 2016 print edition of The Louisiana Weekly newspaper.