1 1 2 3 4 5 6 SPEECH GIVEN BY ATTORNEY GENERAL JANET RENO 7 8 9 10 11 12 13 14 15 Cleveland, Ohio 16 Monday, September 30, 1996 17 18 Speech given by ATTORNEY GENERAL JANET 19 RENO taken at the City Club, 850 Euclid Avenue, 20 Cleveland, Ohio, at 12:30 o'clock p.m., on 21 Monday, September 30, 1996, and the proceedings 22 being taken down by Stenotype by LORRAINE J. 23 KLODNICK, RMR-CRR, and transcribed under her 24 direction. 25 2 1 ATTORNEY GENERAL RENO: Thank you, 2 Cleveland, for having me here today to tell you 3 what a wonderful city you have. I think this is 4 my fourth time here in three and a half years as 5 Attorney General. I had a chance to see the 6 waterfront, to see the flats, to see the new 7 stadium. It is an exciting city and it reminds 8 me of the city I come from 1,500 miles away, a 9 city I love, a city that has a sense of 10 community in many diverse ways and the city that 11 I think is an example to me and a reminder to me 12 of how important community efforts are. 13 Let's look a little bit at history. I 14 think so much of our world focused on our 15 communities up until the depression and with the 16 depression we began to look to Washington to 17 solve our problems. World War II followed and 18 we looked with ever increasing regularity to 19 Washington to solve our problems. We looked to 20 Washington in the 50's and the 60's to ensure 21 civil rights for all Americans. In the 70's we 22 looked to Washington for money. In the 80's 23 Washington began to shift programs to the 24 states, but without the dollars and the states 25 shifted programs to communities without the 3 1 dollars. 2 And then judging from my experience and 3 from what I have heard of your work in 4 Cleveland, communities with their backs up 5 against the wall became bold and innovative and 6 creative. Doctors reached out to work with 7 lawyers, public servants reached out to the 8 private sector and people joined together to see 9 how they could rebuild the fabric of community 10 in cities and towns across this nation. 11 As a consequence, it has been a 12 wonderful experience for me in these three and a 13 half years to see cities like Cleveland, to see 14 smaller communities, or even just a neighborhood 15 as it has galvanized itself into action, as it 16 has harnessed the energy and the dynamic 17 qualities of its citizens to make a difference 18 in crime and the economy and the condition of 19 the people of that neighborhood. It has done so 20 with volunteers, it has done so with dedicated 21 public servants, it has done so with enlightened 22 businessmen and women who understand the need to 23 invest in community. 24 What is the Justice Department's role 25 in this? I never liked the Feds coming to town 4 1 telling us what to do. I always wished they 2 would come to town and say how can we work with 3 you, how can we build a partnership. That is 4 what I have been dedicated to doing in these 5 three and a half years, figuring out how I can 6 work with local communities who understand their 7 needs and resources better than we do, how we 8 can provide what dollars we have, what expertise 9 we may have, what resources we may have in a way 10 that complements the local community. 11 In so doing, I have had a chance to 12 work more closely with many communities that are 13 very successful and I see emerging a pattern. 14 And I'd like to talk to you a little bit about 15 what I see as the end result of this pattern. 16 Community justice. 17 Your chief justice, Chief Justice 18 Moyer, has been chairman of the state chief 19 justice's conference and it's been my privilege 20 to work with him in this past year. And we have 21 focused on what we might do together, the 22 conference and the Department of Justice, 23 working with courts throughout the land to 24 create a concept of community justice with 25 community courts. 5 1 Let me tell you how I came to think in 2 those concepts. Everyone has in these last 3 three or four years heard about community 4 policing. There are more community police in 5 this country today on the streets working with 6 citizens and it seems to be working, but it is 7 working because it puts people first. The 8 community police officer knows the residents of 9 his or her neighborhood. They know the 10 problems. They understand the priorities. They 11 involve the citizens and enforcement and in 12 telling the police what should be done and what 13 shouldn't be done in terms of the resources and 14 the priorities of that community. 