Mission Statement Arch City Defenders ACD is a

Mission Statement • Arch. City Defenders (ACD) is a 501(c)3 non-profit civil rights law firm providing holistic legal advocacy and combatting the criminalization of poverty and state violence against poor people and people of color. • ACD uses direct services, impact litigation, and policy and media advocacy as its primary tools to promote justice, protect civil and human rights, and bring about systemic change on behalf of the poor and communities of color directly impacted by the abuses of the legal system.

Who We Serve Whether they come to us personally, are referred to us by one of our community partners, or are identified by our team in the courts, our clients are the often-overlooked individuals in our criminal justice system. Not eligible for the services of other organizations and still unable to afford private counsel, our clients represent the people who commonly fall through the cracks: – – – – The mentally ill and disabled Homeless veterans Recent immigrants Sufferers of substance abuse Abused and battered women Families facing eviction The Chronically Homeless Low income citizens targeted by unjust law-enforcement practices

Holistic Defense • At Arch. City Defenders, we practice holistic defense, an approach developed by the Bronx Defenders. Holistic defense combines zealous advocacy with an understanding that for most poor people charged with a crime, the criminal case is not the only issue they struggle with. Attention needs to be given to the underlying causes of their legal matters and any collateral issues that arise from the charge. • Holistic defense is most frequently identified by (Four Pillars): – Seamless access to legal and non-legal services that meet client needs – Dynamic, interdisciplinary communication – Advocates with an interdisciplinary skill set – A robust understanding of, and connection to, the community served

The need is huge • Missouri Public Defender is statutorily prohibited from civil representation – Little to no funding for social workers • Legal Services of Missouri’s Charter prohibits them from representation in criminal cases – Heavily selects the clients it represents – No right to civil counsel if indigent • No co-ordination between the two existing orgs

Missouri Public Defender Crisis • Public defenders spend an average of 8. 7 hours preparing cases for the most serious Class A and B felonies, which can include first-degree robbery and some kinds of domestic assault with mandatory minimum penalties of 10 years in prison • But surveys of public defenders and private practice lawyers concluded that such cases should require about 47. 6 hours to prepare • State would have to hire an additional 289 lawyers to meet the standards set out in the study ABA Report on Missouri Public Defenders, August 2014

Missouri PD Eligibility • No Representation in Municipal Courts • Disqualified from Representation if: – Prior Attorney on case – Posted a bond of $500. 00 or more – Makes Minimum Wage – Works 25+ hours per week – Owns a Car

“Shall not be deemed initially eligible” 22 nd Circuit Presiding Judge’s Administrative Order, 10 -1 -2012

Eligibility Issues “When public defenders screen for eligibility, you can’t avoid the appearance that you’re controlling your budget on the backs of your clients. ” – Attorney in San Mateo County, California Brennan Center for Justice: Eligibility for Justice Report, 2008

Thank God for Mississippi

Riverfront Times – April 2014

ACD’s Three-Pronged Approach • Direct Representation – Criminal, Municipal, Civil (LL/Tenant, OP/Family Law, Elder Law), Administrative (Benefits, DMV, Immigration) – Social Services - connection and referrals, ongoing communication with Social Workers • Policy work – Identify issues based on direct representation experiences – Draft reports, advocacy in media, advise officials • Impact Litigation – Systemic change through civil rights class actions in State and Federal Court – Writs of Prohibition in State court

Recognition • • • 2016 Ethics in Action Award - Ethical Society of St. Louis 2016 St. Louis’ Super Heroes – St. Louis Post-Dispatch - Go STL! Best of 2016 What’s Right with the Region Awards - FOCUS St. Louis Racial and Social Justice Award 2015 BAMSL - YLS Pro Bono Award - Stephanie Lummus, Managing Attorney Missouri Bar Association 2014 New Leaders in Advocacy Award Honorees – National Association of Legal Aid and Defenders (NLADA) 2014 Best Lawyers Award – Riverfront Times’ Best of St. Louis 2013 Atticus Finch Award Honorees – Missouri Association of Criminal Defense Attorneys (MACDL) 2012 Spirit of Justice Award Honorees – Bar Association of Metropolitan St. Louis (BAMSL) 2011 Excellence in Pro Bono Award – Saint Louis University School of Law, Public Interest Law Group (PILG) 2010 BAMSL - Pro Bono Award – Michael-John Voss, Co-Founder

