In October 2008, James Mitchell, a Southeast resident, was stopped by the DC Metropolitan Police Department for possession of a controlled substance. He found four small bags of marijuana inside a bigger bag at a parking lot he believed was left for someone to pick up.

“It was just a minor charge, but as I took the bag into my house, the police just surrounded me,” said Mitchell, 60. “I get caught after being on the street all these years.”

For the drug possession, Mitchell, a retired postal worker and former cab driver, appeared before Associate Judge Craig Iscoe of the Superior Court of the District of Columbia. Mitchell said he was advised by his attorney to enter a diversion program called a Deferred Prosecution Agreement, complete it, and the charges would be dropped.

He received 16 hours of community service to clear up trash on Minnesota Avenue SE, and he was required to do drug testing. He was pleased with the outcome.

“I think he was a fair judge,” said Mitchell about Iscoe. “The community service was OK. It was better than prison.” Mitchell, now living Maryland with his adult daughter, is a repeat offender. The last time he was caught for drug possession was 1986, and he also received community service then as well.

Mitchell’s experience with Iscoe was not unique. Sixty-eight-year-old Jimmy Vaughn of upper Northwest gushed about his two-day community service also on Minnesota Avenue in Southeast in 2008.

“It was real nice, on the weekend,” said Vaughn. “I enjoyed it and wanted it to continue, cleaning the streets. It was really enjoyable.” Vaughn said he was “dumb enough to have stuff in the car, and police stopped me. I haven’t done it since.” Vaughn was stopped in Southeast.

Mitchell and Vaughn are ex-offenders who went through the East of the River Community Court, one of two DC Superior Courts that focus on low-level and quality-of-life offenses such as criminal driving violations, public drinking, panhandling, prostitution and minor drug offenses, all of which can have a significant negative impact on the community. The two courts are the DC Misdemeanor and Traffic Community Court, and the East of the River Community Court (ERCC).

ERCC Alternatives
The ERCC, established 2002, is part of a worldwide community court movement that involves a variety of stakeholders and partners, which seek to solve problems in communities, according to ERCC’s policies and procedures manual. Iscoe, the presiding judge since January 2008, hears all phases of cases, from arraignment to final disposition. Cases involve those charged with non-domestic violence US misdemeanor offenses originating in police districts 6D and 7D in Wards 7 and 8. The most prevalent misdemeanor cases coming through the court, according to Iscoe, are drug charges, prostitution (dealing with both the johns and the prostitutes), simple assault, unlawful entry (burglary), illegal dumping, theft and destruction of property under $200.

“I see this court as very important,” said Iscoe, 55. “When people are arrested for relatively minor but serious offenses, instead of incarceration, the court has alternative ways to deal with the offense. To be eligible for most diversion programs, a defendant has to test negative for drugs to enter into agreements. We give them incentives to get clean, and then they have to finish a diversion program. Some can get clean on their own, but for those who cannot, they have the option to go to drug court.”

The community court offers several diversion programs to suit the crimes. It may be the first-time offender program for first-time non-violent defendants. They perform community service and attend education programs. Or if charged with soliciting prostitutes, they may be referred to john school, a US Attorney’s Office (USAO)-sponsored one-day educational program made available to “johns.” Others may be placed into Angels Project POWER, a diversion program for prostitutes, operated by a former prostitute and drug addict. Other options include Deferred Prosecution Agreements, Deferred Sentencing Agreements, Drug Court and Mediation, among others.

The decision on whether to divert a criminal case is within the discretion of the USAO, the prosecuting attorney Patricia McBride, who considers prior criminal records when determining whether to offer a diversion program. And these prior records are considered by the judge when sentencing individuals. Neither violent crimes nor sex offenses are eligible.

Other factors coming into play when considering community service are a defendant’s substance abuse problems, mental health and physical abilities.

The court also partners with other District government agencies such as the Department of Mental Health, the Department of Health’s Addiction Prevention and Recovery Administration and the Department of Employment Services to provide mental health and substance abuse treatment services, and workforce development services, with the help of satellite offices in the court building.

Iscoe’s Courtroom
On any given day, Iscoe could hear about 48 cases.

On a cold day in March in Room 317 at the DC Superior Court on Indiana Avenue NW, he is listening to an unusual case where the defendant is accused of impersonating a police officer. The case runs relatively smoothly where the defendant pleads guilty, is required to do drug testing and community service east of the river. In another case, the judge refers the defendant to a mental health professional to evaluate mental fitness. And in others, many of them prostitution cases, eligible defendants are referred to john school or the Angels program, and ordered to take mandatory drug testing. As Iscoe said, “about 95 percent of the prostitutes arrested have some drug problem.”

The court is packed with people waiting to stand before the judge and McBride. As each is called, the judge addresses him or her in a relaxed, conversational tone. He sounds respectful and waits for an answer to his questions.

“You don’t want defendants to feel intimidated and for them to feel uncomfortable speaking in court,” Iscoe explained. Adorning the court’s walls are several photographs representative of the East of the River community such as the Big Chair, Frederick Douglass’ home, the Smithsonian’s Anacostia Community Museum and Kelly Miller Middle School. Iscoe said, when he became presiding judge, he requested that the photos be placed in the court, which he wanted to reflect the community it represented.

According to Community Court Coordinator Michael Francis, ERCC was created in response to challenges faced by East of the River residents, including higher rates of poverty, crime and disorder than other parts of the city; and second, the Superior Court was seeking to expedite misdemeanor case processing and reduce police overtime.

Differing Opinions on ERCC
One person who has worked in the criminal justice system in the District of Columbia and requested anonymity wrote in an e-mail that the ERCC has elements of the restorative and balanced justice concept that is implemented in the judicial system in Vermont, which is an ideal one.

ERCC does well by “providing opportunities for persons who may have made a mistake and have an opportunity to see they have a skill, talent, knowledge that can benefit the larger community. In addition, the open mindedness of Judge Iscoe to refer persons to social services is also a good concept,” the person wrote. “The drawback to this initiative is the follow up and the effectiveness of the community service. Many of the offenders seem to view this as a task to complete and then their record is clear. There is no personal motivation or internal obligation on behalf of the offender to complete/participate in rebuilding the community. The service hours oftentimes do not correlate to their offense, so a disconnect also exists. … A connection and follow up on social service referrals is integral to the success of the initiative.”

But not everyone agrees with this. According to Betty Diggs, a Northeast resident, the arrangement between the court and the community is “excellent.” Diggs supervised some offenders as they did community service last year.

“I was impressed,” she said. “I saw young adults in their 20s who were very responsible. They cleaned the streets and other activities. I think they should do more than just clean the streets.” Diggs now serves on the ERCC’s recently created Community Advisory Board, designed to involve community stakeholders in problem-solving justice. The board, which meets quarterly, serves as a vehicle for the community to engage, assist and collaborate with ERCC to improve its effectiveness.

“With community court, they’re looking at the underlying reason for the problems behind the crime,” said Diggs. “Since the court works with different agencies to assist the person, it’s a much better approach to deal with the problem.”

Residents like Diggs are the ones Iscoe believes the ERCC affects most.

“The goal of the court isn’t simply to send everybody to jail,” he said, “but to help the defendant who in turn helps the community. They’re working to improve the East of the River neighborhood where they did their crime.”

He added that the ERCC is seeking more community service sites, especially during the weekends. Sites may include a church with an outdoor sale or a flea market where additional help may be needed.

He emphasized that community service is central to the court. It is used when people are in certain diversion programs and when on probation. If defendants miss the community service, then they do not complete their diversion program.

“I would like to serve the community more, to get the court better known to the community so that offenders will know the options they have.”