15 It is fascinating to look out in a 16 community policing neighborhood and see 17 community police officers who reached out to 18 young people, not to create conflict or to 19 create antagonism, but to build a sense of trust 20 and a sense of respect. It is a wonderful 21 experience to stand in the great hall of the 22 Department of Justice and have two young men who 23 were on their way to a real life of delinquency 24 stand up and say, Mr. President, these two guys, 25 pointing to two community police officers, are 6 1 what have kept me out of trouble and gotten me 2 off to a fresh start. 3 It is wonderful to hear a 4 representative of the state police in Michigan 5 describe how when I first came to Detroit he 6 said, Ms. Reno, you couldn't have gone into that 7 neighborhood and we wouldn't take you, but now 8 police have worked with the citizens and the 9 citizens are now unafraid and they will come out 10 from behind their doors. They will come to the 11 community center. They will work with us. Now 12 what they're interested in is doing something 13 about the graffiti, doing something about the 14 overgrown lots, doing something that makes a 15 difference for the community as a whole. 16 It is a wonderful experience to watch a 17 community police officer work with parks and 18 recreation specialists, work with the school 19 teacher in identifying the truant and taking 20 steps to get that kid back into school, not just 21 for that day, but on a continuing basis. 22 It is community at its best when it 23 works right and at the heart of it are the 24 people. Not people who are just a number on a 25 case report, not just people who are a number in 7 1 a court as a victim, but people who are involved 2 in the basic sense of the democracy in working 3 with the authority of government to address the 4 real problems. 5 And so it didn't surprise me to go to 6 Boston to an area that had faced high crime and 7 find that they carried the concept a step 8 further. Community police officers were working 9 with community probation officers to identify 10 those coming back on probation or those 11 youngsters who were on probation and riding 12 together to make home visits, to make sure these 13 probationers were abiding by the conditions of 14 their probation, but more than that, giving them 15 a pat on the back and giving them support and 16 giving them encouragement. 17 As a consequence, the figures in Boston 18 show that there was a lot greater compliance 19 with the terms and conditions of probation and a 20 reduction in recidivism amongst these 21 probationers. But the police officers and the 22 probation officers, now that they were focused 23 on a person, not just a number, not just a case, 24 were also looking at that person as a whole 25 person. What does that youngster need? That 8 1 youngster needs to know what it's like to get a 2 job and how to get a job. How to interview. 3 How to get to work on time. How to take 4 directions. How to learn on the work site so 5 that they can have other opportunities. 6 And the police and the probation 7 officers reached out to the private sector, to 8 the John Hancock Insurance Company and to 9 others, and developed not just a program for how 10 you get work and how you keep work, but a 11 program that then gave them a work opportunity 12 to put their learning to practice. 13 When you see the concept of community 14 police officers, community probation officers 15 working with the private sector in these 16 efforts, you begin to understand the tremendous 17 potential behind the community. But then to 18 turn around and to see churches involved in this 19 effort, to see ministers and their wives and 20 their parishioners working with young people, 21 working with the elderly, working together with 22 police officers in a setting where people came 23 first, you understand what community can mean. 24 So then it's not surprising that 25 prosecutors are starting to look at community 9 1 prosecution. I had an office of 230 lawyers. 2 My jurisdiction was 50 miles in length. It was 3 a huge jurisdiction and my first reaction was we 4 can't have community prosecutors, we don't have 5 enough resources. But I watch people around the 6 country experimenting with community 7 prosecution. If you put a prosecutor in a 8 community so that he or she understands what's 9 important in that community, that that case of 10 graffiti is not just a minor case, but it goes 11 to the quality of life and the circumstances of 12 that community. It can make such an incredible 13 difference. And so the prosecutor in Portland, 14 Oregon, is developing this concept as are others 15 and it is making a difference. 16 So we look forward to working with the 17 Chief Justice's conference, working with courts 18 across the land to see what we can do working 19 together to develop the concept of community 20 courts. 