Reforms possible

Leadership needed

Folks, it’s important for you to know that Benton County’s judiciary and court systems are stuck in that black hole, void of imagination — the status quo. If there ever was an institution that governs itself by the mantra “This is the way we’ve always done it,” it is our criminal justice system in Arkansas.

Please consider that while I attended law school at night, I worked during the day for felony judges at the Tulsa County Courthouse. While certainly there are differences in the way both court systems operated then and now, I submit that the degree of sameness now and then is the root of current county jail overcrowding in Benton and Washington counties. Almost nothing has changed in the administration of justice — and pessimism persists.

Consider a recent lead editorial by the Northwest Arkansas Democrat-Gazette, “Confined: Benton County’s jail reform abilities limited” on Feb. 3. The degree of pessimism for real reform is captured succinctly in the paper’s “What’s the point?” box, which asserts: “As Benton County embarks with a new subcommittee to address a crowded jail, expecting county leaders to be able to implement large-scale judicial reforms is misplaced.”

Even though the county leaders cited by the newspaper are the non-judicial officers, I strongly disagree. I hope to persuade you to at least insist on relevant action by county leaders. This newspaper, too, suggests action by our elected district and circuit judges and prosecutor. See “Raising the bar(s): Criminal justice solutions need leadership,” Jan. 18, in which this paper pointed out that “the courts (including the people elected as judges and prosecutors) have fallen short of developing alternative approaches that can reduce or eliminate a need for jail time for some accused or convicted of crimes.”

For multiple suggestions of straight- forward changes in the status quo (reform), the Arkansas Justice Reform Coalition (www.arjusticereform.org) has provided a flow of relevant information, including facilitating a presentation to the Quorum Court by a national organization that studies criminal justice reform — the Vera Institute of Justice (www.vera.org). Take a look as well at the in-depth study made of Washington County’s court system (which in substantial respects is similar to Benton County’s) and presents many improvements to the system that don’t involve concrete and steel. (“Criminal Justice System Assessment,” by the National Center for State Courts, www.washingtoncountyar.gov/home/showdocument?

Advocates for an improved system of justice are concerned that whatever resolve county and judicial leaders may assert for change, that resolve will evaporate if the citizens approve new jail beds. This newspaper has in genuine candor acknowledged that this “concern isn’t irrational.” See “Reading the tea leaves,” Dec. 10.

The reality is that solutions other than concrete and steel will require substantial collaboration (leadership) among the relevant “stakeholders,” which include judges, prosecutors, public defenders and private attorneys, county government leadership and importantly, activist-community members of the public. A best practice long recognized by even the National Institute of Corrections is the formation of what is called a Criminal Justice Coordinating Committee (CJCC) which brings together these participants in a solution-solving mode. (See www.nicic.gov/projects/criminaljusticecoordinatingcommittees). Along the same lines, even the Northwest Arkansas Democrat-Gazette has recognized that the status quo “won’t work” and that we “more than ever need leadership that can marshal cooperation among the many moving parts involved in criminal justice.” (“The search for justice,” Nov. 13, 2022.)

You should know that the Benton County sheriff early on formed a hybrid of such a committee, though notably without the activist community members. But what happened next is the distressing news. Initially the CJCC met and even hired a criminal justice expert to help them devise multiple alternatives to new jail bed construction. But within just a few weeks, the group terminated their relationship with the expert (despite him having provided multiple reform ideas to consider) and got on the “new jail beds” band-wagon in full force. The committee remains inactive and pleas to reactivate it go unheeded.

Recently, Benton County Judge Barry Moehring has formed a new panel of justices of the peace of the Quorum Court called the Detention and Court Facilities Subcommittee with the goal of devising a plan of action that meets the needs of the county. We have been informed the first meeting will take place at 6 p.m. Thursday, March 2, at the Benton County jail. You should come if at all possible. This is your opportunity to become an informed citizen on a subject that has consequences for each of us individually and our community as a whole.