‘Renaissance Mayor’ Embraces Reform in Pensacola

Originally published in the Huffington Post

As last month’s one-year anniversary of the “Ferguson” protest was duly noted, it became difficult to ignore just how little actual reform has been accomplished as old political issues tried to capitalize on new controversy — like, as Politico noted, using the reforms to try and consolidate towns into larger municipalities.

You can commend the highly cited decision of a Ferguson judge to “suspend” arrest warrants issued prior to Dec. of 2014. However, you also have to note that the order was voluntary and didn’t actually dismiss any cases; it calls for retrials, but since those cases are quasi-criminal it’s hard to see how that would not violate the ban on “double jeopardy.”

Basically, Ferguson remains a mess and illustrates how difficult it can be to change a system. If a town of 20,000 souls can’t find a way to police itself, what chance do we have in larger communities? Indeed, it might be that the smaller cities are the “new incubators” for finding solutions that scale across larger areas, a role that state and local governments have long played.

You can look to places like Compton (yes, THAT Compton) for innovation from that city’s first female mayor, Aja Brown. Or try the beach community of Pensacola, where a native son has transitioned from the private sector to become a “CEO” style leader – and the Republican is embracing a program to bring convicted felons back into the community.

A Pensacola native, Ashton Hayward attended Florida State University and worked in New York City before returning home in 2003. After running successful real estate investment firm, he entered politics with a run for mayor. It was the first election for a newly empowered office as Pensacola shifted to a “strong mayor” form of government. It took a runoff in 2010, but he won and ushered in a great deal of change starting with how the mayor’s responsibilities were categorized.

The mayor’s election is officially non-partisan, but Hayward is a Republican and can sound like the pro-business CEO he was: “We are a first class city that will compete regionally, nationally, and internationally for jobs, investment, and talent,” he says, explaining that he sees his constituents as shareholders in the future of his city. Move over Donald Trump!

He wasted little time. Through a combination of private investment and strong civic entrepreneurship, Hayward has overseen an overhaul of the historic downtown. Gone are the days when businesses struggled to attract large swaths of customers. There are now consumer friendly walk-and-bike environs downtown and it’s likely that thousands of jobs have been created.

“It is my hope that my legacy reflects the fact we have stopped talking about our city’s potential and instead are reaching it,” he says.

The mayor has tackled some of the “big issues” where reform has eluded many other cities, in fairly “conservative” fashion, including tackling public employee pension reforms with three unions, cutting unfunded pension liabilities by 15% and saving taxpayers tens of millions of dollars.

But when it comes to the sort of civil issues like those seeding unrest in Ferguson, the mayor starts sounding downright progressive, including noting that his city, with 50,000 residents, gets only a small part of its budget from policing fees. (Ferguson famously is pretty much funded by tickets and the resulting fees and court incomes, as NPR explains.)

Perhaps reflecting a broader national trend, Hayward is also a vocal supporter of a program called REAP, for “Re-Entry Alliance Pensacola,” which has been working to bring non-violent offenders back into their communities. He didn’t start the program. It was formed (according to its website) when, at the “suggestion of M. Casey Rodgers, Chief Judge Federal District Court for the Northern District of Florida” created the group “… to assist federal inmates returning to our local community. An Inmate Mentoring Program had been previously established in 2012 primarily using local attorneys acting as mentors to inmates participating in the Federal Re-entry Court.”

“Once someone has served the time, paid restitution for his or her crime, and doesn’t pose a threat to others, I think everyone benefits if we work to integrate them as productive, taxpaying citizens,” says Hayward.

Look, as a mayor of any city, it’s tough to ride the wave of political office and not get pulled down by the sort of politics that blocked real change in Ferguson, even amid global headlines and an uprising. But Ashton Hayward has become a bit of a “Renaissance Mayor” and his supporters insist he’s created a swell of popularity and re-energized civic pride.

Which is good news as Ferguson, and doubtless other cities, smolder on.

(… this post is part of an ongoing National Courts Monitor series profiling U.S. mayors.)

