Justice Matters

JUSTICE
MATTERS
HOMELESS
IN JEFFERSON COUNTY
Our county’s most vulnerable citizens are left
out in the cold.
“Pay or Stay” Dockets
Local municipalities are squeezing money out of the poor.
It’s both WRONG and ILLEGAL.
COMMUNITY LAW OFFICE NEWSLETTER
DECEMBER 2014

Let’s Talk: A LETTER FROM THE PUBLIC DEFENDER
This month, Justice Matters
focuses on poverty. The
Community Law Office’s
work is directly
linked to
poverty because most
of our clients live at
or below the poverty
line. For some,
poverty is a result
of poor decision
making, but for many,
poverty is triggered
by circumstances well
beyond their control:
lack of adequate resources,
insufficient educational
opportunities, mental and physical
disabilities, or just plain bad luck.
Whatever the reason, the CLO cannot
do its work without acknowledging that
many of our clients are trapped in a cycle
of poverty.
Our clients, like 28 percent of all
Birmingham residents, 17 percent of
Jefferson County residents, and 18
percent of Alabamians, simply don’t have
“
As a result, our
clients, who have already
been determined the
least able to pay, often find
themselves targets of government
efforts to generate
income for their operational
budgets. ”
WE MUST NOT IGNORE OUR POVERTY-STRICKEN
RESIDENTS: THEY NEED OUR HELP THE MOST
the financial means to support themselves. Poverty can be directly
linked to involvement with the criminal justice system.
Sometimes it is easy to overlook the everyday struggles of people
who live in poverty. Our failure to notice these struggles, however,
doesn’t make them any less real. In his speech given at Grosse
Pointe High School in Michigan on March 14, 1968, Dr. Martin
Luther King, Jr., painted a vivid picture of our nation’s duality:
America is the habitat of millions of people who have food and material
necessities for their bodies, culture and education for their minds… In
this America children grow up in the sunlight of opportunity. But there
is another America. This other America has a daily ugliness about
it that transforms the buoyancy of hope into the fatigue of despair.
In this other America, thousands and thousands of people, men in
particular, walk the streets in search for jobs that do not exist. In this
other America, millions of people are forced to live in vermin-filled,
distressing housing conditions where they do not have the privilege
of having wall-to-wall carpeting but all too often, they end up with
wall-to-wall rats and roaches.
King delivered this speech 46 years ago, but this dual reality
persists today. More than 2,000 people in Birmingham are living on
the streets. Others who have a roof over their head, are still living
below the poverty line and unable to rise above their situation
because the government penalizes them for being poor. As a
result, our clients, who have already been determined
the least able to pay, often find themselves targets
of government efforts to generate income for
operational budgets. Our goal as a holistic office
is to help address the root causes of our clients’
problems to help prevent them from returning to
the criminal justice system. The CLO is tackling
this problem by connecting our clients to the
resources they need to help them break the cycle
of poverty. But we need the community’s help to
ensure that those who are interested in changing
their lives, have the opportunity to do so.
Follow Kira On Social Media
@fonteneau
www.facebook.com/Fonteneau
Kira Fonteneau
Public Defender
By Elizabeth Glasscox
Deputy Public Defender
LEGAL MATTERS
Our Poorest Residents Pay for the Price of So-Called Justice
Debtors’ prisons, an age-old practice used to
punish people who can’t afford to pay their
debts, are on the rise again.
More than two decades after the United
States Supreme Court decision in Bearden
v. Georgia, 461 U.S. 660 1983, banned incarceration
of people who can’t
afford to pay their
fines, the concept
of debtors’ prison is
once again thriving
in the form of “pay
or stay” courts. As
local government
budgets continue
to shrink, many are
calling defendants to
court to coerce them
to either pay their
court costs, fines
and restitution, or
go to jail.
This practice
creates a two-tiered system of injustice, wherein the
poorest defendants are punished more harshly than
defendants who can afford to pay their fines. People
who pay on time will avoid jail, complete their probation,
and move on with their lives. While those who
cannot, remain entangled in the system for months,
years or longer.
