The Intersection of Law and Those Doing Without -- or --- Gimme Shelter

May 21, 2014 

     It was the worst of fora. It was the best of fora.

      It was the worst because only one of the six invited candidates showed up. Even most of those who plead "schedule conflict" didn't return answers to the questions submitted to them. They SAID they would. And maybe they will. But they haven't so far--except for one.  And the forum was Sunday--three days ago.

      It was the best of fora because it was the start of a conversation dedicated to focusing on the intersection of the courts and the homeless. (Do YOU think homelessness should be criminalized?  Or SHOULDN'T be criminalized?)  And it was the best of for a because one judicial candidate DID come and shared herself with our group.  

      We're Stop the Ban--an agglomeration of long-time peaceniks; sanctuary supporters; morally outraged over the Vietnam War who protested early and often; civil rights campaigners; homeless advocates; and actual homeless (and near homeless) people-- who-- aghast at the idea of banning people from the shelter of their vehicles-- joined to campaign against the City of Palo Alto's draconian and dreaded Vehicle Habitation Ordinance.  We don't understand why anyone would even think criminalizing sleeping in a vehicle could help anyone or help solve any problem in any way.

     We figure if you're already hurting with homelessness-- adding vehiclelessness to your miseries is going in the wrong direction.  We lost the City Council vote 7-2 on August 5 2014 but are still trying to get the City to come to its (the people's) moral senses and undo the dirty deed they did.
We've had City Council candidates visit our small group before.  And now we (by which I mostly mean our Legal Committee which is mostly Aram James-- a retired public defender and full time free speech/Bill of Rights/Civil Rights/Homeless Rights advocate)-- invited all Santa Clara County judicial candidates.

     And Annrae Angel drove over the hill from Santa Cruz to tell us she couldn't/wouldn't tell us how she would or might decide on anything at all. The legal canons wouldn't allow it.  

     But she did share herself. She was open-- laughed easily and told us about her past and her values. She's always worked to defend the rights of the accused.  She's court appointed lots of times and other times hired by the client directly.  She came across as smart; informed; sure of her boundaries; ready to share herself with clients and constituents; and quite informative. She explained the judge's job and what the judge's job wasn't.  
     The judge listens to what is presented to her/him.  If a defense attorney or prosecuting attorney doesn't present something-- the judge can't consider it.

     The judge doesn't have all the power.  The judge's job is to make sure the process is followed so each side has a fair chance to prove their case.
Candidate Julianne Sylva was in Tennessee at a human trafficking conference the day of the forum and did write extensive answers to questions Aram James sent her. So we had one candidate in person-- Annrae Angel-- and now District Attorney and judicial candidate Julianne Sylva by way of her written answers.
  
     I can't help but wonder-- will other judicial candidates avail themselves of the opportunity to get their views on the record or prefer to stay unknown to the public?
  
      Would you rather have the views of the candidates published or kept private?

     And what about criminalizing poverty?  Is that the best way to deal with the casualties of the greatest transfer of wealth from poor to rich ever in recorded history?

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Chuck Jagoda  is a member of StopTheBan; the Downtown Streets Team; and works at the Heart and Home Women's Collaborative Shelter. He has stayed at the Armory Shelter in Sunnyvale and the Hotel de Zink during the five years he's been homeless in Palo Alto. He writes about housing issues and speaks to City Councils and housing committees.

(To see candidate Sylva's complete statement and the video of the Annrae Angel's presentation to the Judicial Forum go to www.svdebug.com)