NEWS • Five years ago Harvey and two law-school buddies — Michael-John Voss and John Mc. Annar — founded Arch. City Defenders…But more than just offering legal aid to the indigent, Arch. City Defenders works to help its clients improve their overall lives, be it securing housing, getting drug treatment or finding a job. It's called "holistic advocacy, " and it's a growing publicdefense philosophy that's getting a shot in St. Louis. • "One of the pillars of holistic advocacy is to try to give people access to services all under one roof, " explains Harvey. "And if you can't make them available under one roof, make access to services as easy as possible. " Arch. City Defenders: Meet the legal superheroes fighting for St. Louis’ downtrodden by Ray Downs, Riverfront Times – April 2014

NEWS • • • How Expensive It Is To Be Poor, New York Times, OP-Ed, Charles M. Blow Missouri Supreme Court Wades Into Ferguson. Excellent. St. Louis Post-Dispatch, Editorial Board How Segregation Led to Speed Traps, Traffic Tickets and Distrust Outside St. Louis, Washington Post, Max Ehrenfreund Judge orders St. Louis area police to give protesters tear gas warning and time to flee , St. Louis Post Dispatch Ferguson’s challenge goes beyond race, USA Today, Sherrilyn Ifill Two versions of Municipal Court Reform, William Freivogel, KWMU • • “This is What Jim Crow Looks Like”: A Day in North St. Louis County Courts, River. Front Times, Lindsay Toler Lawyers Say High Bonds for Protestors Unusual and Unlawful, St. Louis American, Rebecca Rivas Mistrust Lingers as Ferguson Takes a New Tack on Fines, New York Times, Frances Robels Justice in St. Louis County, New York Times, Editorial Board • • Skyrocketing Court Fines Are Major Revenue Generator for Ferguson, Governing Magazine, Mike Maciag Economic harassment and the Ferguson crisis, LA Times, Michael Hiltzik Driving While Black in Ferguson, Newsweek, Victoria Bekiempis A Local Public Defender on the Deeply Dysfunctional Ferguson Court System, Vox, Sarah Kliff • • Injustice in Ferguson, Long Before Michael Brown, Business. Week, Peter Coy In Ferguson, Court Fines and Fees Fuel Anger NPR, Joe Shapiro (Audio Interview) The Poorest Corner In Town, fivethirtyeight. com, Ben Casselman Ferguson Averages 3 Warrants Per Household, New Report Shows, Huffington Post, Emily Thomas Ferguson Feeds Off the Poor: Three Warrants a Year Per Household, The Daily Beast, Mike Daly Ferguson’s Municipal Court System Makes Millions Off Targeting Black and Poor People, Firedog Lake, Kevin Gosztola St. Louis County, Ferguson, and “Slavery by another name” Daily Kos

NEWS • How municipalities in St. Louis County, Mo. , profit from poverty, Washington Post, Radley Balko – “She was crying as I explained the situation to her, ” Voss says. “So then I started to cry as I explained it her. One of the really frustrating things about what’s happening here is that this system is breaking good people. These are people just trying to get by, just trying to take care of their families. ” Voss’s eyes well up as he talks about Bolden. This isn’t just an attorney defending his client. It’s a guy who is concerned about what’s happening to another human being. – “These aren’t violent criminals, ” says Thomas Harvey, another of the three co-founders of Arch. City Defenders. “These are people who make the same mistakes you or I do …. The difference is that they don’t have the money to pay the fines. . . ”

Video • http: //www. archcitydefenders. org/who-weare/our-mission-story/

Current Partners • • • • Vital Projects Foundation Bertha Foundation Center for Constitutional Rights Rockefeller Family Foundation Goldman Family Foundation Dr. Bronner’s Family Foundation Greater St. Louis Foundation Lutheran Foundation of St. Louis Central Reform Congregation U-City Family Church First Congregational Church of St. Louis Christ Church Cathedral Network for Good Deaconess Foundation Eden Theological Seminary

Organizing Partners • Missourians Organizing for Reform and Empowerment (MORE • Metropolitan Congregations United (MCU) • Organization for Black Struggle (OBS) • Millennial Activists United (MAU)

Municipal Courts White Paper

Municipal Divisions 91 Municipalities in St. Louis County --- 84 Courts

Municipal Divisions • Violations of municipal ordinances are civil matters – “The law in Missouri considers violations of municipal ordinances to be civil matters…” City of Strafford v. Croxdale, 272 S. W. 3 d 401, 404 (Mo. App. 2008). • Municipal and misdemeanor courts are where most people interact with the justice system – National Association of Criminal Defense Lawyers (2009)

Municipal Divisions in Missouri • A judicial circuit in Missouri contains 8. 6 municipal court divisions on average. • St. Louis County’s circuit contains 84 municipal court divisions. • Presiding judge of St. Louis County’s circuit courts must oversee nearly ten times the number of courts and judges as an average presiding judge in Missouri.

