OPINION: Outreach Court: A small piece of the puzzle

Bernalillo County Metropolitan Court’s Outreach Court, previously known as Homeless Court, provides people who are unhoused or precariously housed an opportunity to resolve pending misdemeanor cases, outstanding warrants and unpaid fines, which can pose barriers to housing and employment opportunities and hinder progress toward self-sufficiency. Outreach Court has been gaining the attention of our city and county leaders, law enforcement agencies and members of the public as our community struggles to find solutions for the complex problem of homelessness. As the judge presiding over Outreach Court, I am grateful for the community interest in the program and hope to provide helpful information about how the program works and can be best utilized.

Outreach Court is unique from the Metropolitan Court’s other specialty courts because it is designed to reward and support participants who have already taken the first steps to reclaim their lives and resolve outstanding cases; defendant buy-in is a prerequisite. This self-motivation is critical because participation in Outreach Court is voluntary. Success is dependent on participants’ own momentum toward further progress and stability, rather than completion or compliance with certain requirements imposed by the court.

The program accepts a variety of misdemeanor cases already pending in Metropolitan Court — generally, the types of cases precipitated by homelessness, like unlawful camping, trespassing, parking tickets and administrative vehicle offenses that often follow when a person has been living on the streets or in a vehicle. While Outreach Court seeks to assist as many motivated individuals as possible, each case and defendant are subject to individual review, including consultation with possible victims or affected parties, prior to acceptance. Certain misdemeanor cases or defendants are automatically disqualified from participation in Outreach Court, including DWI cases and defendants who have a violent felony conviction within the last seven years or an outstanding warrant in another jurisdiction.

Referrals to Outreach Court must be initiated by a community provider already assisting the defendant with housing, employment, education, behavioral or substance use treatment, or another social support program. Once accepted into Outreach Court, participants work with their case manager from the community provider to design a plan to move toward self-sufficiency.

The Outreach Court review team, which includes the prosecutor and defense attorney, meets monthly to review each case manager’s report on their assigned participant’s background, efforts in the program over the course of 30 to 90 days, improvements in their life, and goals for further participation and progress. Based on the case manager’s report, and upon agreement of the Outreach Court review team, the court acknowledges the participant’s efforts and progress by either dismissing the case or accepting the participant’s work in satisfaction of any remaining financial obligations and closing the case.

Although the court was unable to hold graduation ceremonies during the pandemic, we were happy to announce the resumption of in-person graduation ceremonies in 2024. The ceremonies typically involve 10 to 20 participants and their guests, graciously hosted by a volunteer community provider. The court personally recognizes each participant’s accomplishments in reclaiming their lives and their value as members of the community. Participants are presented with their signed dismissal paperwork, certificate of completion of Outreach Court and a small gift.

The graduation ceremonies are heartwarming but can be nerve-wracking to prepare for — knowing and remembering each participant’s story is a way of conveying the court’s appreciation of their efforts. Participants often arrive dressed in their best and accompanied by proud friends, family and children, and case managers. They mingle over food and refreshments in an unassuming, tiled community room equipped with folding cafeteria tables. Meeting the participants in person, witnessing their pride in themselves, and having the opportunity to publicly recognize their accomplishments and progress is tremendously gratifying. Their gratitude is incredibly humbling, and, if I am lucky, a participant might even ask me to be in a photograph with them. The issues of homelessness and intersecting crime pose a complicated and confounding puzzle. Outreach Court on its own cannot solve the problem, but it is a small piece of the puzzle the court can deliver.