People who can’t afford to pay their fines will pay
more in late fees, stay on probation longer and face
the continual threat of being thrown in jail.
All of the clients we serve have been determined
the least able to pay. Still, they are often targeted by
governments to help bolster their budgets.
Defense attorneys have obvious concerns with pay
or stay appearances.
First, when a person is subject to incarceration for
a probation violation, a criminal contempt charge, or
even being threatened with being thrown in jail for
not paying fines, the defendant should be represented
by counsel. As of late, defense attorneys have not
been invited to pay or stay courts.
Second, the response to non-payment of fines, court
costs, and restitution should include all of the options
outlined in Rule 26 of the Alabama Rules of Criminal
Procedure. Under the rules the court should first
determine if a person is truly indigent. If so, the court
may release the defendant from the obligation to pay
entirely. If the court determines that the person is
partially indigent then their fines can be reduced to a
more feasible amount. Also, the court may decline to
adjudicate the matter entirely and direct the district
attorney to pursue civil collection remedies. However,
in no case should indigent defendants be incarcerated
(or threatened with incarceration) for their inability to
pay. In addition to questions of constitutionality, pay
or stay dockets are not cost effective.
The real price of incarceration goes far beyond the
$35.92 dollars a day it costs to house an inmate at
the Jefferson County Jail. Incarceration diminishes
a person’s ability to repay their legal debts because
they are not working. Jail time disrupts not only their
lives, but also their families’ lives and can lead to
increased public costs when they must turn to social
welfare programs to survive. Also, the costs to run
these special court dockets to collect fees are surely
expensive. Paying judges and lawyers to run the program,
creating dockets, conducting hearings, issuing
warrants, and delegating law enforcement officials to
locate and detain debtors, ALL COST MONEY – probably
even more than the amount collected at these pay
or stay appearances.
These modern-day debtors’ prisons impose devastating
human costs, waste taxpayer money and resources,
and undermine our criminal justice system. Plus,
after all arguments are made, the fact remains, the
practice of jailing people simply because they cannot
pay is illegal. E
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On Social Media!
Twitter:
@JeffcoDefender
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@JeffcoCLO
www.jeffcodefender.org
3

Gearing Up
for
MEAN STREETS
the
Leon Pettus feels stuck in hell on earth. He has been
homeless since 2001 and doesn’t see an end to his
ordeal. To make matters worse, he is caught up in a
bureaucratic system that continually kicks him while
he’s down.
Ten years ago, Pettus nearly died from spinal injuries and
spent more than four months in the hospital. Now, it’s hard
for him to find work. He applied for disability benefits but
without an address and proper identification, he is often
hit with setbacks as he tries to gain access to the social
safety net designed to ensure that he is not left out in the
cold.
The Community Law Office has been working with Pettus
to turn his life around and he graciously allowed Justice
Matters to share a glimpse of his life as a homeless man
in Birmingham.
By Crystal Jarvis
Special Projects Coordinator
The first time I met Leon Pettus, he
stumbled to the front desk at the Community
Law Office to tell us about the
horrendous “blowout” he encountered
over the weekend.
Naturally, I assumed his mishap involved rubber
tires and swerving across a highway. I quickly
learned, however, that Pettus doesn’t have a car.
Unfortunately, he doesn’t even have a home. He
has been living on the streets for more than 14
years. His blowout involved an old, worn-out pair
of sneakers: “They just burst wide open,” he said.
“I had to walk around barefooted.”
By the time he made it to the CLO that morning,
he was staggering in a pair of bowling shoes - two
sizes too big. He found the nearest seat in the
waiting area to rest his aching feet.
“I can wear a nine and a halves easier than I
can wear twelves,” he said, pointing at the oversized
shoes.
Everyone in the office went on a mission to find
Pettus new shoes. By the next day, a box filled
with all types of shoes was sitting on my desk.
Pettus had a several to choose from: sneakers,
boots, dress and casual shoes.
If only it were that easy to find him a place to
live.