Municipal Divisions in Missouri • In 2009: – $ 83, 898, 331. 00 collected in fines – $ 10, 962, 300. 00 collected in court costs – $ 7, 605, 549. 00 collected in fees (jail costs) – $ 3, 503, 161. 00 collected in Bond Forfeitures • 2009: >106 Million collected

Municipal Divisions in Missouri • In 2013: – $ 108, 154, 411 collected in fines – $ 12, 439, 732 collected in court costs – $ 10, 466, 873 collected in fees (jail costs) – $ 3, 774. 813 collected in Bond Forfeitures 2013 : >132 Million collected A 21% increase in 4 years

Municipal Divisions in Missouri • Missouri Muni Courts 2013: >132 Million net • St. Louis City and County collected $61, 152, 087

Municipal Divisions in Missouri • This means that the municipal courts in the St. Louis region accounted for 46% of all fines and fees collected statewide, despite being home to only 22% of Missourians.

Municipal Divisions in Missouri • The combined populations of the 90 municipalities in St. Louis County account for only 11% of Missouri’s population. • However those municipalities bring in 34% of all municipal fines and fees statewide ($45, 136, 416 in 2013).

So? • “This is an abuse of police authority. Police do not exist to generate revenue. However, I do not blame the police officers. I point the finger at the elected officials…” – Tim Fitch, former St. Louis County Chief of Police • St. Louis Magazine, October 17, 2014

Our Clients • Pregnant, single mother of two living at a local homeless shelter and about to give birth. Owed over $8, 000 in fines, fees, and other charges – Due to outstanding warrants for minor traffic violations in several municipalities • Her time at shelter was ending: she and children would be on the streets – No access to transitional housing (Warrants for arrest for failure to pay off fines) • Arch. City Attorney: – Had warrants recalled, closed 4 cases, and had approx. $8, 000 in fines and other charges to community service • She is currently going to college, seeking employment, and her kids have a stable environment and enrolled in school.

Our Clients • Single mother working two jobs and going to school – Needs her license to keep her job • She was homeless for a time and slept in her car • Has “poverty crime” charges in four different municipalities – Recommendations total over $5, 000 • Choices: She pays or has her license suspended

Our Clients • Homeless veteran living in a tent encampment • When his attorney’s initial request for warrant recall was denied we demanded a hearing date and appeared before a judge to get warrant lifted • Judge’s original recommendation totaled over $2, 930. 50 – All of these charges are from one arrest and the rest are failure to appears • Cannot currently afford these charges – Attorney currently working on discovery

#Ferguson • Ferguson, a city of about 21, 203 • Filed 11, 400 traffic cases in fiscal year 2013 By Comparison • Chesterfield, a largely white city in the western suburbs, filed almost the exact same number -- but its’ population is more than twice Ferguson’s

#Ferguson • In 2013, the municipal court in Ferguson — a city of 21, 203 people — issued 32, 975 arrest warrants for nonviolent offenses, mostly driving violations. • That’s 90 arrest warrants issued per day.

#Ferguson v. #Chesterfield • Cases involving non-traffic ordinances, which range from loitering and trespassing to petty larceny, provide an even starker contrast, with Ferguson filing almost a dozen times as many per capita than Chesterfield. • Ferguson in fiscal year 2013 filed more than 12, 300 such cases, more than any other city in the county, and up from 8, 800 in 2009. • Chesterfield filed just 2, 300 in 2013.

$Ferguson Despite Ferguson’s relative poverty, fines and court fees comprise the second largest source of revenue for the city, a total of $2, 635, 400 Budget documents show that this was an increase of more than 40 percent from 2010

$Ferguson • "You don’t get $321 in fines and fees and 3 warrants per household from an aboutaverage crime rate. You get numbers like this from bulls!*t arrests for jaywalking and constant 'low level harassment involving traffic stops, court appearances, high fines, and the threat of jail for failure to pay. '“ – Alex Tabarrok, a professor of economics at George Mason University

#Ferguson #Outlier Warrants Issued per 1000 residents Ferguson 1500 1000 St. Ann St. Louis, MO Columbia, MO Source: NYTimes – August 24, 2014 Springfield, MO 500

Hands Up ! Don’t Shoot!

