By: Oakland Lawyer aka Hon. Élan Consuella Lambert
The following article appeared in The Official Journal of the California Judges Association, Winter 2019 edition.
In lieu of fines, the creation of community services alternatives for youth in the SF Juvenile Traffic Court.
I had the honor of being appointed as an Administrative Law Judge by Governor Arnold Schwarzenegger in September 2010, in Los Angeles County. While being an ALJ was a lifelong dream, living in Southern California, was not.
I became a Judge Pro Tem (JPT) for the San Francisco Superior Court in 2012. In 2014, there was an opportunity for the JPTs to preside in Juvenile Traffic Court. My background as a city prosecutor doing traffic offenses made the idea appealing. It was like riding a bicycle, and I was racing off.
In SF, before a new assignment, you shadow the person who is there. On my first shadow day, there was a minor charged with fare evasion. The commissioner assigned community service for the first offense. At the break, she asked if I agreed with the sentence. Judicial discretion being what it is, I deflected. She insisted she was interested in my opinion. I told her that in Adult Traffic Court a person convicted of fare evasion, the first time, receives a suspended sentence. It seems disproportionate to treat the children worse than we do the adults. She was surprised that’s what was happening and agreed that her sentence seemed harsh in comparison.
Not long after that, I started presiding in Juvenile Traffic Court with consistent regularity. As with any matters I preside over, the goal was fairness, compassion, and consistency; but also, I wanted to make a positive difference in the lives of the students.
One of the things that I have always enjoy about Traffic Court, other than the fast pace and unpredictability, is that it brings people together from all walks of life. In traffic court, you find every gender, race, religion, national origin, and socio-economic status.
In Juvenile Traffic, most cases are resolved after a plea of no contest; we rarely have trials. The focus then becomes rehabilitation and acknowledgment of the mistake and how to avoid it in the future.
After the defendant pleads no contest, I find them guilty. From there each case is different. I have a conversation with the student about the events that lead up to the citation and whether other parties were involved. The students often use the phrase “friend” when discussing their co-defendants. If so, this leads to a discussion on how to be selective in whom you call and consider your friend.
We then discuss their extra-curricular activities, including jobs and their ability to pay. Often, the students have limited employment and ability to pay. Likewise, some of the parents in attendance have limited ability to pay. To further complicate things, the probation-run community service program for juvenile traffic defendants in San Francisco was eliminated. Consequently, I tasked myself to come up with no or low-cost alternatives. Born out of necessity, I have invented a system for assigning “homework” in lieu of fines. Because the “homework” requires a second appearance, I also consider whether another appearance presents a hardship on working parents. Mostly, the parents like the idea of their student being accountable for the “cost” of the citation.
Over the last year, I have come up with several different “homework” assignments, in lieu of fines.
For an early high school student, with a low fine, single count citation that did not involve alcohol and no-point violations, I assign a book report project. The subject is usually based upon our sentencing conversation about their interests and favorite school subjects. Once they identify a topic that they are interested in, I assign a 300-page book, on that subject. They are to read the book, provide me a typed report with a minimum of 4 pages, and return for a 5-minute oral presentation on the book. Some students have also included a power point presentation as well. If the fine is higher but still does not involve alcohol or points, I assign a 500-page book or 2 books of 300 pages each. So far we (me, the clerks, and any attending deputies) have had presentations on psychology, dentistry, and career options that do not involve college degrees. In November, we are expecting to hear an exciting report on cartography, the science of making maps.
The psychology report included a discussion of the Pavlov experiment, the B.F. Skinner Experiment, Maslow’s hierarchy of needs, and the Good Samaritan Experiment. The student seemed particularly surprised that participants in the Good Samaritan Experiment would avoid helping someone if they were in a hurry. However, he acknowledged that after reading about the Good Samaritan Experiment he would be more likely to stop and help someone in need. The report on dentistry included the years necessary for a Doctor of Dental Surgery (DDS), but also the additional requirements to become an orthodontist. Despite learning that it takes additional schooling, the student indicated that he thinks helping people be confident through their smiles makes him want to be an orthodontist.
