The Problem:
People experiencing homelessness often receive citations for public nuisance offenses and then fail to appear in court. Homeless defendants fail to appear in traditional courts, not because of a disregard for the court system, but due to their status and condition. For many homeless people, their day is consumed with a search for food, clothing and shelter. Most homeless persons are not in a position to fight the procedural or substantive issues a case presents. People experiencing homelessness The homeless are aware that the court also requires a decent appearance. Not wanting to make a bad first impression, a homeless person with poor hygiene or without a place to store belongings may choose not to appear in court at all. Many homeless people are reluctant to attend court given the uncertainty of court proceedings and the threat of custody. Unresolved legal issues can ultimately preclude homeless people from accessing desperately needed services such as employment, housing, public assistance and treatment programs.

Benefits of the Homeless Court Program:
Homeless Courts expand access to justice and reduce the number of hearings necessary to successfully complete court orders by integrating the shelter system into the “currency” participants present for sentencing. Advanced preparation and fewer hearings translate into efficiency during courtroom hours and reduced court costs.

Shelters and service agencies save precious resources when clients move toward self-sufficient lives with cleared criminal cases. Before the Homeless Court Program, a client might successfully complete the agency program only to be incarcerated on an outstanding criminal case and, afterward, return to homelessness. When cases are resolved through the Homeless Court the homeless service providers do not have to redouble their efforts. The shelters address the underlying problems homelessness represents.

For participants, the Court hearing is an opportunity to separate the past, as represented by the cases before the Court, from the present (and future) by presenting the accomplishments described in the advocacy letters, along with plans for future improvement.

For the community,the Homeless Court help s the community by engaging homeless people in gainful activity, thereby removing them from doorways, parks and gathering places where they are unwanted and susceptible to arrest. It helps homeless people move back into productive lives by addressing the legal issues that often create barriers to accessing employment, housing, public assistance and treatment programs.

The ABA Commission on Homelessness and Poverty and Homeless Courts:
The ABA Commission on Homelessness & Poverty has been instrumental in establishing homeless courts across the country. The Commission has developed a number of educational resources and routinely provides technical assistance. The ABA has also approved policies related to homeless courts, including basic principles for homeless court programs. On October 8, 2004, the ABA Commission on Homelessness and Poverty hosted a national conference on homeless courts at the Joan Kroc Institute for Peace & Justice in San Diego. Panelists representing homeless court programs from numerous jurisdictions shared their expertise and experience on developing and operating court sessions for homeless defendants at local shelters. A similar program was convened in Alameda, California in October 2006.

Homeless Courts are presently operating in the following jurisdictions:

Many other jurisdictions are examining the possibility of creating similar programs, and the ABA Commission on Homelessness and Poverty is pleased to offer technical support. For more information, please contact Amy Horton-Newell at the ABA Washington Office at 202/662-1693 or via e-mail at homeless@abanet.org.