As a homeless man, Pettus’ life spills out onto
the streets of Birmingham. He carries around a
blue sack and lays his head wherever he can find
a warm, dry place to sleep. Some nights, when
the temperatures are at record lows, he admits to
being tempted to commit a crime just to go to jail.
Then he will at least have shelter.
“I’ve got to have me a place to stay,” Pettus said.
“The street life is crazy.”
Important documents such as birth certificates
and passports that we can easily keep dry and
safe at home, can be hard for Pettus to keep up
with. His bags have been stolen more times that
he can count. Each time it happens, he must start
again to rebuild his identity. When Pettus became
our client, we began assisting him with that effort.
Along the way, we realized just how daunting a
task this can be for a person who is transient.
That is why lawyers, social workers client advocates
and intake coordinators at the CLO were
ecstatic when Pettus’ Social Security card arrived
“ I’ve got to have me a place to stay.
The street life is crazy. ”
- LEON PETTUS
in the mail. They have been fiercely working to get him
off the streets for good. The arrival of that little blue card
was the first of many hurdles we had to clear.
Statistics compiled by One Roof’s Point in Time Survey
shows that more than 387 people throughout Jefferson,
Shelby, and St. Clair counties are homeless. Another
94 people, including Pettus, are classified as chronically
homeless, which means they have been homeless for
one or more years or have a serious mental illness. Also
According to One Roof, nearly 2,100 people are homeless
on any given day in Jefferson County.
Pettus has been chronically homeless primarily because
he has been caught up in bureaucracy.
He may be eligible for disability benefits but trying to
meet the demands of the disability application has been
challenging. Continued on Pg. 8
5

Happy
Holidays
from the
COMMUNITY LAW OFFICE
7

For example, in order to apply for
disability he must get a physical.
Medicaid will not pay for physicals
if they are conducted for the purposes
of applying for disability or
social security. Pettus wasted two
visits to a local clinic before they
informed him of this information.
Instead, he needed a Jefferson
County Blue Card. Then, Pettus
had to wait another two weeks to
receive the card. Finally,
he has a disability hearing
set for late January.
Meanwhile, Pettus will
spend his nights sleeping
on park benches
or somewhere under a
bridge. Waiting.
A Lumper’s Dilemma
Pettus is a popular man
at the Community Law
Office. We often worry
about him, especially if
he hasn’t stopped by in a
few days. On extremely
cold nights we cross our
fingers and hope that he
hasn’t committed a crime
to get out of the cold.
Pettus was assigned
to the Community Law
Office in February after
being charged with
possession of a forged
instrument. Scam artists convinced
him to cash a check for
them, promising that they would
give him a portion of the money.
The CLO helped him resolve his
legal troubles earlier this year. He
comes by the CLO at least once a
week to check in on the progress
of his pending disability case, his
only hope of obtaining permanent
housing.
Pettus, who grew up in Trussville,
Alabama, has been homeless off
and on for nearly 14 years. He
served time in prison and has lived
in Atlanta and here in Birmingham.
He has no immediate family in the
city and had no idea whether his
mother was alive or dead until his
sister called the office a few weeks
ago with devastating news.
The note in our system said:
“Received a message from client’s
sister, Lisa Pettus. His mother died.
She passed away a few days ago.
Funeral will be this Saturday, at 11
a.m. Will be buried
at Jefferson Memorial
in Trussville.
Ms. Pettus said she
doesn’t know how
to get in touch with
her brother, but she
knows he comes in
to the office frequently.”
We frantically
searched for Pettus
that day to deliver
the news. He coincidentally
showed
up at our office, his
face bright red and
wet from crying. He
had already heard
about his mother’s
death. He said he
Sign in Linn Park in
Downtown Birmingham
where homeless people
often hang out.
felt like prison was
a better than life on
the streets.
For a while, Pettus
lived with his
mother in Huntsville, Alabama, but
when she went to live in a nursing
home, his brother sold her home
and they lost touch. He moved to
Atlanta and found work as a day
laborer at the Atlanta Farmer’s
Market. They paid him cash to
unload goods off freight trucks.