Drowned Syrian Toddler Should Prompt Look Closer To Home

Images of three-year-old Aylan Kurdi, one of at least 12 Syrians who drowned trying to flee that war-torn region, have broken through the news clutter to actually shock the world. But they should also remind us that
AP photo used in Tampa Bay Times report on 12/22/14 shows "Young detainees sleep in a holding cell on June 18, 2014, at a U.S. Customs and Border Protection processing facility in Brownsville,Texas."

AP photo used in Tampa Bay Times report on 12/22/14 shows “Young detainees sleep in a holding cell on June 18, 2014, at a U.S. Customs and Border Protection processing facility in Brownsville,Texas.”

the United States has a refugee crisis of its own, and a federal judge has ordered the “family detention camps” closed later this month because they are illegal. The immigration courts are swamped, cases are backed up for years and thousands of “border kids” are in dangerous limbo.
 
To refresh your memory from when our domestic crisis was seizing the world stage, look here:
 

In Kentucky, Clerk Pits Supreme Court Against Supreme Being

What happens if a public official simply refuses for follow a Supreme Court ruling? In Kentucky, we’re about to find out as a clerk, an elected position in the Bluegrass State, says she’s answering to a higher authority – God. Others are noting contempt: “She’s certainly in contempt of court by any definition of the term, so the District Court has an array of sanctions it can resort to, to deal with that,” said Daniel J. Canon, a lawyer for some of the same-sex couples seeking licenses. “It can levy civil or criminal sanctions against her, and we had hoped that it would not come down to that.”
 
It’s all taking place in a college town, Morehead, which is home to Morehead State University.

Obama Admin. Fighting To Keep Family Detention Centers

As reported in Politico on 8/7/15: US citizens Esmeralda Tepetate, 10, with her brother Sebastian, 2, whose parents are originally from Mexico, holds a sign that says "stop separating families" during a rally for comprehensive immigration reform, Friday, Nov. 7, 2014,  outside of the White House in Washington. After the midterm elections immigration groups are pushing for executive action. (AP Photo/Jacquelyn Martin)

As reported in Politico on 8/7/15: US citizens Esmeralda Tepetate, 10, with her brother Sebastian, 2, whose parents are originally from Mexico, holds a sign that says “stop separating families” during a rally for comprehensive immigration reform, Friday, Nov. 7, 2014, outside of the White House in Washington. After the midterm elections immigration groups are pushing for executive action. (AP Photo/Jacquelyn Martin)

Politico and others are reporting that the Obama administration is asking a federal judge to reconsider her ruling that the U.S. must release of tens of thousands of immigrant mothers and children who tried to cross the southern border illegally. Says Politico: “… in a 60-page response filed late Thursday, Justice Department lawyers argued that family detention facilities run by the Department of Homeland Security are a necessary tool to help deter illegal migration to the United States.”
 
The judge’s order is starting to gain notice, as has the family detention issue. President Obama also finds himself at odds with his own party, according to Politico, which reports that “… detaining immigrant families caught at the border have run into steep opposition from Democrats on Capitol Hill. Nearly all members of the House Democratic Caucus signed onto a letter circulated last week by Rep. Zoe Lofgren (D-Calif.), a former immigration attorney who is the ranking member on a House subcommittee overseeing the policy.”
 
“It is long past time to end family detention,” the House Democrats wrote in the letter. “In light of this recent federal court ruling, we urge you take all necessary and appropriate steps to bring the Department’s practices in line with the settlement agreement and the recent court ruling.” Keep track of the slow-burning fuse here:

Read more: DOJ fights family detention ruling (Politico)

L.A. Times Calls Out Congress Over Immigration Court Backlog

In a major editorial, the Los Angeles Times is calling upon Congress to fix the immigration court backlog and offers some compelling numbers in the process: “… over the last 10 years, the workload of the federal immigration court system has increased by 146% to an astounding 453,948 active cases at the end of July. The average amount of time each of those cases has been pending: 627 days. Some have been lingering for years.”
 
The LAT also notes that the backlog effects are exactly what we don’t want: People who have no legal right to be in the country get lengthy reprieves simply because the judges can’t get to their cases while those with legit claims are left “twisting in the wind.”
 
