Community Court is a calendar of the Seattle Municipal Court wherein defendants who commit diversion eligible offenses are permitted to plead guilty and are sentenced to community service and social service referrals in lieu of short jail sentences.

2. When and where do the calendars occur?

Community Court calendars take place in Courtroom 1003 before JudgeMamiya on Tuesday, Wednesday, and Thursday at 1:30 p.m.

3. How are candidates for Community Court screened?

The ICA filing attorney or attorneys doing out of custody filings screen defendants for eligibility for community court consideration. A defendant may be offered a community court recommendation if:

• The defendant’s most serious charge is a diversion eligible offense or is Park Trespass.
• The defendant is not eligible for diversion on the current offenses;
• The defendant has not had more than two prior community court adjudications;
• The defendant does not present an active risk to public safety.

If a defendant meets all of these criteria, both a standard recommendation and a community court recommendation is made in the case. The filing attorneys will fill out a special Community Court rec. form if a community court offer is made.

4. What are the diversion eligible offenses?

Those offenses are:

6. What if a defendant is eligible for diversion (i.e. has no prior convictions)

These defendants are generally not dealt with in community court unless they have significant social service needs when they screened for diversion. Those who do appear on the community court calendar. Those who do not are dealt with through the probation department.

7. How many times can a defendant go through community court?

Three strikes and you are out.

8. What if a defendant appears to be a current public safety risk?

These defendants are excluded. Filing attorneys exercise their discretion in determining whether a defendant is a public safety risk based on criminal history and the nature of recent offenses.

11. How is the specific community court recommendation determined?

Recommendations for community court are guided by the following sentencing grid based on how many adjudications a defendant has had in community court and whether the offense is a gross misdemeanor or misdemeanor:

Other sentences are possible for defendants who present risk for failure or may need a greater incentive to succeed.

12. How was the sentencing grid arrived at?

The grid was arrived at through the work of a community advisory group that included community members, the court, social service agency representatives, the police, the public defenders, and us.

13. What happens at ICA or intake?

An eligible defendant will receive both a community court recommendation and a standard recommendation. If a defendant wants to be considered for community court, the case will be continued to the next available community calendar. Plea paperwork will be filled out and retained by ACA, but the actual plea will not be taken.

14. What if a defense attorney at ICA argues that a defendant should be eligible for community court, wants to opt into community court, or is eligible for community court and the ICA filing attorney has not offered it?

The City Attorney’s Office is the gatekeeper of who gets into community court. Thus, the defense attorney’s desires or opinions should carry no weight at ICA.

If a defense attorney feels a defendant should be admitted to community court, they may appeal to ACA Director Dave Chapman who will share this information with the City Attorneyu’s Office.

Under no circumstances should an ICA be continued and the defendant released so that such an appeal can be made.

15. What if a defense attorney at a regular pretrial hearing argues that a defendant should be eligible for community court, wants to opt into community court, or is eligible for community court at a pretrial hearing?

The same appeal rules apply but need to occur well before the pretrial so that a decision can be made.

16. What happens at the community court calendar?

Prior to the calendar, the court monitor interviews the defendant to assess what social service referrals may be appropriate in the case to help prevent the defendant’s return through the criminal justice system. The monitor will fill out a form recommending such referrals to the court and will always recommend referral to the SMC Court Resources Center on the second floor of the Justice Center.

If the defendant decides to plead guilty to the community court rec., his plea is entered on the record, the judge sentences the defendant consistent with our offer, and adds any social service referrals deemed appropriate. If the defendant decides not to opt into community court, he may enter a regular guilty plea or have the case continued to a regular pretrial.

17. How long does the court maintain jurisdiction and what happens if the defendant succeeds or fails?

Jurisdiction typically is set for 30 days or less. If a defendant does his community service and makes his social service referrals, his case is closed. If he fails to do either one, a warrant is issued and he does the alternative jail sentence. Any defendant arrested and appearing at ICA should get his alternative jail sentence. If he wants to contest his violation, the matter is be continued to the next available community court calendar and he should be held in custody.

18. What if a defense attorney pleads a client guilty on a regular calendar and argues that a community court type sentence is appropriate?

You should argue our standard recommendation to the court. Our community court recs represent a substantial reduction from what our normal recommendation is and is arguably less than the defendant deserves given his history. We are willing to pilot this approach in the hopes that a swift and certain outcome coupled with community service and social service referrals may result in less frequent involvement with the criminal justice system.

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