Earning more than $500 a week
and living in a nearby motel, he
was finally making decent money.
His good thing quickly came to an
end. His employer would no longer
allow him to work without a lumper’s
card, which is official documentation
for laborers who unload
trucks. Once Pettus obtained the
card, he was still not allowed back
in the gate, he said.
“They wouldn’t let us work there
no more.” Pettus said.
Marked Territory
Once his money ran out, Pettus
had to move out of the motel. With
limited options, he built a shed
in the woods outside of DeKalb
County, Georgia. He created the
makeshift home with materials he
found at an abandoned construction
site. He split his time between
his shed and beneath a bridge
until he was confronted by another
homeless man speaking Spanish. It
was obvious that the man was upset
but Pettus couldn’t understand
him. The man walked away and
returned with two other men. He
assumed that they would speak in
English to explain the problem. “I
didn’t know what he was saying,”
Pettus said. “I was sitting under
the bridge, drunk.”
They immediately started throwing
punches and kicking him.
“They broke my right forearm
and my spine and I bled out,” he
said. “I ‘bout died on my way to
the hospital.” Pettus doesn’t know
what happened but he guessed it
was over that spot he was occupying
under the bridge. After the
melee, he spent four months in the
hospital.
New World, Old Problems
When Pettus left the hospital, he
was more cautious about where
he spent his time. He met a pastor
who ministered to him and a few
of his friends. The pastor bought
them breakfast at Krystal’s every
Tuesday and gave words of encouragement,
Pettus said.
One Tuesday, the same day his
Leon Pettus hanging out at his usual spot at Linn Park in Downtown Birmingham. Pettus has been living on
the streets for more than 14 years. Pg 5, Pettus is discussing his problems with another CLO Client Charles
McKenzie.
friends expected to cash their Social Security Checks,
the pastor was ready to take them to breakfast. Pettus
was the only one who planned to go. The rest of
his friends stayed behind. The pastor warned: “‘You’re
going to wish you had went to breakfast with me and
prayed.’”
The next day, Pettus found out that one of his close
friends, who normally attended the morning prayer
sessions, died of a drug overdose.
“They said he just hit a big piece of that rock and
fell over right there on the bed,” Pettus said. After his
friend passed away, he knew he had to return home
to Birmingham.
“If I stay down here I’m just going to be another
statistic,” Pettus said. “I’m going to be just another
homeless man that dies—that’s just going to be on
the damned news.”
Cold Nights Like This
I decided to hang out with Pettus one afternoon to
catch a glimpse at life on the streets.
Before we left the office, his attorney, Ashley Heidger,
begged him: “Please! Please! Mr. Pettus, don’t do
anything to go to jail. It will ruin everything we’ve
worked so hard for,” she said. “Has anyone ever
worked this hard for you?”
“No,” Pettus responded with a heartwarming smile.
It was 35 degrees outside that day. We took a brisk
walk a few blocks away to Linn Park in Downtown
Birmingham. It was 2 p.m., and the temperature
was rapidly falling. With the temperature expected
to drop well below freezing, the city planned to open
the Boutwell Auditorium for its homeless citizens at 5
p.m. While walking across the street, Pettus spotted a
nickel in the middle of the road. Despite traffic rushing
toward us, he stopped to pick it up.
“Once I was walking out of the Western over there
on the Southside after buying a beer and I looked
down and I found a twenty-dollar bill!”
I stood out in the park talking to his homeless
friends who were chain smoking on the park benches.
I watched one of the men eat a sandwich while others
huddled close together. We were all sniffing and
hugging our coat sleeves, trying to generate heat.
By 3:18 p.m., we were still standing in the same
spot, struggling to stay warm. Since I had to get back
to work, I said my goodbyes and headed back. When
I returned, I poured a steaming cup of coffee and
wriggled my frostbitten toes in front of a tiny space
heater under my desk.
My mind fell on Pettus.
