Community Court graduations don’t feel like a case dismissal — and that’s the point
Community Court in Auburn doesn’t actually feel like court. And that can be a good thing — it’s also on purpose.
There are no robes, no rising and seating, no pomp and circumstance. There aren’t any handcuffs, orange jumpsuits, smocks or jail-issued socks. Typically there aren’t many suits and ties; today is an outlier because the defense attorney wanted to dress up for the occasion. There are graduations today.
There isn’t even a gavel. It’s instead replaced with a cowbell, which Judge Leah Taguba waves wildly and proudly when a participant graduates and their case is dismissed with prejudice — meaning it can’t be tried again.
But not before they’re seated at the same table they’ve been coming to for months, surrounded by people firmly on their side. In many ways, they’re some of the best friends they’ll ever have. The prosecutor wants them to succeed just as much as the defense. And when they do, they don’t hold back on praise.
The tears don’t hold back either.
“I was going to give up,” said Tina “Smalls” Kucirek. She’s speaking confidently, though with short breaks between each sentence. She needs the time to wipe away the water streaming down her cheeks. “You’re all my angels.”
Smalls lived a hard life. She came to community court during a time when most things just weren’t going right. She was living in her van, grieving the death of her mother, having severe panic attacks, escaping a domestic violence relationship, and more.
It started to turn around when she entered community court — an alternative, problem-solving court for some non-violent misdemeanor cases. It allows cases to be handled by referrals to community resources that address a participant’s underlying needs that likely led to criminal activity. Jail can be useful for some, but this court isn’t that. It’s a step forward.
Alongside attending each week in the large open room connected to the Ray of Hope Shelter along Auburn Way North, Smalls attended treatment for mental health and substance use and worked closely with partners to secure a housing voucher and other services to help find more stability.
The hurdles didn’t stop, though. Like when her van was towed with all her belongings while she was staying in clean and sober housing. But through the support, she persisted. And today, she lives in a beautiful apartment on bucolic Mercer Island.
She’s learned to overcome obstacles without relying on bad habits.
“It makes me incredibly happy to see how far you’ve come in your journey and to see a real-life example of what success really means,” said Mayor Nancy Backus through a pre-recorded video that played for Smalls before graduating. “Now you have strength, resources, and plenty of people in your corner.”
Sometimes good things come in pairs, and today, Smalls was joined by Sam Kerth, a tried-and-true cynic. Like many who walk through the doors unsure, he wasn’t convinced the court could help him. And why would it? Not much has.
“Sam was skeptical about the program when he was invited,” said prosecutor Sergio Flores. “He was like, ‘I don’t think this is for me.’”
But no matter, each week he showed up. First, to survey if it was right for him. And then the next week. And the next. The weeks turned into months, and before long, a date started approaching. He’d been attending long enough and doing the work and graduation was on the horizon.
And what’s more, the people in the room were now like family. And why shouldn’t they be? When they learned Sam had secured a job interview, the reaction was something more akin to a conversation at Thanksgiving dinner.
The question of the day — written on a whiteboard near snacks and a large “congratulations” banner — asked each participant what their favorite band or music is. Sam’s is Killswitch Engage and Slipknot. Judge Taguba said the latter always scared her growing up. But her husband loves it.
See? Like family.
“I didn’t want to be here,” Sam admitted before being handed a paper saying his case was to be no more. “But now, I look forward to coming here every week.”
