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COLUMN
FEATURE
UDGES’ CORNER
COLUMN ETHICS PERSEPECTIVE
J

CHALLENGES

OF JUSTICE REFORM

Hon . Kristin W . Sweeney

he need for criminal justice ideas about who should be housed in the staff use room confinement. While we
reform is one of the few issues detention center; all of their positions are cannot allow each staff member to dictate
in which there appears to be well thought out and reasonable. policy, we can respect them as professionals.
bipartisan agreement. The Reform means having frequent, Constant conversations with direct care staff
T First Step Act was passed uncomfortable conversations with very about why we are making changes, and how
last December with the support of both different groups of people. We must make an staff perceives those changes are vital for
President Trump and Senator Cory Booker. effort to truly listen to each other with an open effective, lasting reforms.
But how easy will it be for them to agree on mind and humility. We have to find common Change is always hard, and it takes time
“the next step” in criminal justice reform? ground. We have to articulate a vision. Here to change a work culture. Some direct care
I’m finishing my sixth year as the is my vision for juvenile detention: we must staff are invested in the status quo because
administrative judge of the juvenile court. treat our residents as we would want our own the status quo feels safe, and safety is
I have presided over many reforms. In this children to be treated if they were in juvenile understandably a huge issue in detention. For
article, I want to use juvenile detention detention. The juvenile court is working to new policies to be real and lasting, staff needs
to illustrate the challenges of justice translate that vision into detailed policies by to be emotionally invested in them. Some staff
reform. If there is an over arching theme working to hire the right people and through decide that they will never share our vision
for achieving reforms on a local level, it collaboration with a variety of knowledgeable and seek new employment opportunities. We
is this: the importance of collaboration partners in justice reform. wish them well.
and relationships. Collaboration and Law enforcement is one such partner. Some groups have a sense of urgency
relationships are vital for setting a vision Juvenile booking was a reform requested that makes them impatient with the pace
and putting that vision into action via policy by law enforcement. Under a system that of reform. They want immediate, top-down
creation. They are just as vital in achieving existed for decades, youth were booked reforms. But it takes time to ensure that the
“buy-in” from employees charged with in the county jail before transport to the people charged with carrying reforms out
carrying out those reforms on a daily basis. detention center. The police wanted to understand them and are trained on how to
There are many different visions of what change this because officers had to stay implement them. There also needs to be a
criminal justice reform should look like. with the child from the time of arrest until period of reflection to make sure reforms are
Sometimes these visions are drastically different detention center admission. Conversations working as intended.
from each other. How do we decide our vision to change this policy began six years ago and, We all want what is best for the safety of
for what a just and fair system looks like? through collaboration, reform was achieved. our society and the welfare of our children.
Population drives everything in juvenile Not only was stress on the police alleviated Balancing these two sometimes conflicting
detention. The more residents, the harder by simplifying the booking process, we have goals is hard but meaningful work. It has
it is for staff to manage them; the fewer the also protected children by keeping them been a fascinating, and sometimes stressful,
residents, the easier it is to make changes out of the county jail. And because of this six years and I am grateful that I’ve had the
that staff can implement. Consequently, collaboration, we have created a level of opportunity to serve in this way.
reducing our detention population has been trust so that they are open to other measures
a major focus for the court. such as diverting family conflict arrests away
In our efforts to reduce detention from the detention center. Hon. Kristin W. Sweeney is the Administrative
population we have encountered resistance We are also working toward safe, fair Judge for the Cuyahoga County Juvenile Court.
not only from the police but also from and effective use of room confinement for She has been a member of the CMBA since
the ACLU and the public defender’s youth who pose an immediate safety threat. 2005 and a CMBF Fellow since 2011. She can
office. These groups have very different Personally, I have been startled by how some be reached at (216) 443-8411.

SEPTEMBER 2019 CLEVELAND METROPOLITAN BAR JOURNAL | 41