Courts and the Homeless: How Should Courts Respond to This Crisis?

Court Leader's Advantage

February 21st, 2023, Court Leader’s Advantage Podcast Episode

We see this growing crisis everywhere. We pass the cardboard sign at the intersection asking for donations and wishing us: “God Bless.” We see the blue tarp and shopping cart half hidden in that small grove of trees next to the freeway. We see him sleeping on the sidewalk over the grate.

Although we know the crisis is growing, we don’t even have a good idea of how big it is. The statistics are so vague they are better described as guesstimates. By one guestimate, there are over half a million homeless nationwide. Los Angeles for example is believed to have over 40,000 homeless.

Experts think that about a third of the homeless suffer from mental illness; a third have drug or alcohol issues. There is a crossover so a sizeable percentage suffers from both. In addition, other root causes of homelessness include being priced out of housing, being a victim of domestic violence, being unemployed, having a disability, having had a financial disaster such as a catastrophic illness, or just being poor and old.

This month we look at how courts respond to homelessness and how they should be addressing this growing crisis. Next to the police, the courts are one of the first points of contact with the homeless. A court may operate a homeless court. If not, the homeless are on landlord-tenant, criminal, mental health, and even family court dockets.

Our polarized society struggles with dramatically different perspectives on how to respond to homelessness. One perspective is that courts are in the best position to refer the homeless to get help including housing assistance, employment counseling, food and clothing banks, public health clinics, mental health, and drug counseling, as well as access to justice.

A countervailing perspective is that courts are not social service agencies. If a homeless person is before the court, he or she is there because of a legal action: a crime, an eviction, or a probate mental health issue. Courts should "stay in their lane" and just deal with the litigant’s legal matters.

Today’s Panelists

· The Honorable Mary Logan, Judge with the Municipal Court in Spokane, Washington

· The Honorable Alicia Skupin, Chief Magistrate with the Municipal Court in Chandler, Arizona, and

· Barbara Marcille, Trial Court Administrator for the Multnomah County Circuit Court in Portland, Oregon

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