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@MarylandOPD filed a writ of mandamus in the Court of Appeals on 4/2, on behalf of young people.
We asked them to release kids with low level charges & those vulnerable to coronavirus.
No staff or kids had tested positive yet. https://bit.ly/2K5osgI
A (massive) thread
We asked them to release kids with low level charges & those vulnerable to coronavirus.
No staff or kids had tested positive yet. https://bit.ly/2K5osgI
A (massive) thread
Experts say only way to mitigate damage & reduce death toll is by releasing as many people as possible. https://bit.ly/3ebQmpg .
Given the purpose of the juvenile system is rehabilitation, we argued the COA should get kids out especially low level offenders & sick kids.
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Given the purpose of the juvenile system is rehabilitation, we argued the COA should get kids out especially low level offenders & sick kids.
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Mandamus is very rare–reserved for extraordinary circumstances (EC).
In the past 20 yrs, the COA issued Mandamus only 2x.
In St. Josephs’, the Court found EC because there were more than 300 civil cases pending that would be impacted: https://bit.ly/2yeMJi4
In the past 20 yrs, the COA issued Mandamus only 2x.
In St. Josephs’, the Court found EC because there were more than 300 civil cases pending that would be impacted: https://bit.ly/2yeMJi4
The 2nd time, was when a judge certified a class of smokers in a lawsuit against Phillip Morris.
That was such a big deal that the COA issued a writ of mandamus (to decertify the class, thereby protecting the tobacco company)
https://bit.ly/34zKrGf
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That was such a big deal that the COA issued a writ of mandamus (to decertify the class, thereby protecting the tobacco company)
https://bit.ly/34zKrGf
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We argued COVID19 presents one of the most extraordinary challenges our courts have ever faced.
Kids are at risk of serious infection & even death, because they cannot social distance in jail.
Certainly that’s more extraordinary than tobacco companies having to pay $$$.
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Kids are at risk of serious infection & even death, because they cannot social distance in jail.
Certainly that’s more extraordinary than tobacco companies having to pay $$$.
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To illustrate how dire the situation is, we included a number of declarations from young people currently being held inside Maryland’s juvenile jails.
13 yo JB is particularly heart breaking.
JB has been found not competent to stand trial, but he is being kept in a cell.
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13 yo JB is particularly heart breaking.
JB has been found not competent to stand trial, but he is being kept in a cell.
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Our clients described not having access to soap in their cells (where they are locked 12 hours a day & where they use the toilet & sink)
Kids were still playing sports. No PPE present. No school taking place. No social distancing whatsoever.
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Kids were still playing sports. No PPE present. No school taking place. No social distancing whatsoever.
/7
Kids are cleaning the facilities themselves. School stopped weeks ago and children with learning disabilities are being asked to complete “packets” with no instruction or assistance in violation of their rights. No family visits and only 3x/10 min calls a week.
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Md. AG filed its response on 4/7.
Included in their legal arguments was declarations from @marylanddjs that detailed how many kids they have inside facilities and how they are dealing with the threat of coronavirus.
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Included in their legal arguments was declarations from @marylanddjs that detailed how many kids they have inside facilities and how they are dealing with the threat of coronavirus.
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What is inside of these briefs – especially the admissions by DJS – should concern everyone.
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First, DJS confirmed
58% of kids being held in juvenile jails
&
74% of kids being held in youth prisons
are there for non-violent offenses, misdemeanors, or technical violations of probation.
58% of kids being held in juvenile jails
&
74% of kids being held in youth prisons
are there for non-violent offenses, misdemeanors, or technical violations of probation.
But what is not in the AG response, as @nabspal pointed out, is just as telling.
Entirely absent from the AG’s response was any denial that some children who sleep next to toilets don’t have soap in their cells .
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Entirely absent from the AG’s response was any denial that some children who sleep next to toilets don’t have soap in their cells .
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The AG's response confirmed that DJS only plan for how to deal with the outbreak is to place vulnerable children in complete solitary confinement.
The euphemism of "medical isolation. It's solitary.
They are locked in their small concrete cells 23 1/2 hrs a day.
The euphemism of "medical isolation. It's solitary.
They are locked in their small concrete cells 23 1/2 hrs a day.
Again, @nabspal "We cannot unknown these facts. They are shocking. The question becomes, now that the highest court in state knows how children are being treated, what steps will the State take? What steps will all judges take?"
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In addition to the AG, other groups weighed in on 4/7.
Fifteen advocacy organizations, led by @NatJuvDefend filed an amicus brief supporting our request.
https://bit.ly/3cbVbgD
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Fifteen advocacy organizations, led by @NatJuvDefend filed an amicus brief supporting our request.
https://bit.ly/3cbVbgD
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They wrote:
"Maryland should grant Petitioners’ request if it is to avoid the neglect and inhumanity that New Orleans’ juvenile court system generated in the aftermath of Hurricane Katrina, when staff limitations, failures to create contingency plans...
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"Maryland should grant Petitioners’ request if it is to avoid the neglect and inhumanity that New Orleans’ juvenile court system generated in the aftermath of Hurricane Katrina, when staff limitations, failures to create contingency plans...
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