He and his friends were still out there, In the cold
waiting for 5 p.m., when the warming station was
set to open. I hoped desperation wouldn’t lead him
to get arrested in exchange for a warm cot in a jail
cell. Truthfully, I wouldn’t blame him if he did. After
spending just one hour and 18 minutes in the cold, I
would’ve done anything to be warm.
We here at the office are crossing our fingers that
Pettus will have his own place soon. But then what?
There are 2099 more people out there in Jefferson
County who will be in the same predicament. Homeless
and waiting. E
Crystal Jarvis serves as the Special Projects Coordinator for the
Community Law Office and editor of Justice Matters.
Cover Photo and Photos of Leon Pettus were taken by Jarvis.
9

RECIDIVISM STILL ON THE RISE
AMONG THE HOMELESS
By Wendy Peek
Lead Social Worker
People who have experienced
homelessness
are disproportionately
represented within
the criminal justice
system. Nearly 15 percent of
inmates are homeless at some
point in the year prior to arrest.
Additionally, people who have
experienced
living
on the
streets are
arrested
more often,
face longer
periods of
incarceration,
and
have higher
rates of
recidivism
Wendy Peek
than people with stable housing.
Homelessness and the
criminal justice system have
an effect on each other in the
current carceral state where incarceration
is used as a poverty
management tool.
Understanding these practical
realities, the CLO’s social
work team tries to address
the needs of our clients who
have suffered from housing
instability. During the last year,
the social work team and our
interns have linked many of
our homeless clients with area
shelters. Unfortunately, we are
not always successful in making
placements. To help, CLO
staff members collected money
to buy emergency blanks,
underwear, socks, and snacks
for those who cannot or will not
reside in local shelters. We also
give information about available
food and clothing resources.
CLO employees and members of
the community have also donated
clothes and shoes to help
our homeless clients when they
must be presentable in court.
Since drug addiction and mental
health are major factors in
homelessness, CLO Social Workers
assist clients with scheduling
mental health appointments
and provide psycho-education
to family members and friends
who are willing to help. We
also conduct substance abuse
assessments and assist clients
to locate appropriate treatment
for their addictions.
In 2015, the CLO will continue
to fight poverty and homelessness.
The CLO plans to send a
team of staff members to help
collect data for One Roof’s Point
in Time Survey. We will also
send all Social Work staff, Client
Advocates and Gideon’s Promise
Fellows to SSI/SSDI Outreach,
Access, and Recovery (SOAR)
training to help our clients
access benefits that
can help them to
break the cycle of
poverty and homelessness.
With these initiatives,
we hope
that our office will
be able to create
measurably better
outcomes for our
clients.
CLO Spotlight
This month the spotlight shines on CLO
Intake Coordinator Justian Staton. When
our client, Leon Pettus, was in a crisis,
Staton quickly stepped in to save the day.
Pettus, who visits our
office on a regular basis,
said his feet were
hurting after walking
around in shoes that
were too small. The
shoes he had recently
found at a clothes
closet were for women.
When Justian heard
this he stopped what
he was working on and
Justian Staton
went to his car. He returned with a pair of
practically new shoes!
Justian’s actions demonstrated his true
dedication to The Community Law Office
and its mission to uplift the community.
We are fortunate to have Justian, and
we thank him for going above and beyond
the call of duty to help our clients.
Source: Coalition for the Homeless
Sweet
ALABAMA
Based on balanced statistics by state,
Alabama has one of the HIGHEST rates of homeless individuals.
Between 2012 and 2013, 333 families were homeless.
Of those families, more than 32 percent were living on
the streets.
CLO Snapshot
In 2012, there were 46.5 million people in poverty
Source: U.S. Department of Housing and
Urban Development
Source: U.S. Census Bureau
610,042
People homeless across America on any given night.
Source: U.S. Department of Housing and
Urban Development
11

950 22nd Street North, Ste. 1000
Birmingham, AL 35203-5312
ONE GOOD THING: A Glimpse of Sloss Furnaces
Photo by Kelley Hudlow