Our courts impact our young people and our community at large in many ways which are not always obvious, but which always matter. A judge who is mindful of these impacts can have a hugely positive impact on the lives of young people and can contribute to making our communities safer and healthier. A judge who is unaware can cause significant harm, or miss opportunities to set young people who encounter the justice system on a positive path.
Juvenile Justice:
This is probably what many most commonly think of when they think of young people and the law: A young person commits a criminal offense and enters the criminal justice system.
If the offender is over 14 and commits a very serious offense (such as murder), California law provides they can be treated as an adult, so as to better protect the public from violence. It is the role of judges to implement laws within the Constitution that are passed by the Legislature to protect the public.
However, the vast majority of juvenile offenders are handled by a justice system separate from that for adult offenders. The experience these young people have can make the difference between getting the guidance and opportunity they need to turn their lives around and become productive citizens, or living lives of alienation, despair, and all too often, crime.
Detention is not always the best answer for minor juvenile offenses. It is important that judges be aware of alternatives. There are many good programs offered through government services, community non-profit organizations, and faith-based groups that can give young people the non-punitive discipline they may need while offering educational, health, counseling and other services to give them a chance to get their lives on a positive track. One example is the "Strength-Based Family Approach" of South Bay Community Services, partnering with law enforcement, schools, health providers and other social agencies. https://southbaycommunityservices.org/youth-prevention-intervention/
Having been personally very close to adult citizens who were in the system as young people, I know the experience a young person has in the system can change their life for better or worse. When I was Mayor of Chula Vista, we brought together our Police with our Parks and Recreation Department, non-profit groups and youth leaders to create programs to give disadvantaged youth more options both recreationally and educationally, to develop job and business skills, and to have positive relationships with police officers. Crime dropped.
By being aware of options and community resources, judges can ensure the system more often plays a positive role in helping troubled young people, and making the entire community safer.
It's Not All About Juvenile Offenders
Young people's lives can be profoundly affected by our court system without any alleged wrongdoing on their part. Children with special education needs, children without parents, and children caught up in civil disputes can all come before a judge. Custody and support disputes can produce life-changing consequences for children. Judges must always be mindful of the impact these proceedings can have on children who are the most vulnerable citizens affected by our courts. As an attorney who has prosecuted crimes against children and handled hundreds of child support cases, and as a public official who has helped develop programs for youth and worked with youth advocates, I am uniquely qualified to assure that justice is delivered for our young people.
Education
As an attorney I have made presentations in elementary schools, middle schools and high schools to teach about our justice system and our Constitution. I have personally seen the special impact judges have on young people when they participate in these programs, and I am committed to doing so as a judge.
The way judges decide cases can also have a significant impact on educational opportunity, and safety in our schools. As a current education official in our community colleges, I have an awareness of the interrelationship between the judiciary and our educational institutions that I will bring with me to the bench.
Crime Victims and Public Safety
All citizens, including young people, are affected by crime. However, young people are among those most vulnerable to crime, and whose rights must be most vigorously protected when they are victims of crime.
Many people may not know that the California Constitution guarantees certain rights to crime victims in court. When I was a prosecutor, I handled a number of matters involving crime victims' rights. In fact, my first two cases as a prosecutor involved the rights of crime victims. In one of them, a seven year old boy had been sexually assaulted. The boy had no parents, and his guardian took the side of the perpetrator. The only adult who this vulnerable boy knew was on his side was his elementary school teacher. Court can be a strange and intimidating experience for many people, but especially for children. Over defense objections, we were able to secure his right to have his teacher present with him in court for emotional support. In the other case, a young girl on a bicycle was hit by a drunk driver who left the scene and was later arrested. The girl suffered serious injury. We vindicated the girl's constitutional right to restitution by upholding a condition requiring the drunk driver to make payments to her. Both these cases demonstrate the importance of having judges who uphold crime victims' rights, and who are especially sensitive to the needs of child victims. My experience qualifies me to handle this responsibility with fairness and compassion for young victims.
Children who must testify in court after being victimized by criminals are among the most vulnerable people who become involved in our justice system. They have already been traumatized by the crime, and court can inflict further trauma if it is not handled with care. I have no tolerance for the bullying of victims, especially children.
Finally, we must be mindful that the best way to protect our children is to prevent victimization in the first place. In exercising any discretion the laws and the Constitution give me, I will always be mindful of the safety of our communities and our young people.
