‘Voice of the Experience’ host forum for judicial run-off candidates
5th December 2016 · 0 Comments
By Allen Johnson
Contributing Writer
On the last Monday night in November, the community center behind Corpus Christi-Epiphany Catholic Church (2022 St. Bernard Ave.) bustles with activity – much like the church’s history.
Tulane University geographer Richard Campanella, writing in his book, Geographies of New Orleans: Urban Fabrics Before the Storm (Center for Louisiana Studies, 2006) observed that Corpus Christi church in the Seventh Ward was built in 1916 in response to the racial segregation of churches, streetcars and public facilities during the Reconstruc-tion Era in New Orleans.
The church was founded by the Josephites, a religious order begun in the 1870s to help freed slaves endure the Reconstruction Era and later, decades of voter disenfranchisement. (http://www.josephites.org/about-us/our-history/.)
Tonight, nearly 150 years later, a cheerful troop of green-uniformed, African-American Boy Scouts convene in a first-floor classroom of the church community center.
In the gymnasium upstairs, some 50 people are gathered for a unique political forum leading up to the Dec. 10 runoff election for judge of New Orleans Criminal District Court.
The debate is hosted by V.O.T.E. (“Voice of The Experienced,”) a self-described “criminal justice reform group” founded in 1987 by prisoners at the Louisiana State Penitentiary at Angola. (http://www.vote-nola.org/).
Originally named “Voice of The Ex-offender,” is now a youthful, racially diverse, nonprofit organization whose purpose is to protect the public and end “the disenfranchisement and discrimination of people with convictions.”
“The December 10 runoff election is perhaps more important than the November 8 election,” VOTE Executive Director Norris Henderson, moderator of the forum, says. “Runoffs typically have much lower voter turnout, so VOTE is working to provide a platform for the community to hear directly from their candidates, engage individuals with their local government, and highlight the direct impact that these offices have on our daily lives. Criminal justice is one of the largest problems in New Orleans right now and we’re working to reform it.”
A key goal of the group is to restore voting rights to thousands of people now on probation or parole in Louisiana – the nation’s per capita “incarceration capitol” of both adjudicated adults and juveniles.
On this night, both runoff candidates for judge of Criminal Court agree with the group, which doesn’t endorse political candidates.
“The 1973 Constitution granted restoration of voting rights to people that have been convicted of felonies,” says state appellate court Judge Paul Bonin, one of two runoff candidates seeking to fill the Criminal Court seat vacated by the retirement of Judge Frank Marullo.
Bonin, who served as an elected judge to New Orleans Traffic Court (1997-2008) before his election to Louisiana Fourth Circuit Court of Appeal in 2008, finished first in a field of three candidates in the Nov. 8 primary election for Criminal Court judge.
Bonin tells the forum crowd that Louisiana courts interpreted the law as meaning voting rights may be restored after a criminally charged person has completed his or her sentence, Bonin says. The judge adds he is in favor of restoring voting rights sooner to include people on probation and parole.
Runoff opponent Kevin Guillory, a lawyer and former state prosecutor, also opposes voting restrictions on parolees and probationers. “I think it’s a way to disenfranchise certain groups of people,” Guillory tells the crowd.
Just because someone “made a mistake” doesn’t mean he or she doesn’t care about the community. “Every person of voting age should be allowed to vote.”
Both candidates also expressed frustration with what they viewed as a lack of legal training for New Orleans Police officers. “I’m amazed that police are not even giving proper Miranda warnings sometimes,” Bonin says, referring to a 1966 U.S. Supreme Court decision (Ernesto Miranda v. Arizona), requiring police to inform suspects of their legal rights when effecting an arrest. Police failure to follow Miranda can result in a judge’s dismissal of a criminal case – and a loss of public confidence in the criminal justice system. “A judge can’t overlook a technicality,” Bonin says, adding: “A judge must be a courageous person. A judge cannot be fearful that a ruling is going to be unpopular.”
Guillory, a defense attorney who gained 12 years of experience as a prosecutor before leaving the Orleans Parish District Attorney’s Office as a trial supervisor in 2011, also says local police are not being properly trained in the law. “It’s clear they don’t have a grasp on what elements of the law are necessary in order to have a valid arrest.”
Annual legal training for all NOPD officers is a requirement for all officers, under federal consent decree governing the court-ordered reform of the Police Department. (U.S. v. City of New Orleans, 12-1924) A recent report by the Consent Decree monitor found “inconsistent” legal training in the city’s eight districts, and spotty training for detectives in the critical areas of interrogation and confessions.
Judge Bonin suggests ill-conceived post-conviction appeals are impeding resolution criminal cases.
“I’ve gone to Angola several times [as an appellate judge] to work with inmate counsel substitutes to deal with post-conviction appeals.” He indicated inmates appealing sentences put undue emphasis on the law and legalese. “Just tell us how you are getting screwed!” Judge Bonin says.
If elected, Bonin says he would make review of post-conviction cases a higher priority at Criminal Court.
Guillory says he would reduce the number of people returning to prison by expanding court services for former offenders re-entering society, including drug treatment, mental health and Veterans courts.
“If we’re going to effectively change the community, we’re going to need to work outside the four corners of the courtroom,” Guillory says.
The 39-year-old lawyer told the audience he and Judge Bonin, 62, have kept the campaign free of the bitterness found in other election contests.
“We’ve had nothing but spirited, friendly debate,” Guillory tells the audience. “If you are looking for fireworks, you have come to the wrong place.”
In the November 8 primary election, Bonin led with 40.3 percent of the 136,304 votes cast. Fellow Democrats Kevin Guillory (32.13 percent) and Dennis Moore (27.44 percent) finished second and third, respectively.
Bonin’s term as judge on the Louisiana Fourth Circuit Court of Appeal ends Dec. 31, 2022. If Bonin is elected judge of Criminal Court, an election will be called to fill his unexpired term on the appellate court.
VOTE director Henderson urged the crowd to vote on Dec. 10. “Please, go out and vote.”
This article originally published in the December 5, 2016 print edition of The Louisiana Weekly newspaper.
