But there is another, unnoticed irony in the venue itself. Three times a month—one day and two nights—the City Council chamber also serves as home to the incredibly busy and extremely profitable Ferguson municipal court. A report issued just last week by the nonprofit lawyer’s group ArchCity Defenders notes that in the court’s 36 three-hour sessions in 2013, it handled 12,108 cases and 24,532 warrants. That is an average of 1.5 cases and three warrants per Ferguson household. Fines and court fees for the year in this city of just 21,000 people totaled $2,635,400. The sum made the municipal court the city’s second-biggest source of revenue. It is also almost certainly was a major factor in the antagonism between the police and the citizenry preceding the tragedy that resulted when Wilson had another encounter with a subject six months after he got his commendation. And any complete investigation into how Michael Brown came to be sprawled dead in the street with a half-dozen bullet wounds must consider not just the cop but the system he served, a system whose primary components include a minor court that generates major money, much of it from poor and working people. Five of the six City Council members who meet in this chamber are white, even though the city itself is more than 70 percent black. The City Council appoints the municipal judge, currently Ron Brockmeyer, who is also white. But when this same chamber serves as Ferguson Municipal Court, a disproportionate number of the defendants are black. The immediate explanation is that the bulk of the cases arise from car stops. The ArchCity Defenders report notes: “Whites comprise 29% of the population of Ferguson but just 12.7% of vehicle stops. After being stopped in Ferguson, blacks are almost twice as likely as whites to be searched (12.1% vs. 6.9%) and twice as likely to be arrested (10.4% vs. 5.2%).” Lest anyone contend that blacks inherently merit greater police attention than whites, the report offers another statistic. “Searches of black individuals result in discovery of contraband only 21.7% of the time, while similar searches of whites produce contraband 34.0% of the time.” That would suggest both that whites were more likely to be stopped when there was actual probable cause and that blacks were more likely to be stopped when there was not. And the antagonism sure to be generated by such racial disparities was magnified by the sheer number of cases. The report cites a court employee as saying the docket for a typical three-hour court session has up to 1,500 cases. The report goes on to say that “in addition to such heavy legal prosecution,” the Ferguson court and others like it in nearby towns “engage in a number of operational procedures that make it even more difficult for defendants to navigate the courts.” The report goes on, “For example, a Ferguson court employee reported that the bench routinely starts hearing cases 30 minutes before the appointed time and then locks the doors to the building as early as five minutes after the official hour, a practice that could easily lead a defendant arriving even slightly late to receive an additional charge for failure to appear.” The lawyers of ArchCity Defenders specialize in representing the indigent and the homeless. They noticed that many of their clients had multiple warrants on minor charges issued by municipal courts in Ferguson and the other 80 municipalities in St. Louis County that have their own courts and police. “They didn’t just have one case, they had 10 cases,” says Thomas Harvey, the organization’s 44-year-old executive director. The warrants too often precluded the clients from securing shelter and services, and access to job programs. The lawyers sought some remedy in the issuing courts. “It kept being about the money,” Harvey recalls. “We were telling the court, ‘They don’t have any money because they’re homeless.’”
Posted on: Fri, 22 Aug 2014 12:53:53 +0000
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