Street Law Clinic

UCSB Pre-Law Society and People's Justice Project launched its "Street Law Clinic" in the summer of 2022 in the heart of Isla Vista, California.
 

The "Street Law Clinic" serves three primary functions: 

1) providing free criminal defense consultation to individuals who have been issued an infraction citation; 

2) monitoring policing and diversion programs, specifically the Santa Barbara County Neighborhood Restorative Justice Program ("NRJP") offered by the Santa Barbara County District Attorney's Office; and

3) providing free criminal record clearing services for Isla Vista and Goleta community members.

 (1) Legal Representation for Infraction Defense:

By providing free criminal defense consultation and representation to individuals who have been issued an infraction citation, UCSBPLS and People's Justice Project's "Street Law Clinic” bridges the justice gap by providing high-quality criminal defense to the Isla Vista and Goleta community for infraction offenses that do not qualify for mandated legal representation through the Santa Barbara County Public Defender's Office. 

The Santa Barbara County Public Defender's Office is only permitted to offer legal representation for misdemeanor and felony offenses. UCSBPLS and People's Justice Project's "Street Law Clinic" provides criminal defense for infraction offenses at no cost to low-income Isla Vista and Goleta community members. 

"Our goal is to prevent the hardship and creation of criminal records for low-level offenses that result in reduced employment, housing, and government benefit opportunities for our community members, including college students and the unhoused," said former UCSBPLS president Gabriella Sterritt. 

If you are in need of legal representation for an infraction citation for which you were offered an opportunity to participate in diversion through the NJRP, please contact PJP at (805) 242-6691. 

You can also come to one of our tabling events, held every Monday from 1:15 p.m. to 3:30 p.m. in front of the UCSB Davidson Library and Wednesday from 1:00 p.m. to 3:00 p.m. in front of the Starbucks at 888 Embarcadero del Norte, Isla Vista, CA 93117.

(2) Monitoring Policing and Diversion Programs:

“By monitoring policing and diversion programs offered to community members by law enforcement, specifically the NRJP offered by the Santa Barbara District Attorney's Office, UCSBPLS and People's Justice Project's Street Law Clinic aims to illuminate the reality of policing in our community and improve public safety," said current UCSBPLS president, Dan Chu. 

In early 2022, the Santa Barbara County District Attorney's Office launched a new diversion program called the Santa Barbara County Neighborhood Restorative Justice Program ("NRJP"). NRJP is aimed at individuals residing in Goleta, specifically individuals who receive citations for misdemeanor and infraction offenses. For more information about the NRJP, refer to the Santa Barbara District Attorney's Office webpage for this diversion program:

https://da.countyofsb.org/da/nrjp
 

"Data is key to being smart on crime and crafting policy that reflects the reality of policing our communities and improves public safety," said UCSBPLS Philanthropy Chair Alyssa Rodriguez. 

One primary issue of concern regarding the NRJP is that the program appears to prohibit the accused from having legal representation in order to participate in the program. Specifically, the program's "Offender Rights" policy provided by the Santa Barbara County District Attorney's Office expressly states, "If you have questions or choose not to participate, you can call a lawyer," and, "Will not be representation (sic) at the conference with the NRJP Program."

UCSBPLS and the People's Justice Project believe that every individual is entitled to high-quality legal representation, and "before agreeing to participate in any diversion program, including NRJP, an individual should understand their options so that they can make an informed decision," said People's Justice Project Staff Attorney Renee Lizarraga. "NRJP gives some individuals alleged to have committed low-level offenses the opportunity to participate in a diversion program, but there appears to be a prohibition on an individual receiving legal advice before they agree to participate." 

