Five Years of Fighting

Why does our society tolerate injustice?

It’s a simple question and one that remains unanswered as 2020 comes to a close. It was a ruthlessly unfair year for so many people in so many ways.

No one expected this debilitating pandemic. We also couldn’t have anticipated a widespread social justice movement fueled by the deaths of still more Black people at the hands of police.

Like nearly everyone, Just City had to adapt to the realities of 2020, and that didn’t mean slowing down. In March, we launched a COVID response bailout that has freed hundreds of people from jails where the virus thrives. We’ve also recently grown our team, moved into new office space, and expanded our focus areas, which you’ll read about in this report.

This year marks five years of fighting for justice in Memphis. While we’ve certainly had some success in very difficult circumstances, there hasn’t been much room for celebration. We’re proud of the progress we’ve made, but we also see many challenges ahead of us. That’s where you come in. We need your support so we can eliminate more barriers to justice in our community.

We don’t have all the answers, but we do know that giving up is not an option. If we tolerate injustice, it will creep ever deeper into our community. At Just City, we’ve been relentless in our fight against injustice, but we can’t continue without your help. We see meaningful reform and fairness for all in our future, and it’s a future worth fighting for.

Josh Spickler
Executive Director

Our work

CLEARING CRIMINAL RECORDS

If you have a criminal record, no matter how old or minor, it’s nearly impossible to live a normal life. The right to vote, access to housing and employment, custody of children, and even international travel can all be severely restricted.

The Just City Clean Slate Fund gives people with a criminal record a second chance at basic social opportunities. This process is called expungement. We help people determine whether they qualify, help them understand the process, navigate it with them, and pay the expungement fee. We’ve made progress; last year the state eliminated its expungement fee, but cost isn’t the only barrier. The entire process is unnecessarily complex and difficult to understand. It is designed to keep people in the criminal legal system for life.

THE SYSTEMIC PROBLEM

EXPUNGEMENT IS FAR TOO DIFFICULT

The cost, the confusing qualifications, and the complicated process work together to create a system in which only a fraction of people in need of expungement are actually able to clear their record. Complicated and narrow policies like these suppress our workforce and stifle communities.

WHAT WE’VE DONE

In 2019, we worked directly with the Governor’s office and members of the Tennessee General Assembly to eliminate the state expungement fee. A $100 local fee is still required.

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To date, we’ve helped clear hundreds of criminal records through our Clean Slate Fund.

HOW WE CAN CHANGE IT FOR GOOD

Eliminate all fees associated with expungement, including disqualifying court costs

Reduce the minimum waiting period for expungement

Include more eligible offenses

Update the application and filing system

Make some expungements automatic

OUR WORK

ELIMINATING BAIL

When someone is arrested and accused of a crime, a bond amount is usually set; it is intended to guarantee their appearance in court. If that bond is not paid, they stay in jail until the resolution of the case. That period of pretrial detention can last for weeks, months, or even years and can be more devastating than any sentence that may result from the charges.
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The Memphis Community Bail Fund helps prevent some of that unnecessary imprisonment and limit its destructive impact on families and the community by paying bail amounts of $5,000 or less for people who cannot afford it.
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Our bail fund clients return more quickly to their jobs, families, and schools. In fact, more than 60% of them have had their charges dropped completely and are eligible to have all record of the charges erased. Research also suggests that they are at lower risk for recidivism.

We are part of a robust national network of community bail funds. But ultimately, bail funds are not part of the solution. Pretrial detention should have nothing to do with wealth, and we are committed to a future that does not include bail funds or money bail in any form.

THE SYSTEMIC PROBLEM

MONEY BAIL PUNISHES THE POOR

Too often, people are held in custody simply because they can’t afford their freedom. The money bail system drives jail populations higher and forces presumptively innocent people to prepare a defense while behind bars.

People who remain in detention, even for a few days, risk losing their jobs, their homes, custody of their children, and more. Evidence also suggests that people are at a higher risk of returning to the criminal legal system when they spend time in pretrial detention. This generates significant long-term costs and harms our community as a whole.

WHAT WE’VE DONE

In 2019, we worked directly with the Governor’s office and members of the Tennessee General Assembly to eliminate the state expungement fee. A $100 local fee is still required.

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500

Bails posted by the Memphis Community Bail Fund.

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91%

Percentage of bail fund clients who returned to court.

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COVID-19

Jails and prisons are hotspots for infectious diseases. In 2020, we rapidly and significantly increased our bail fund support to help get people out of jail and limit their exposure to the virus and reduce its spread.

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$1,000,000

In October 2020 we spent our millionth dollar on bail. This was the price of freedom for 434 people over 5 years.

