No Criminal Record, Fine or Lockup — Simley High School Peer Court Teaches Right From Wrong

It’s all about learning a lesson — or a few — that can dramatically alter a young person’s future decisions and choices.

An alternative sentencing program, the Simley High School Peer Court allows first-time juvenile offenders to speak to juries comprised of high school students from other schools. Those students can recommend sentences that can include taking classes, performing community service, obtaining employment, completing counseling or writing a letter of apology. If the sentences are fulfilled, their offenses will not appear on their record.

“The court was established by Dakota County District Court Judge Thomas Poch to teach participants individual accountability and responsible decision-making skills,” according to the First Judicial District website.

Modeled after a program in Orange County, Calif., the very first Peer Court in the Twin Cities area was held at Hastings High School 11 years ago. The program has successfully expanded into seven high school schools throughout Dakota County since then, including Lakeville North, Lakeville South, South St. Paul, Simley, Burnsville, Eastview and Hastings.

To be eligible for Peer Court, offenders must admit their guilt, waive and give up their rights to privacy and anonymity, agree to be bound by the sentence and waive their right to an attorney, according to the district court website. At the end of probation, cases are dismissed and the juveniles are eligible to have their records sealed once they turn 18 years old.

Justice for all at Simley

At Simley High School, teacher Lam Nguyen has been in charge of coordinating and overseeing Peer Court for the past seven years. The school hosts two or three Peer Court sessions each year, with approximately 20-30 students attending each, he said.

“Our numbers may seem low [compared to those participating at other schools] because the students I have do this because they want to,” he explains. “Other schools require it as part of their curriculum or offer extra credit to attend. As a result, they may have up to a hundred students attend.”
 
There are usually two cases at each session. Nguyen says that the students’ jobs are to be fact finders.

At the hearing, the students will listen to the charges regarding the juvenile offender. The offender is given an opportunity to explain his or her side of the case. The students then must ask questions of the offender in order to determine the appropriate sentence. They deliberate on the sentence with the assistance of an attorney advisor. After 15 minutes of deliberations, they return to the court to present their recommended sentence to the judge. The judge may alter the sentence before reading them.
 
“Our school agreed to work with Dakota County Juvenile Court and the attorney's 0ffice so that our students can have a firsthand look at how the legal system works. We believe that, given this opportunity, it will allow them to address the problem of juvenile crime in our community and interact with positive role models,” Nguyen said.

Students from other schools, such as Woodbury High School and Cretin-Derham Hall, have visited to participate as jurors, Nguyen said.
 
An “Intense” Learning Experience

Ali Yang is interested in becoming a public defender. A senior at Simley, he has participated in this alternative sentencing program since his freshman year.

“Peer Court is a great program to give students a firsthand experience on how a court case functions, the procedures and responsibilities,” Yang said. “It's a fun and great experience.”

Yinka Akintujoye, also a senior, gives credit to the program.

“[It has taught me] how to articulate my questions properly… [and] learning from the examples, not to do bad things. [The offenders] made one mistake, so [they] don’t want it to be on [their] record the rest of [their] life. They care about their future, if they are at peer court. I try not to be judgmental.”

Senior Jonessa Ross, whose future goal is to become a lawyer, joined Peer Court with enthusiasm: “[I thought] Cool! Practice for law school!”

Offense examples have included vandalism, trespassing and assault. Ross recalls that her first session involved charges related to young people who threw snowballs at cars.

“It teaches you how a court proceeding actually goes,” she said. “Sometimes, I think sentencing [ends up being] too harsh or not harsh enough.”

Ninth-grader Kati Yarrington appreciates the practicality of program.

“It gives you a better understanding in Civics and Economics – especially Civics [class]," she said. "It gives you a better perspective about things.”

Sam Tinucci, also a freshman, agreed. “It’s a good learning experience — it gives a good model of things you learn in class.”

Judge Thomas Poch emphasizes the many advantages of an offender’s choice to participate in Peer Court instead of Juvenile Court. It was “designed not to be bad versus good,” Poch says. “There is no record, fine or lockup. Past offenders can come back as a juror.

“It teaches discerning right from wrong,” he adds. “They’re [the jurors] going to hash it out.”

At the most recent Peer Court session held at Simley last Thursday, one of the cases caused spirited – and thorough – deliberation among the jurors.

“It was crazy,” said Yarrington. “It took a while to decide [with two opposing groups of perspectives] and there was a lot of discussion.”

Ross had also participated in that jury. “It was intense,” she said. “It was hard to find a consequence and decide what to do…we didn’t want to over-punish.”

 “There’s no age difference [between the jurors and the offenders] – peers can see through [what’s going on],” said Judge Poch. “It shows what court is like. All judges support this. And we have wonderful support from the Bar Association answering [the jurors’] questions.”

Passing the torch: The future of Peer Court

Judge Joseph T. Carter, who sat by Judge Poch’s side at Simley last Thursday, will step into Poch’s shoes as the presiding judge over the sessions next year. Judge Carter is a former chief public defender and has been a district judge for a number of years, according to Poch.

Judge Poch will be retiring after 11 years of presiding over the program.

The new judge looks forward to his upcoming experiences. “I’m excited to do it – to work with the high schoolers. It’s fun to see them do well and participate,” Carter said.