21 Now, in so many communities the court 22 is distant. It is downtown and removed from 23 suburbs. It is downtown and two bus transfers 24 across town from an area with a large crime 25 problem. People say the judge doesn't 10 1 understand what my problems are here. He 2 doesn't understand the impact of crime on this 3 community. How can I get him to hear about it? 4 What we did at home was sometimes put the 5 neighbors on the bus and take them up to the 6 court, but it was a 40 mile bus trip. Better 7 that we have community courts in situations 8 where it is appropriate. 9 Midtown Manhattan, of all places, is a 10 place that has established a community court 11 that could be a model, but it does not have to 12 be the only model for how we might generate 13 community justice in neighborhood based 14 community courts. Let me just describe to you 15 how we might go about it. 16 Identify a jurisdiction with the 17 significant problem of the amount of domestic 18 violence, significant delinquency, other quality 19 of life issues, identify a jurisdiction large 20 enough to create a case load that would be the 21 equivalent of one judge's case load. I'm not 22 talking about new dollars, though that helps. 23 I'm talking about taking the resources we have 24 and trying to blend them together in a way that 25 puts people first. 11 1 I think what upsets America, what 2 frustrates America and what undermines the 3 confidence of some of our citizens is that they 4 feel they are so nameless, so faceless and if we 5 give them an identity in our judicial system so 6 that they can be heard when appropriate, I think 7 it can make a difference. When citizens can 8 feel that justice is done it makes such a 9 difference. 10 In the crime crisis in Miami in the 11 early 80's our office was overwhelmed. 12 Volunteers came forward to help. Most of them 13 were very supportive, but I noted one was a bit 14 sceptical. At the end of the year I took them 15 all out to lunch and the sceptical one said, I 16 came because I believe that the justice system 17 didn't work and the judges were too lenient and 18 you all did things wrong, but she said your 19 prosecutor let me sit in as I volunteered on 20 every court hearing and every conference in the 21 judge's chambers and of all the situations I saw 22 in this past year I only disagreed with one. 23 When people can become involved in the system, 24 they can have confidence in the system. 25 One of the frustrations for any judge 12 1 is to have a case load so large and so diverse 2 throughout a jurisdiction that he or she cannot 3 follow the defendant and cannot know regularly 4 what is happening to that defendant in terms of 5 complying with the terms and conditions of 6 probation or community service or restitution. 7 A community court appropriately 8 structured would leave that person in the 9 neighborhood so that the judge could understand 10 from the community police officer and the 11 community probation officer that there was 12 compliance and when there wasn't compliance that 13 matter could be set immediately upon the judge's 14 calendar. 15 A judge can be a marvelous force in the 16 community and can't you imagine with the judge 17 identifying the needs and resources of the 18 community that he or she serves what one court 19 can do in terms of mobilizing residents, 20 mobilizing social service deliverers, the 21 teachers, the parks and recreations specialists, 22 the activists in the neighborhood, the young 23 people to make a difference. 24 One of the really critical parts of a 25 community court would emphasize paying back to 13 1 the community, paying back the victim, making 2 people whole or as whole as they can be after 3 they have been a victim of a crime. Victims too 4 often feel they are the forgotten person in the 5 criminal justice system. They can't afford to 6 go downtown to be heard even though the judge 7 would give them the opportunity to be heard. 8 They can't afford to leave their job to go be 9 heard, to let the judge and everyone know the 10 impact of the crime or what was due in 11 restitution. 12 If we developed a community setting, 13 victims I think can then have their day in court 14 and no longer be forgotten by the system. A 15 community court would give the court the 16 opportunity to look at the family as a whole. 