HOW WE CAN CHANGE IT FOR GOOD

Eliminate money bail for misdemeanors locally

Completely replace wealth-based pretrial detention in Shelby County

Abolish money bail at the state level

Our work

WATCHING (IN)JUSTICE

Public access to courts is guaranteed by the Constitution. People have the right to observe court cases in all Shelby County courthouses. But courts don’t feel accessible, and citizen observers are not always welcome unless they are involved in a proceeding.

Just City Court Watch offers an opportunity for members of the public to visit Shelby County criminal courtrooms and see what’s really happening. Volunteers are trained in what to expect, what to look for, and how to respond if they get push-back from court personnel. The program encourages transparency, accountability, and community participation in the work of criminal justice reform.

OBSERVATIONS BY JUST CITY COURT WATCHERS

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One Shelby County Judge continually questions Just City volunteers and the very concept of Court Watch. She often sends Sheriff’s deputies to question court watchers about why they are in the courtroom.

A Shelby County Prosecutor identified himself to court watchers and expressed his gratitude for the watchers’ presence. He thanked them for their services and offered to answer any questions.

Twice in one month, court watchers were told they could not observe in a Judge’s courtroom due to lack of space. In both instances, there was plenty of open seating in the courtroom.

THE SYSTEMIC PROBLEM

OUR JUSTICE SYSTEM LACKS PUBLIC VISIBILITY

In most criminal cases, very few people witness what happens inside a courtroom aside from the judge, those directly involved in the case, and counsel for the parties. But the court system is taxpayer-funded, and public access to courts is a fundamental right.

That’s why we invite members of the community into courtrooms to observe and take notes on the decisions, behavior, and temperament of judges, attorneys, prosecutors, victims, and those accused of crimes. The intent of the program is not to catch anyone doing something wrong or embarrass them, but instead to shed light on court proceedings and hold all parties involved accountable.

A SINGLE SHELBY COUNTY JUDGE
ADDRESSING ACCUSED PEOPLE:

“If you relapse, I care nothing, you get no grace from me. If you relapse, or get back on drugs in any way, I want you in a cage”.

“We’re building prisons as fast as we can for people like you.”

“What else am I going to do besides lock you in a cage to make you behave?”

WHAT WE’VE DONE

100

Trained watchers, who are ready to observe and take notes in Shelby County courtrooms.

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Law students who have participated in the Court Watch program from the University of Memphis School of Law and the Vanderbilt University Law School.

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Local high school students who have participated in the Court Watch program.

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1,000

Total cases watched.

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200

Hours of court watched.

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Individual judges watched.

HOW WE CAN CHANGE IT FOR GOOD

Even though open courts are foundational to a democratic society, the criminal legal system operates largely outside of public view. We believe Court Watch is a good first-step in shedding light on that system. A more transparent system is much more likely to be held accountable.

Court Watch also helps educate the community ahead of criminal justice system elections, which typically suffer from low voter turnout and a lack of meaningful information about the candidates.

OUR WORK

CHANGING THE LAW

The fight for a smaller, fairer, and more humane criminal justice system is the core of our work. And while clearing criminal records and paying bail are necessary and valuable, they are short-term tactics that we hope will lead to substantial and meaningful reform.

In order to limit the impact of contact with the criminal legal system, we actively pursue legislative and policy reforms that reduce or remove barriers to justice. Very often, this means lowering or eliminating financial hurdles.

THE SYSTEMIC PROBLEM

OUR JUSTICE SYSTEM LACKS PUBLIC VISIBILITY

The criminal legal system is a blunt instrument. In many communities, including ours, it overshadows nearly everything. When it comes to social and economic issues, the policy answer is often more punishment, more surveillance, more monitoring.

This is one reason that changing the law is so difficult: Conversations about the criminal legal system often lack nuance. Citizens and legislators group “criminals” into a single category, even when justice and restoration should be the focus instead of the nature of the crime.

Proposed changes that limit the reach and impact of our bloated criminal code result in immediate pushback from legislators, judges, and municipalities. Often, the racial makeup of community officials and legislators does not match that of the population most impacted — especially its incarcerated population. That is true of Memphis, and it is true of many majority Black cities.

HERE’S WHAT WE’VE DONE

Proposed and supported successful bipartisan legislation (see next section for examples).
Raised public awareness of damaging legislative proposals and alternative solutions with earned media and targeted local and statewide communication.
Supported lawmakers from both parties with testimony and other information relevant to proposed criminal justice legislation.

HERE’S WHAT NEEDS TO HAPPEN

Increase public understanding of long term impact of criminal justice legislation.
Support policy makers and legislative representatives that reflect the opinions of our community and support a more sensible justice system that keeps us safe and costs less.
Significantly decrease the scope of the criminal code and limit the impact of incarceration and retributive sentences.

LEGISLATIVE SUCCESSES IN TENNESSEE

LAWS JUST CITY HAS PROPOSED, CO-SPONSORED, OR ACTIVELY SUPPORTED.

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2017

REDUCTION IN CONVICTION EXPUNGEMENT FEE SB1245/HB418

Reduced the expungement fee for criminal convictions from $350 to $180.

