Itās 9:30 a.m. on a Thursday in late September and four young men in their early 20s sit bundled in gray and black hoodies in the gallery waiting room of a makeshift courthouse in North Lawndale, killing time on their phones. All are charged with nonviolent drug possession, and all are taking a chance on a new restorative justice court that promises a chance to wipe their records clean if they can make amends to their communities. The court opened August 31 and these four are among the first group of 12 defendants, all West Side men ages 18 to 26 charged with low-level nonviolent misdemeanors and felonies.
At least weāre not at ā26th and California,ā says 22-year-old Tobias Pierce (all defendant names in this story are pseudonymous, at their request), referring to Chicagoās notorious Cook County Jail, where he was held for two years while on trial for armed robbery. āIf [the guards] feel like you disrespecting them, they feel like they can harm you,ā he says. āYou down in the basement and aināt no cameras down there.ā Although Pierce was found not guilty, he says those two years set him back. āThere was no job waiting for me ācause I had been in jail for the past two years. Yāall had wasted two years of my time.ā
The restorative justice court does not hold defendants in jail and may remove their electronic monitoring. If Pierce repairs the harm he did to his neighborhood, he can have his case closed and a clean record in six months to a year.
Despite the small talk, Jefferson Holt, 25, is still feeling nervous. Tall and thin, he rocks back and forth. He came to the court because he is ātired of running from the policeā and hopes to get his record expunged. With a record, finding a job hasnāt been easy. He estimates he has applied to around 70 in five months and just landed one.
ā[This court] is basically giving you a get out of jail free card, so Iām going to take this and use it,ā he says, adding that his little cousins deserve someone better to look up to. He just isnāt so sure yet that the court offers a way out.
Holt speculates with the others about what, exactly, ārestorative justiceā is. āThere must be a lot of stuff you have to do before they even start to expunge your record,ā he says, shaking his head.
The court is one of the only alternative courts nationwide to depend entirely on restorative justice. The defendants will meet in confidential āpeace circlesā with their victims (or, in the case of a nonviolent drug offense, a surrogate victim such as a neighbor), a facilitator and neighborhood residents, and map out a ācommunity agreementā to repair the harm done. If they complete the agreement, they are eligible to have their records wiped clean.
The court also connects defendants with social services, which may help with access to rehab, GED classes or job placement as part ofĀ the agreement. If defendants fail to abide by the new courtās rules, they risk being sent back to the courthouse at 26th Street and California.
At 10:30 a.m., court is officially in session.
āYou may have noticed this court seems different than other courts,ā says Judge Daryl Jones with a smile. Heās sitting at a group of conference tables wedged together into a makeshift square.
Jones lays out some opening points: The restorative justice court is voluntary and requires a serious commitment. āPeople think with drug cases that it isnāt a violent crime and that it doesnāt hurt the community, but it does,ā Jones says. āOne bad apple spoils everything. Whatās the impact on the family of the person you are selling to? The person you sold to and got them addicted? Do you take responsibility for that? This is what you are going to talk about in circle.ā
One by one, the County Clerk calls defendants to the table to sign a waiver committing to the process and giving up the right to a preliminary hearing and speedy trial. The defendants have the right to consult with their public defender or attorney before making the decision. Everyone opts to sign.
āIām congratulating you on participating and Iām hoping that this gives you an opportunity to reflect,ā says Jones to each defendant with a genuine smile.
Each then schedules an appointment with a restorative justice practitioner and social services agent, and a follow-up court date. Court is dismissed just before noon.
Pierce pulls his hoodie over his shoulder-length dreadlocks and starts walking to his home on Chicagoās West Side. āItās better than the regular courtāitās way better,ā he tells me. Organizers have promised him a job. āBut itās just about, what they are saying in hereāis it true?
āYou donāt want to keep going through the same thing, so you have to try something new,ā he says as he makes his way through the gate, clutching a paper with his next court date.
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