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Clark County’s Community Court ‘way different from regular court’, sees success in helping the homeless

Program focuses on assistance, not punishment to get people back on track

By Alexis Weisend, Columbian staff reporter
Published: July 13, 2024, 6:14am
7 Photos
Clark County Community Court members listen to a participant July 1 at Recovery Cafe. Almost half of those participating in the court have graduated since it launched in April 2023..
Clark County Community Court members listen to a participant July 1 at Recovery Cafe. Almost half of those participating in the court have graduated since it launched in April 2023.. (Photos by Taylor Balkom/The Columbian) Photo Gallery

Jacob Anderson isn’t sure when he lost hope. He had big dreams of being an artist and a therapist like the one who helped him through hard times in junior high. But somewhere along the way, the plan fell apart.

Last month, he was rolling up his tent when a Vancouver police officer issued him a citation for unlawful camping, he said. Anderson said he had been homeless on and off for years and felt “broken,” so he had stopped trying to get help.

The citation landed him in Clark County’s Community Court, where people can clear homelessness-related citations from their records by engaging with services. Anderson expected Community Court to be as unhelpful as traditional court had been for him in years past. Instead, participating fanned a flicker of hope for him.

“It’s way different from regular court,” Anderson said. “They pretty much force you into helping yourself. I was kind of being lazy about it. It’s given me consistency and routine.”

It’s been one year since the launch of Clark County Community Court to connect homeless people with resources rather than punish them for living outside. While Seattle deemed a similar effort a failure and shut it down, Clark County Community Court seems to be making headway. Almost half of all eligible participants graduate, and half of those are going directly into housing, according to the city of Vancouver.

The joint effort between Clark County District Court and the city of Vancouver has received Clark County mental health sales tax funds, as well as state dollars. Vancouver officials consider the program such a success they agreed to let the court move into a city-owned building at 5107 E. Fourth Plain Blvd., which will expand the court’s capacity.

The most common reasons people appear in Community Court are for unlawful camping or storage of personal property in public, but other eligible offenses include trespassing, disorderly conduct, park curfew violations, urinating in public and unlawful bus conduct.

After a pandemic slump, the city ramped up its use of camping-related citations in the past year to help people who won’t help themselves. Community Court can require their participation in such services as health care and housing assistance, officials said.

“The traditional court process really gave them no support,” city prosecutor Kevin McClure said. “We’re attempting to give them help.”

Fixing a ‘vicious cycle’

Community Court sessions occur in a space that looks more like a classroom than a courtroom. The judge, prosecutor, defense attorney and defendant sit together at a paint-stained table in a small room at Recovery Cafe, a nonprofit on Fourth Plain Boulevard that helps people recover from addiction.

“It’s a more informal setting. There’s less distinction between the parties. The judge isn’t sitting up on a pedestal wearing a robe. They’re not wearing a robe at all. You’re sitting at the same table,” said Christie Emrich, who leads Vancouver Defenders, which represents participants in Community Court.

It’s a much better environment for people than a courtroom, Emrich said, especially for those who remember how the city used to handle homelessness-related offenses.

Clark County Community Court

42% of the 92 people referred to Community Court in its first year of operation graduated.

52% of people who graduate Community Court exit into housing as of December.

Starting in 2016, the city of Vancouver escalated its use of citations for camping. In 2018, the city issued almost six times as many citations it did in 2015.

“Prepandemic, the city was routinely charging these crimes,” Emrich said. “Defendants were regularly being arrested, serving one or two days in custody and being released, maybe placed on probation. It was a pretty vicious cycle.”

Most people who received citations for camping often failed to show up for their court dates, Emrich said, because they lacked working phones or reliable transportation, and then ended up arrested.

“They would lose their belongings. They would come out of 48 hours of being in jail with nothing and have to start over again. Maybe they lost their ID, their money, their food stamp card, their shelter,” Emrich said. “The damage it did to individuals was extreme.”

