Homeless courts: The current status and possible beginnings in North Carolina

By Ethan Harris ‘27

An overview of homeless courts

Homeless courts are an exceptional yet unacknowledged aspect of our criminal justice system. The first homeless court was created in San Diego, California in 1989. This was a response to a drastic rise in homelessness in California during the 1980s. Homelessness, often correlated with mental illness and substance abuse, leads to a unique problem when it comes to dealing with legal troubles. People without homes, transportation, or methods of contact make it almost impossible to resolve outstanding misdemeanor warrants. Additionally, increasing tension with those who are homeless may further push them out of society. The solution is homeless courts. These courts specialize in helping homeless individuals with outstanding misdemeanor warrants.

In 2006, the American Bar Association (ABA) created a few guiding principles for how homeless courts should operate, two of which are incredibly vital to the specialty of homeless courts. Firstly, the ABA states, “Prosecutors, defense counsel, and the court should agree on which offenses may be resolved in the Homeless Court Program… recognizing that defendant participation in Homeless Court Programs shall be voluntary.” The idea of voluntarily participating is crucial. This allows the offender to prove to the community and themselves that they are willing to put in the work to better their lives. Secondly, the ABA states, “Defendants who have completed appropriate treatment or services prior to appearing before the Homeless Court shall have minor charges dismissed, and, where appropriate, may have more serious misdemeanor charges before the court reduced or dismissed.” If homeless individuals can prove that they want to be involved in treatment and rehabilitation, then they will be allowed to have charges dismissed. The government creates that opportunity by having all sides of the problem work together to create an environment for meaningful and thoughtful treatment. 

The start of homeless courts in North Carolina

In the years since its inception in California, the practice of homeless courts has spread to seventeen states around the United States. Just south of Charlotte, North Carolina, South Carolina has a program in Rock Hill that allows homeless individuals to visit the Pathways Community Center once a month to prove they are actively seeking treatment. The Pathways Community Center is partnered with the local municipal court as well as over ten treatment providers. Their monthly meetings consist of formal court proceedings with a judge, a solicitor, an attorney for the homeless court participant, a bailiff, and local treatment providers. The difference between this program and “regular” court processes is these formal court proceedings are held at a Rock Hill Homeless Shelter. Taking the proceedings from the courthouse to the homeless shelter is another vital aspect of homeless courts. It allows easier participation for those who may not be able to afford transportation, and it encourages active participation in the process. If the participant has proven their participation in treatment, the local municipal court will help wipe non-violent crimes from someone’s record. In an interview with WCNC-Charlotte, Jane Pittman Modla, a Rock Hill municipal judge, said, “A lot of those petty crimes keep you from getting housing and jobs.” These courts, which focus on treatment and second chances rather than immediate punishment, allow participants to prove their dedication to treatment and get a fresh start in the world.

The Mecklenburg County District Attorney Spencer Merriweather recently visited the Pathways Community Center in Rock Hill in August of 2024. Homelessness is rising in Mecklenburg County, North Carolina. This past June, we saw a 14% increase in homelessness compared to last year. Mecklenburg County does have specialized drug courts, but not a homeless court. Mr. Merriweather's visit to the Rock Hill program is a good sign for the possible future of homeless courts in Charlotte. Mr. Merriweather explained that the court system in North Carolina is different from our neighbors in South Carolina, but he is hoping to adapt parts of their program to our system here in Charlotte. 

Ethan Harris is a sophomore majoring in Political Science and Criminal Justice.

Sources

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Homeless Courts: Taking the court to the street. American Bar Association. (n.d.-b). _______https://www.americanbar.org/content/dam/aba/administrative/homelessness_poverty/one-pagers/homeless-_______court-one-pager.pdf 

Pope-Sussman, R. (2024, December). Responding to Homelessness 11 Ideas for the Justice System. Innovating Justice _______https://www.innovatingjustice.org/sites/default/files/documents/FINALResponsestoHomelessnessforWeb.pdf 

Rock Hill Homeless Court | Rock Hill, SC. City of Rock Hill. (n.d.).            _______https://www.cityofrockhill.com/departments/homeless-court 

San Diego’s Homeless Court Continues to be a Model for the Nation. (2023). DA News Center - San Diego. Retrieved 2024, _______from https://danewscenter.com/news/san-diegos-homeless-court-continues-to-be-a-model-for-the-nation/.

Thompson, B. (2024, August 4). Seeking solutions: Mecklenburg County DA reviewing SC Homeless Court program as _______number of unhoused people rises. WCNC - Charlotte. https://www.wcnc.com/article/news/local/mecklenburg-_______county-north-carolina-seeking-solutions-homelessness/275-6cfff3fe-05d4-45a0-942b-1228f2e7f188