EXPANDED ELIGIBILITY FOR EXPUNGEMENT SB800/HB873

Allows for the expungement of up to two qualifying offenses from a person’s record, an increase from one offense.

JUVENILE EXPUNGEMENTS SB1244/HB577 & SB1243/HB578

Requires juvenile courts to inform people when their records are eligible to be expunged and reduces the age at which a person can apply for expungement of minor records from 18 to 17.

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2018

REDUCTION IN DIVERSION EXPUNGEMENT FEE SB2626/HB1862

Reduced the expungement fee from $350 to $180 for a person whose charge was dismissed after successful completion of a pretrial diversion program.

SAFEKEEPING REFORM SB1575/HB2106

After unanimous approval by the Tennessee General Assembly, Governor Haslam signs a bill into law that prohibits the transfer of children to adult prisons for “safekeeping” purposes.

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2019

ELIMINATION OF STATE EXPUNGEMENT FEE SB797/HB941

After being included in the Governor’s State of the State address and initial budget proposal, the House and Senate unanimously approved the elimination of the $180 state expungement fee.

EXPUNGEMENT ELIGIBILITY NOTIFICATION SB778/HB266

Requires a judge to notify a person convicted of a misdemeanor eligible for expungement of their eligibility and the time period after which the person can petition for expungement.

CITATION IN LIEU OF ARREST SB587/HB715

Broadens and encourages the use of citations in lieu of physical arrest and limits arrest to instances where failure to appear is likely or prosecution would be jeopardized without arrest.

OUR WORK

SEEKING JUSTICE IN A PANDEMIC

We did not anticipate writing our five-year report amidst overlapping national health, racial, and economic crises. As the COVID-19 pandemic continues to impact the lives of people across the country, it is disproportionately destructive for people who are incarcerated.

State and local governments have not addressed the extremely elevated health risk this virus poses to people in jails and prisons and their surrounding communities. Case rates among people in jails and prisons are more than four times as high as those of the general public, and the death rate is more than twice as high.

We responded aggressively to the risk. Since March, we have paid bail for nearly 300 people at a cost of more than $650,000. Each of those people were able to return home and protect themselves much more readily from this virus. We also joined a strong coalition of advocacy organizations and law firms to sue for the release of disabled and medically vulnerable people from the Shelby County Jail during COVID-19. That lawsuit is ongoing but has resulted in safer conditions in the jail.

SINCE MARCH 1, 2020
‍286 PEOPLE FREED FROM JAIL
‍$665,266 DOLLARS WE’VE PAID IN BAIL

THE SYSTEMIC PROBLEM

THOUSANDS OF BLACK MEN, WOMEN, AND CHILDREN ARE BEING UNNECESSARILY DETAINED DURING A PANDEMIC.

Jails and prisons are COVID-19 hotspots. People coming in and out of detention facilities — staff and the people being detained — are members of our community. Jails have rapid turnover, with people coming and going daily. This sort of congregate environment is one in which COVID-19 thrives.

Hundreds of people remain in jail because they cannot buy their freedom. Jury trials are suspended indefinitely, and prosecutors and judges have merely accelerated the guilty plea process rather than detaining fewer people. It’s no wonder that at one point 72% of 266 people tested in the Shelby County jail tested positive for COVID-19 — including 155 detainees and 37 personnel.

But the most significant issue is that Black men are far and away punished the most by the arrival of this virus. This segment of our community is disproportionately targeted, apprehended, and incarcerated by law enforcement and the criminal legal system.
Now, their lives are even more at risk. And until the lives of Black people matter to the people who make and enforce the laws, nothing will change.

WHAT WE’VE DONE

Initiated a COVID-19 Bailout - we’ve raised hundreds of thousands of dollars and doubled our capacity to bail people out of jail.
Filed a Federal class action lawsuit against the Shelby County Sheriff to protect and release disabled and medically vulnerable people in our jail.

HOW WE CAN CHANGE IT FOR GOOD

While a federal judge hasn’t granted release, she has said “things need to change still.” We are hopeful the lawsuit will continue to bring change and additional protections for people in the Shelby County jail.
We all need to actively fight against racial injustice until the systems in place are fair, equitable, and representative of a just society.

THE JUST CITY MISSION

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To transform local criminal justice policy and practice to ensure it is fair for all people regardless of wealth, race, or ethnicity.

JOIN THE FIGHT.

We need the energy and support of people who know the importance of a smaller, fairer, and more humane criminal justice system. People like you. Here’s how you can help:

DONATE

OR MAIL YOUR GIFT TO:

P.O. Box 41852 Memphis, TN 38174

Give online today at justcity.org/give

SPREAD THE WORD

@justcity901

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LISTEN

Listen to the Just City podcast The Permanent Record wherever you get your podcasts.

Photography by Brandon Dill