Unlike traditional court, people can receive help with transportation to and from Community Court. Instead of serving jail time or paying fines, participants serve on work crews tending gardens to supply the Clark County Food Bank, and have a chance to wash their clothes and take a shower, Emrich said.

If people fail to appear, the court will often give them a chance to come back and have their warrants quashed, given that being homeless can make it harder to show up for appointments, said Beth Robinson, therapeutic specialty courts coordinator.

Citations fall, rise

Once the pandemic hit, the U.S. Centers for Disease Control and Prevention recommended against removing homeless camps because people needed to isolate in place. The number of camping citations in Vancouver quickly fell off. Officers only issued nine between 2021 and 2022.

That number picked up in 2023 for a couple of reasons. Clark County Community Court opened in April of that year. Then, in November 2023, the Vancouver City Council declared homelessness to be an emergency and empowered all officers — not just those on the city’s homeless assistance and resource team — to issue tickets for camping and related violations. Vancouver police officers issued 109 citations for camping and related violations in 2023, about half the number of citations officers issued in the years before the pandemic.

Despite a recent U.S. Supreme Court ruling making it easier for cities to fine or arrest homeless people even if shelter space isn’t available, city officials have said they have no plans to step up citations for camping.

Ryan Smith, an outreach worker for a nonprofit called Outsiders Inn, helps escort people to Community Court hearings. He said he has mixed feelings about using citations to compel people to seek help. Community Court is a supportive environment that pushes people to connect with resources, but interactions with law enforcement can create stress and panic, he said.

“So many people have experienced trauma from law enforcement or the judicial system,” Smith said. “We know it’s going to take time and a lot of word of mouth to create trust in this community.”

High graduation rate

Although people who receive camping and related citations have a choice between traditional court or Community Court, most opt into the new program, court data shows. Emrich said people may choose traditional court if they want to contest the citation or aren’t ready to seek help.

Officers referred 130 people to Community Court in its first year of operation, April 2023 to April 2024. Excluding those who are currently participating in Community Court, 42 percent of people who entered the court have graduated.

That’s a much higher rate than Seattle’s Community Court, where only 22 percent of people graduated or engaged with services, according to the Seattle City Attorney’s Office. As a result, Seattle shut down the court in 2023 after three years of operation.

People who went through Seattle’s Community Court were also more likely to commit a crime after participating than people in pre-filing diversion.

Clark County’s Community Court does not have data comparing recidivism rates in Community Court and traditional court. However, Emrich and McClure said they believe people will be less likely to reoffend after Community Court because most people leave housed.

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As of December (the most recent data collected by the city), 52 percent of graduates went into some sort of housing.

Sonja Rainwater, a woman with a gentle voice and lavender hair, said participating in Community Court is getting her closer to housing after more than three years on the streets, where she often feels lonely and scared.

She was nervous when an officer handed her a camping citation, she said, but now she’s grateful for it.

“I never thought I’d experience homelessness. But as I’m going through this, I’m learning. I’m seeing what my next steps are in life,” she said. “There are so many different resources that are here to help you.”

Rainwater hopes Community Court will get her housing and a job that will let her feel a sense of accomplishment at the end of the day. When that happens, she wants to create a food cart to feed others living on the street.

Anderson said services through Community Court have been helping him find housing — an effort he wasn’t willing to make when he was on the streets. In the future, he hopes to go back to Clark College to pursue his dream of being a therapist and build up art supplies he’s lost over time.

Although he’s not exactly glad he received the citation for camping, he sees the benefit, he said.

“It’s kept me on track,” he said.

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This story was made possible by Community Funded Journalism, a project from The Columbian and the Local Media Foundation. Top donors include the Ed and Dollie Lynch Fund, Patricia, David and Jacob Nierenberg, Connie and Lee Kearney, Steve and Jan Oliva, The Cowlitz Tribal Foundation and the Mason E. Nolan Charitable Fund. The Columbian controls all content. For more information, visit columbian.com/cfj.

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