Glen Mowrer, former Santa Barbara County Public Defender and founder of The Legal Project that provided free services to people in such cases for years prior to the establishment of the UCSBPLS and People's Justice Project’s Street Law Clinic commented "The Santa Barbara County Neighborhood Restorative Justice Program must include access to legal advice if it is to dispense justice at all.  This advise must be from someone, even if not a lawyer, who has a working knowledge of the alleged infraction or crime and of the defenses that may be applicable to such accusations.  As you know the Public Defender is not allowed to represent clients in these matters.  (It is in fact, one suspects, the reason for such programs as this to exist.)  People brought before this program will almost certainly be overreached without such resource as the folks running this show are well-funded, well-trained and well-motivated to their advocacy.  If the government has funding to prosecute such behaviors and to create such systems to do so it should have the decency to provide funds to balance the playing field." 

"UCSBPLS and People's Justice Project's Street Law Clinic aims to monitor policing and diversion programs offered to community members by law enforcement, specifically the Santa Barbara County Neighborhood Restorative Justice Program ("NRJP") offered by the Santa Barbara County District Attorney's Office through the operation of our Street Law clinics held every Monday from 1:15 p.m. to 3:30 p.m. in front of the UCSB Davidson Library and Wednesday from 1:00 p.m. to 3:00 p.m. in front of the Starbucks at 888 Embarcadero del Norte, Isla Vista, CA 93117,” said Joseph Doherty, President of the People's Justice Project and Managing Attorney at California Rural Legal Assistance's Central Coast Homeless Prevention Collaborative. "Our primary goal of this part of the initiative is to provide data to inform suggestions for criminal justice reform where it is needed and balance the playing field by providing high-quality criminal defense consultation and representation to individuals who seek it at no cost, regardless of financial, housing, or disability status."

The People's Justice Project and UCSBPLS have been hosting Street Law clinics through tabling in Isla Vista every Monday and Wednesday since August 15, 2022. This initiative has just begun, but through our Street Law Clinic, we have provided advice and counsel for community members who have been issued citations. We set out to be a presence in the community to ensure that individuals are aware that this free service is available. 

Each week since August 15, we have seen interest in the services provided steadily increase. Thus far, our data shows that not a single person consulted has been offered diversion through NRJP. Additionally, conduct that typically warrants an infraction, such as unlawful camping or open container violations, are being charged as misdemeanors by local law enforcement. All of the individuals we have consulted with at this point are unhoused members of the community. 

Our hypothesis is that these low-level county ordinances are being charged as misdemeanors so that unhoused individuals can be jailed and subject to probation whereas as infractions do not warrant jail time or probation terms," said Joseph Doherty. "This approach can create a revolving door for our unhoused community within the criminal justice system," he said. "Our experience shows that it is all too common for unhoused individuals convicted of misdemeanor charges to suffer jail time by merely engaging in life sustaining activities, like sleeping, or activities that would not be a crime if they were done inside of a home, such as consuming alcohol," he said. 

(3) Free Criminal Record Clearing:

In addition to our infraction defense and monitoring police and diversion programs initiative, we are also offering free record clearing services to individuals who qualify. By providing free record clearing services, UCSBPLS and People's Justice Project's Street Law Clinic aims to remove barriers that community members are facing as a result of prior criminal convictions. 

In collaboration with California Rural Legal Assistance, Inc., we hosted our first information session on September 14, 2022 at the Isla Vista Community Center where we provided information about criminal record clearing to a dozen community members. We also conducted intakes to perform free record clearing services for about half of the individuals who attended the session. Following the information session, we have received additional interest in our services. This leads us to believe that the need for this service in the community is high. 

On October 5, 2022 at 6:00 p.m., the People's Justice Project and CRLA hosted its first Clean Slate Clinic at the Isla Vista Community Center, where we provided services to even more community members.

“The purpose of the Clean Slate Clinic is to help eliminate a barrier to employment and housing for individuals who have criminal records. A criminal record—no matter how old or how minor—can be an unjust barrier to reentry for people when most employers, property managers and universities use background checks to screen applicants,” said Joseph Doherty. 

Additionally, even a misdemeanor conviction or probation violation disqualifies a person from a wide-range of benefits and opportunities. Under federal law, any probation violation for any type of misdemeanor disqualifies an individual from welfare benefits, including Temporary Assistance to Needy Families (TANF), food stamps, low-income housing, and Supplemental Security Income for the elderly and disabled. The consequences of a drug misdemeanor conviction are particularly harsh and can include the loss of health-care coverage, welfare, and student financial aid.