Ferguson Population

Percent of Traffic Stops

Percent of Arrests

Contraband Hit Rate

Contraband Hit Rate • The contraband hit rate for the general population in Ferguson is 22. 59%. The rate for blacks, however, is slightly lower, at 21. 71%. That means about one in five blacks who are stopped are caught with contraband. • But whites have a significantly higher contraband hit rate: 34. 04%. That means more than one in three whites who are stopped get busted for contraband.

Justice Related Debt & Consequences • 24 year old Charles Anthony Chatman Jr. hanged himself in March 2013 – Held on traffic warrants in Jennings, Left unmonitored for an hour after being placed in solitary confinement. Was found dead 45 minutes later. – Chatman had paid $750 in bail to two municipalities but needed $850 more to be released • Jenny Newman, 37, found unconscious in the Des Peres jail in September 2014, died three days later. – Newman was found unconscious an hour after arrest on traffic warrants http: //www. stltoday. com/news/local/crime-and-courts/jennings-hanging-attempt-is-latest-in-series-of-areajail/article_a 62642 ad-141 b-5 b 5 c-9881 -6 ec 2 a 67290 f 8. htm http: //www. stltoday. com/news/local/crime-and-courts/man-found-dead-in-jail-cell-in-jennings/article_cd 89 f 507 -f 07 d-583 f -950 d-f 6392527 c 594. html

Justice Related Debt & Consequences • Bernard Scott, 44 years old, was found with a shoestring around his neck in a Pine Lawn holding cell September 2014 – Scott was taken to the hospital, now recovering at a rehabilitation center. – Scott had been held on traffic warrants • 26 -year-old Dejuan Brison attempted to hang himself in the Jennings city jail in October 2014 – Brison was arrested on a warrant for failing to appear in court in a shoplifting case http: //www. stltoday. com/news/local/crime-and-courts/jennings-hanging-attempt-is-latest-in-series-of-areajail/article_a 62642 ad-141 b-5 b 5 c-9881 -6 ec 2 a 67290 f 8. html

Not Just “White Flight” Federal, State, and Municipal housing policy disenfranchised Black communities in STL • Denied opportunity to build wealth through rising home equity and deprived access to job markets located in white suburbs • Racially coded zoning laws, segregated public housing, enforcing restrictive covenants, subsidized white-only suburban development, eminent domain, urban renewal

Ghettoizing Black Communities • STL City Planning Commission: permitted polluting industries, taverns, liquor stores, nightclubs, and houses of prostitution in African American neighborhoods; prohibited as violations of the zoning ordinance in residential districts elsewhere • STL Housing Authority: transformed multiethnic mixedrace neighborhoods into racially homogenous, neglected projects • Pruitt-Igoe: combination of deteriorating social conditions and public disinvestment caused the federal government to evict all residents of this public housing project and dynamited in 1972

Barring Black Communities from White Suburbs • Federal Housing Administration: – subsidized residential zones that included restrictive covenants (80% of all private home construction in 1943) – Insured mortgages of white homeowners only • Creve Coeur & the Venables: 1959 -- seized their house to build a park • Olivette: annexed portion of neighboring black communities, taxed newly incorporated residents without informing them of the annexation, and rezoned area as industrial—evicting & razing 170 houses

Housing is now six times the average income in Kirkwood, Mo

Today’s Repercussions of Yesterday’s Public Policy: Antonio & Cookie Black small-business owners who fell victim to racist zoning policies Antonio Morgan of Pine Lawn Charles “Cookie” Lee Thompson of Kirkwood

Morgan’s Story • Owns a car repair shop that operates out of his house in Pine Lawn where he faces regular harassment – His employees cited and fined by Pine Lawn police for operating a business without a license – Morgan has a license for his business, but it’s in his name • Clearly illegal should be easily dismissed in court. But comes at inconvenience: – Go to court, find an attorney – Strains relationship between Morgan and his landlord