17 In one instance you may have truancy here, child 18 abuse in the same family, drug abuse on the part 19 of the parent, domestic violence and delinquency 20 on the part of a 17 year old brother. Too often 21 these pieces are seen separate and apart by 22 different people never looking at the whole, 23 never looking at what we can do to restore that 24 family to wholeness, never looking at what we 25 can do together in a community, to reweave the 14 1 fabric of community around these children and 2 families at risk. 3 The court can take different forms. It 4 can pursue different initiatives. In 1978 our 5 medical examiner in Dade County asked me to come 6 study why people had been killed in the county 7 in the last 20 years. We did a study with 8 University of Miami interns and determined that 9 40 percent of the homicides in that county in 10 the past 20 years were related to domestic 11 violence: Husband and wife, boyfriend and 12 girlfriend, ex-spouse. 13 We developed a domestic intervention 14 program and I am just so heartened to see 15 communities across this nation, and I look 16 forward this afternoon, to seeing how the 17 community of Cleveland is galvanized or focused 18 on the problem of domestic violence. But key to 19 this is a court that understands how important a 20 domestic violence case is, how important it is 21 not just a fashioned punishment to suit the 22 crime, but fashion the solutions that cause the 23 domestic violence in the first place. 24 Again, if we are in a community 25 setting, that community police officer trained 15 1 in reacting to domestic violence can be the 2 marvelous eyes and ears of a court that can 3 supervise and if we can generate resources to 4 bring to that community domestic violence 5 counselors who are skilled in dealing with the 6 problem, we can do so much more than we do now 7 in so many instances where our efforts are so 8 fragmented. 9 Drug courts are another example. I was 10 frustrated to see people get probation, have 11 probation officers with case loads so huge they 12 could never focus on the young person who was 13 the first offender charged with possession of a 14 small amount of drugs. If we developed a drug 15 court with the judge being key to the court, the 16 person would have to come back before the court 17 on a regular basis for the first two weeks and 18 then continue to report to the court on a 19 regular basis. Again, if that court had the 20 setting of a community court it could make a 21 difference, particularly if that judge could 22 also focus other issues that were coming before 23 other courts that affected that youngster and 24 that youngster's family. 25 People say, Janet, it sounds fine, but 16 1 will it work? It is at the heart of what we 2 talk about. It is at the heart of justice. 3 Community justice is about doing justice by 4 emphasizing a problem solving orientation, a 5 focus on community and victim and an approach to 6 public safety that looks at the big picture. 7 I have this image of a hill in England 8 in about 1200 when people first started 9 tinkering with something that came to be called 10 the jury system. They probably had a dispute as 11 to who hit who first or who stole whose cow. 12 They didn't develop an elaborate system. They 13 just said, okay, you six, one, two, three, four, 14 five, six, come over here and decide this case. 15 Those jurors knew the people involved. Justice 16 was done and the very bedrock of our whole 17 system of law and justice in this country has 18 evolved from that. 19 We can take some lessons and go back to 20 that hill in England and focus on communities 21 like that hill in England and bringing people to 22 the courts and the courts to the people. But I 23 think that there are two essentials to this 24 effort. It will not be done without citizens 25 who volunteer. Pro bono is a wonderful word 17 1 that lawyers developed. I just wish they'd 2 learn how to say volunteer your services. But 3 lawyers and doctors and so many citizens want to 4 volunteer. Sometimes they don't know how. 5 If we in the community court setting 6 set up a structure to show everyone, whether it 7 be the Attorney General of the United States or 8 the doctor, how to volunteer -- I volunteer in a 9 public school in Washington on a regular basis. 10 Doctors want to volunteer, but they're afraid of 11 liability. 12 Let us set up structures and systems 13 where everyone can participate and can truly 14 make a difference. Let us realize the senior 15 citizens in a condominium complex ten miles 16 outside of town would love to volunteer if we 17 could set up a transportation system that made 18 it convenient for them. Let us understand that 19 they don't like bureaucracies and they don't 20 like a lot of red tape and let us develop 21 systems for volunteering that recognize the 22 wonderful work that volunteers do. 23 So many people suggest to me these days 24 that volunteering is passe. Both parents are 25 working, people are having to work two jobs, 18 1 there's a matter of billable hours. One thing I 2 would say to the law firms, let's stop worrying 3 so much about billable hours and let's figure 4 how we can work together to build communities 5 that can make a difference through volunteering 6 our services. 