Record clearance is crucial to ensuring that the collateral consequences that stem from a criminal record are eliminated or significantly reduced for the millions of individuals trying to rebuild their lives toward a successful future. Criminal record expungement confers numerous benefits for individuals convicted of certain misdemeanors and felonies. When applying for a job, individuals who successfully expunge their criminal record can lawfully answer “No” if asked whether they have been convicted of a crime. Moreover, an employer is not permitted to consider an expunged conviction that is discovered through a background check in making a hiring decision. 

An expungement also benefits those seeking state professional licenses. To be sure, even after an expungement in many circumstances, an individual must disclose a conviction in response to a question posed in an application for a state license (e.g., a contractor license or real estate license) or in an application for public office. However, many licensing agencies are more likely to look favorably upon individuals who have successfully completed probation and whose convictions have been expunged. 

Further, under California law, “a person shall not be denied a license on the basis of any conviction, or on the basis of any acts underlying the conviction” if the conviction has been dismissed. 

“Another benefit of this work that we have seen is that our clients who get their expungement petitions granted are not returning to the criminal justice system,” said Renee Lizarraga. “The added stability that comes from obtaining employment and housing can go a long way to reducing rates of recidivism, as well as improving the quality of the client’s life overall.”

“A criminal record represents a substantial and enduring obstacle standing in the way of individuals who have served their time,” said Alyssa Rodriguez, Philanthropy Chair of the University of California, Santa Barbara’s Pre-Law Society. “By expunging criminal records, our Society helps our community members become full, productive members of society once again and move past their prior offenses,” she said. 

“Record Clearing services allow individuals to obtain equal access to legal representation and justice,” said Gabriella Sterritt. “Often our community members state they had lost hope in ever seeking expungement as they did not believe they were eligible, nor did they believe it was achievable,” she said. 

“Our community members feel heard and seen through the expungement process, a feeling that many had never felt before,” said Dan Chu. “An expungement grants our community members the ability to continue with their lives and positively contribute to our society,” he said. 

The California Policy Lab estimates nearly 1 in every 8 Californians with a criminal record is potentially eligible to obtain a full criminal record expungement; 81% of Californians with a criminal record are estimated to be eligible to have at least one prior arrest or conviction expunged. 

“By partnering with PJP, CRLA, and UCSBPLS to assist individuals eligible for criminal record expungement, IVCSD demonstrates its commitment to economic opportunity across Santa Barbara County’s diverse communities,” said Sydney Casler, Community Engagement Director at Isla Vista Community Services District. 

“The vital expungement services we provided at our October 5, 2022 Clean Slate Clinic not only facilitated reentry for individuals with a criminal arrest or conviction but also improved access to equal justice for all,” said Myah Mashhadialireza, Community Spaces Program Manager at Isla Vista Community Services District. “We value our partnership with PJP, CRLA and UCSBPLS, and are proud to participate in this important community initiative.”

If you are interested in clearing your criminal record, please contact PJP at (805) 242-6691, CRLA at (805) 902-CRLA or email reentry@crla.org. 

People's Justice Project and CRLA will host a Clean Slate Clinic at the Isla Vista Community Room every first Wednesday of each month at 6:30 p.m., beginning Wednesday, December 7, 2022. 

IV Community Room: 976 Embarcadero del Mar, Isla Vista, CA 93117 

You can also come to one of our tabling events, held every Monday from 1:15 p.m. to 3:30 p.m. in front of the UCSB Davidson Library and Wednesday from 1:00 p.m. to 3:00 p.m. in front of the Starbucks at 888 Embarcadero del Norte, Isla Vista, CA 93117.

Funding for the People’s Justice Project’s "Street Law Clinic" is funded by private donations, including contributions from the Glen Mowrer III Homeless Defense Fund. If you are interested in donating to the People’s Justice Project, you can donate through our GoFundMe Campaign at https://gofund.me/9b4b0804.