The courtroom was largely silent on the fourth floor of the Newark City Building the morning of Wednesday, May 7. Papers ruffled and people chattered outside the room. A few members of the press sat, spread out across the wooden benches in front of Magistrate Teresa Liston.
Liston spoke with the court clerk to her right about the case she was about to hear. This was HOME Court’s second attempt at hearing the case of Bobby Kelley, a Newark man charged with criminal trespassing after taking shelter in a condemned building.
The new court, Housing Opportunities through Municipal Engagement, was created in the wake of Newark and Heath’s public camping ordinances. The court will hear cases from across the county when the defendant is unhoused and facing a misdemeanor. Its main goal is to connect unhoused people with the proper services to help them get back on their feet – resources like housing providers, local nonprofits and churches.
Read more: Newark Council unveils plans for HOME Court diversion program in wake of public camping ordinance
This court serves as an alternative option to the standard criminal justice system and participation is not mandatory. The alternative is the standard fines or jail time for convicted defendants.
On April 23, HOME Court had its “soft launch” where it was set to hear Kelley’s case. However, Kelley’s attorney, Philip Proctor, had not been able to notify him of the change in court date as the case transitioned from criminal court to HOME Court. Liston adjourned the hearing until May 7, at no fault to Kelley as he had not been properly notified.
On the 7th, Kelley appeared in court. He walked down the aisle of the courtroom after making his way through the crowd of service providers outside. For the first time, he sat across from Liston. Liston addressed both attorneys and Kelley, detailing how the proceedings would go.
First, Kelley would exit the courtroom with both attorneys to review the rules and regulations of participation in HOME court. These rules were not divulged in the public hearing.
HOME Court open house
Previously, HOME Court had hosted an open house on April 25 to help educate the people of Licking County on how the alternative court would function and its primary goals. The people behind HOME Court assert that it is a possible solution in the county to help people who are unhoused. They are aware that not everyone will want to participate in court, but that will not stop them from trying.
Tricia Moore, Newark’s Law Director, is the one who created HOME Court.
She, Liston and countless others stood before a crowd seated in Saint Vincent Haven during the April open house.
Liston addressed the extra soft launch of HOME Court on April 23, and said she expected to have this sort of issue occur quite frequently. Many of the people involved in HOME Court could be harder to reach, she said, due to their housing status.
At this time, Tricia Moore announced that they had lost contact with Bobby Kelley. She expressed that the officials of HOME Court would be turning to the community – those who work directly with Licking County’s unhoused population – for help in such circumstances.
“We need eyes and ears out on the street, because, like Liston said, we’re not out there, so we’re not watching,” Moore said. “You are on the front lines of this war. We are just trying to catch the people, help them avoid convictions, help them become functioning members of society, restore some dignity, get them on their feet, let them know that we’re really more of a cheering squad than anything else.”
“Tricia will tell you, I am known as a very strict jurist,” Liston said during the open house. “I believe in accountability, but I believe in principled accountability, but this idea, this will work. I’m trying. I cannot tell you how strongly I believe it, and it’s an educated belief. And I’m asking you give this a shot. Give this everything you can give it. Keep an open mind about it. Please.”
Liston and Moore will continue to spearhead the county’s approach to HOME Court for another year, until Liston is replaced by another magistrate.
Donna Gibson, the director of Holy Trinity Lutheran’s Community Drop-In center, expressed concern about the initiative as a whole.
While Gibson hopes they are able to pull it off and help members of the community, she feels as though the system has missing pieces.
When asked how she felt about being the eyes and ears of the court, she stated that she would talk to the defendant if she knew them, but it would ultimately be left up to them.
“How can I best help you? Would this be a better outcome?” asked Gibson. “If they say no, that is their right.”
Moore said that in circumstances such as these, when the court cannot make contact with the defendant, a warrant will be issued.
The need for a warrant never arrived for Kelley.
HOME Court’s first hearing
Kelley returned to the courtroom after listening to the rules. He expressed that he understood the rules and regulations of his participation and signed to go through the process of HOME Court.
Kelley said that he currently lives with his nephew and is not living on the streets. Liston requested a letter signed by his nephew stating that he is allowing Kelley to live with him.
“All right, we’re gonna check into this and get the situation kind of better understood,” Liston said. “We want to make sure you’ve got a good, safe place to go to every night to sleep. Okay, that’s what we’re here for.”
Kelley, by order of the court, will now be working on acquiring his driver’s license and his birth certificate through working with United Way and Licking County Coalition of Care. He will also be required to establish medical care at Lower Lights Christian Health Center, which will include counseling services.
Due to Kelley currently staying with his nephew, he does not have any interest in entering a shelter. Kelley is set to reappear in court on May 21.
At the hearing, service providers from Licking Memorial Hospital, the county health department, Light House Behavioral Health Solutions, BrightView Newark North Addiction Treatment Center, Licking County Coalition for Housing, the Licking County Coalition of Care, St. Vincent de Paul and the Holy Trinity Lutheran Church Drop-In, among others, were there to provide support for Kelley – or anyone else who participates in HOME court moving forward.
“I really want to see this all the way through,” said Walter Kush, Kelley’s friend who accompanied him to court. “It’s just kind of like a patch or a remedy or another way out when really, the real truth of the case is not even being litigated. I don’t want Bobby to be in any trouble, so he’s been given some options.”
The whole idea of HOME Court is about providing options to people who are unhoused and facing misdemeanors. Instead of pushing more challenges on them through jail time or fines, the court is supposed to lift them onto a different track. Time will tell if the new system can actually do such.
Andrew Theophilus writes for TheReportingProject.org, the nonprofit news organization of Denison University’s Journalism program, which is supported by generous donations from readers. Sign up for The Reporting Project newsletter here.