7 What is so important though is that we 8 must harness the tremendous energies of young 9 people. This summer I spoke to a classroom 10 called a presidential classroom and 300 high 11 school juniors and seniors come from around the 12 nation to hear from various people. I spoke 13 with them and then answered their questions. I 14 have now received two letters from young men in 15 that program saying I was so excited about your 16 thoughts about public service and volunteering. 17 What can I do as a senior in high school to make 18 a difference in my community? 19 There are young people throughout 20 Cleveland and this nation that want so to 21 contribute, so to make a difference and the more 22 we can develop programs that harness that 23 marvelous energy, that marvelous creativity, 24 that marvelous sense of I can do anything, the 25 better we all will be for it. 19 1 But as we harness the energy of 2 volunteers, one of the keys to our effort is 3 something to recognize, something exciting 4 happening in this nation. The people, whether 5 they be lawyers or school teachers or business 6 people, are learning how to resolve their 7 disputes: Young people without knives and guns 8 and fists and lawyers without trials and complex 9 costly litigation. 10 We've got to give to people of this 11 country the skills they need to resolve their 12 conflicts peacefully. Some people say you can't 13 teach that. When I went to Harvard Law School, 14 Roger Fisher was teaching me civil procedure and 15 I don't know that he started talking about 16 negotiation or getting to yes yet, but since 17 that time he and others I think have clearly 18 demonstrated to the legal profession that we can 19 do so much in terms of learning negotiation 20 skills and how to resolve disputes without 21 resorting to costly litigation. 22 If we can teach young people to read 23 and write and use computers, we ought to be able 24 to teach them how to resolve conflicts without 25 knives and guns and fists. The educational 20 1 community, the legal community, all of us must 2 learn these new skills and this new attitude. 3 The widespread interest in conflict 4 resolution and mediation is to me one of the 5 most exciting things seen in this country in the 6 last several years. I've got lawyers now who 7 want to mediate and negotiate and not go to 8 trial and that's very refreshing. Now, for the 9 trial lawyers in the room, I don't take a thing 10 away from the trial lawyers because you can't 11 negotiate well unless you know you can go in and 12 try that case. 13 But I sat with teachers who went to the 14 District of Columbia public schools this summer 15 at their own expense to learn how to work with 16 kids to resolve conflicts and I have seen kids 17 learning in school settings the same thing. Let 18 us apply the sense of community. Let us apply 19 the sense of giving. Let us apply the sense of 20 theory that if we try hard enough and 21 communicate together seriously enough we ought 22 to be able to resolve most of that which causes 23 us to split apart. 24 It's been a little over three and a 25 half years since I came to Washington very 21 1 suddenly. I've had a chance to visit Cleveland 2 now as I said four times, to see so many 3 communities. I have always loved this nation. 4 I always believe profoundly in the strength of 5 this nation, but because of what people are 6 doing in communities across this land, never, 7 ever have I believed so strongly and so deeply 8 in this nation, its strength and its sense of 9 justice. Now we must do more and make sure that 10 all Americans have an opportunity to achieve 11 justice for all. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 22 1 CERTIFICATE 2 I, LORRAINE J. KLODNICK, do hereby 3 certify that as such Reporter I took down in 4 Stenotypy all of the proceedings had in the 5 foregoing transcript; that I have transcribed my 6 said Stenotype notes into typewritten form as 7 appears in the foregoing transcript; that said 8 transcript is the complete form of the 9 proceedings had in said cause and constitutes a 10 true and correct transcript therein. 11 12 13 14 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 15 Lorraine J. Klodnick, Notary Public 16 within and for the State of Ohio 17 18 My commission expires June 28, 1997. 19 20 21 22 23 24 25