Cookie’s Story • Owned an asphalt and demolition business, parking his heavy equipment on his parents’ lot in Meacham Park • 1991 --Kirkwood annexed Meacham Park, began to fine Cookie for leaving construction equipment in a residential zone • Could not afford to rent parking space nor ever reached agreement with Kirkwood government to park his equipment

Meacham Park Now

#it’snotjust. Ferguson • • • Beverly Hills Population: 574 (92. 68% African-American) Size of town: . 09 square miles Police force: 14, which also provides services to neighboring Velda Village Hills Cases filed in 2013: 3, 250 traffic tickets, 1, 085 ordinance violations $221, 164. 63 in court fines and fees 26. 37% of Revenue from Fines and Fees

#it’snotjust. Ferguson • • • Calverton Park Population: 1, 293 (42. 23% African-American) Size of town: . 41 square miles Police force: 7 Cases filed in 2013: 5, 039 traffic tickets, 2, 436 ordinance violations $484, 066. 56 in court fines and fees 66. 32% of general revenue from fines and fees

#it’snotjust. Ferguson • • • Edmundson Population: 834 (42. 23% African-American) Size of town: . 26 square miles Police force: 9 Cases filed in 2013: 4, 784 traffic tickets, 1, 097 ordinance violations $568, 499. 80 in court fines and fees 34. 86% of general revenue from fines and fees

#it’snotjust. Ferguson Edmundson

#it’snotjust. Ferguson Edmundson

#it’snotjust. Ferguson • • • Velda City Population: 1, 429 (95. 42% African-American) Size of town: . 16 square miles Police force: 10, plus a canine handler and 3 reserve officers Cases filed in 2013: 4, 132 traffic tickets, 1, 367 ordinance violations $244, 0206. 90 in court fines and fees 21. 58% of general revenue from fines and fees

#it’snotjust. Ferguson • • • Uplands Park Population: 445 (96. 4% African-American) Size of town: . 07 square miles Police force: Dissolved in 2012 Cases filed in 2013: 1, 863 traffic tickets, 122 ordinance violations $92, 242. 00 in court fines and fees

#it’snotjust. Ferguson • • • St. Ann Population: 12, 971 (22. 11%) Size of town: 3. 18 square miles Police force: 38, and 13 civilian staff Cases filed in 2013: 23, 465 traffic tickets, 4, 606 ordinance violations $3, 452, 993. 21 in court fines and fees 37. 47% of general revenue from fines and fees

#it’snotjust. Ferguson • • • Des Peres Population: 8, 466 (. 9% African-American) Size of town: 4. 32 square miles Police force: 44, and 8 civilian staff Cases filed in 2013: 3, 161 traffic tickets, 1010 ordinance violations $447, 727. 72 in court fines and fees 4. 43% of general revenue from fines and fees

#it’snotjust. Ferguson • • • Bella Villa Population: 729 (1. 51 % African-American) Size of town: . 13 square miles Police force: 7 Cases filed in 2013: 6, 539 traffic tickets, 514 ordinance violations $371, 393 in court fines and fees 57. 38% of general revenue from fines and fees

Policy • Warrant Recall program in Ferguson and City of St. Louis among others • Amendment to Rule 37 – Requires municipal courts make a finding as to indigent status and proportion fines and costs – Requires court send summons to individuals prior to issuing warrant for failure to appear • SB 5 (Mack’s Creek Law – revisions) – Lowers revenue to 20% and then reduces to 10% over time – Currently on Appeal

Policy • Ferguson Commission – Municipal Courts Working Group • Law for Black Lives • National Action Against Incarcerating Youth • Pine Lawn and Institutional Accountability Summit • Misdemeanor Justice Project • Homelessness Outreach

Impact Litigation • w/ SLU Law Clinic – Macks Creek Law Class Action against Bel-Ridge – Illegal Warrant Recall Fee Class Action against 12 Municipalities • w/ Equal Justice Under Law and White & Case – Debtors’ Prison Class Action against Jennings – Debtors’ Prison Class Action against Ferguson – Illegal Bail Class Action against Velda City – Illegal Bail Class Action against St. Ann

Impact Litigation • Illegal 4 th Amendment Violations – St. Louis County’s “Wanteds” Policy • Police Misconduct Cases – Pine Lawn, Ferguson, City of St. Louis, Kinloch • Crime Free Ordinance Case – Belleville IL • RICO case against 13 municipalities with Arnold & Porter • 3 additional Debtors’ Prison Cases