The presentation on non-college track career occupations included becoming a California Highway Patrol Officer, a SFMTA Parking Enforcer, a Painter for the City and County of San Francisco, and a Physical Education Teacher. The CHP Officer was a surprising choice given that the student’s underlying citation involved a high-speed pursuit. So, for good measure, I also assigned Clean Slate research. His presentation on how to expunge his record also equipped him with information to share about the process with other members of his community. Additionally, I assigned him to complete a Drug Education Program and the CHP Smart Start Course to improve his driving skills.
One student chose to read Brothers in Arms, by Paul Langan. The story is about how a Latino teenager, Martin Luna, deals with the sudden and tragic death of his little brother Huero. The book expanded about how choices, good and bad can have a profound effect on one’s life. The student acknowledged a need to make better choices and avoid the challenges faced by Martin Luna.
For students who are contemplating college, I assign a research project on 3 to 4 colleges. Usually, I assign one junior college, one state school, and one dream school. If they are already considering one school, it can be included at the 4th option. The report is required to be a minimum of 4 pages, typed, double space, with font no larger than 14 point and margins no greater than one inch. While pictures are allowed, they are in addition to the 4 pages, not instead of. The student then returns for a 5-min oral presentation. During the presentation, I generally ask one to three questions and share something about my college experience, or something about one of the schools. I also assign this project to children who don’t think they can go to college. In that case, the project also includes what it takes to get into the schools they have selected. During these presentations, I tell them about the UC Transfer Admission Guarantee program (TAG).
For a student who declared his intention to apply to a culinary art academy, I assigned a 4-course meal. Mindful of the cost, I only assigned the meal be prepared for his Aunt, his legal guardian. The assignment, in lieu of fines, was four courses that he had not made previously. His written report portion was to provide the recipes, including any he created and to take pictures of the entire meal. His oral presentation included what he learned about making an amuse bouche and that he invited his whole family to participate and they chipped in on additional the food costs. We also discussed staging, where a cook or chef works for free in another chef’s kitchen to learn new techniques and cuisines, like an internship. I suggested he use his assignment as a resume of sorts with other chefs. In other instances, students have prepared resumes for summer jobs and internships.
A student who is an incoming freshman at a prestigious east coast Ivy League institution indicated during sentencing that he was having difficulty deciding between competing majors. Accepted to the school of engineering, he was undecided between Chemical and Biological Engineering (CBE) and Operations Research and Financial Engineering (ORFE). Clearly not in need of academic encouragement, I inquired if he had ever met people who had those degrees. He had not. For his project, in lieu of fines, he was assigned to interview two engineers, one who had each of the degree subjects he was considering. He interviewed an engineer with a CBE degree who currently works for Pfizer doing sales and marketing, with an emphasis in what he described as “corporate development.” Currently, he reviews other pharmaceutical companies for brilliant ideas with the intention of acquiring them (the company and or the idea) for Pfizer. He also interviewed an industrial engineer from Stanford, who indicated that ORFE is the new name for industrial engineering, which allows for a customizable engineering program that focusses on efficiency and optimization to solve complex real-world problems. Through his research, he also learned that the classes would be tailored toward business and finance as well as drawing on the other five engineering departments.
Moreover, he learned that many graduates from the ORFE program work in investment banking, management consultancy, financial and economic trading. His interviewee worked at Hewlett Packard right out of school and currently works at Asurion, a technology insurance company. During his oral presentation, I shared that an engineer friend has explored polyphasic sleeping, to increase his productivity. He was excited to research more about that and experiment using differing sleep cycles during his freshman year.
Above represents a sampling of the assignments I have given over the last year. In total, the response has been extremely positive, and the students have demonstrated learning and growth during their presentations as well as a sense of rehabilitation. After the presentation concludes, I generally offer constructive criticism and positive feedback. In closing, I’m known for saying, “I hope not to see you again, and I mean that in the nicest way.” The return of students has been rare and on the odd occasion that it has happened, the return was for a citation that preceded the one already adjudicated.
I continue to seek out ideas for new assignments and hope to come up with a system that allows room for all the students to have continued opportunities for community service for traffic infractions.
On the Record. 