The editorial says that “… the reason for the enormous backlog is clear. While the government has poured money into enhancing border security — the number of border agents has nearly doubled to 21,000 in the last decade — it has failed to similarly increase the capacity of the immigration court system that hears deportation cases. According to a recent report, immigration enforcement budgets increased 300% from 2002 through 2013, but immigration court budgets rose only 70%.
 
The immigration courts are really an international embarrassment for the United States. The LAT editorial shows just how bad it is, and why it’s likely to get worse: The immigration court backlog: Why won’t Congress act?

Why Ferguson Opposed The ‘Ferguson Reforms’

With civil unrest in Ferguson, MO, once again making headlines, it’s probably worth noting that much of all this had to do with municipal court reform. In particular, it had to do with traffic tickets given to poor African-Americans and pretty much funding the city with that system. The Justice Department report called for sweeping changes, the state called for sweeping changes and newspapers reported on the famous “Ferguson Reforms.”
 
But once the national spotlight moved on, Ferguson and towns like it did not embrace the reforms, which by and large did not actually become law. One reason is that new laws would have placed limits on how much of a local city’s budget came from traffic enforcement, which some leaders think could lead to some towns going away. Conservatives, it turns out, have been on a “consolidation” kick of late… you can see POLITICO break down the issues here:
 

San Francisco Leads On Civil Gideon Moment

We’ve noted the push for a “Civil Gideon” for non-criminal offenses that carry life-changing results – like eviction, family custody and immigration status – so it’s worth noting that San Francisco still leads the movement among U.S. cities. The city’s bar association has a website that notes “… San Francisco is the nation’s first “Right to Civil Counsel City” that recognizes everyone should have access to legal services in cases involving basic human needs, including housing, child custody, sustenance, safety, and health.”
 
You can check out the progress here: Right to Civil Counsel Program

California Civil Case Against Bill Cosby Clears Big Test

The ongoing civil courts education known as the Bill Cosby case will apparently continue. The Washington Post is among those reporting that “… the California Supreme Court has turned down Bill Cosby’s challenge to a sexual assault lawsuit against him, meaning the suit can go forward and Cosby could be questioned under oath for the first time in years — by super-aggressive, feminist lawyer Gloria Allred.”
 
While “super-aggressive” might be in the eye of the beholder, it is clear that the case will continue to illustrate issues like civil-vs.-criminal trials and limitations on prosecution. The WaPo also has commentary from Allread: “We believe we have a right to take his deposition in this civil lawsuit. We are going to tomorrow provide him with dates in August when we are available to do that… we are willing to even go to Massachusetts where allegedly he resides and take it.”
 

Fraud Case Brings Jail Time For SoCal Attorney

Saying that Newport Beach attorney Gino Paul Pietro “had a bad week,’ the Courthouse News is reporting that the lawyer is being sentenced to 30 months in federal prison for two fraud schemes in Southern California – and that “It could have been worse…”
 
At issue is an attorney named Gino Paul Pietro, for Pietro, 54, who faced two fraud charges. One was for a tax scheme and another for representing solutions that were apparently untrue. The CN says U.S. District Judge Dana Sabraw in San Diego called Pietro a “disgrace to the entire legal profession,” and also ordered him to pay $18,000 in restitution. Meanwhile, his client in an Orange County tax case, Donald Goff, was sentenced to 78 months in prison.
 
Bad week indeed. Read the details here: Courthouse News Service

2013 Budget Cuts Still Forcing Adjustments For Court Facilities

The Desert Dispatch newspaper reports that the supervising judge for San Bernardino County will implement a reorganizational plan that will expand services at the Barstow Courthouse in order to enable the Victorville Courthouse to take on more criminal cases. The report offers a reminder that “… budget cuts in 2013 shuttered courthouses in Barstow, Big Bear, Needles and Chino. A last-minute reprieve thanks to $1.2 million from state courts reserves allowed one courtroom to stay open in Barstow. The lone courtroom allowed traffic, landlord-tenant, small claims and domestic violence cases to continue to be heard three days a week.”
 
Reporter Mike Lamb writes about one impact of the change “… a state judiciary report that was released in August showed San Bernardino County kept more of its felony cases on the docket after 12 months than any other county in California during fiscal year 2012-13. The report showed that county courtrooms are dealing with massive caseloads.” Adjusting the civil caseload might help with that backlog.