Tylor Sears sidled into courtroom 3B last Monday afternoon, the handcuffs and shackles around his legs lightly clinking, and sat down next to his public defender.
Sears, 35, had been in the Burlington courthouse just three days earlier. Since then he had picked up four new charges, including resisting arrest and unlawful trespass.
This time, Sears found himself in front of Judge Martin Maley — a retired Superior Court judge who’d been brought to oversee this new docket in Chittenden County, which focused on people with five or more pending cases.
Sears now had seven open cases in Chittenden County, and he faced additional charges in Lamoille County for violating his probation. Zach Weight, the special prosecutor for the new docket, asked Maley to impose $1,000 in bail.
“He’s continuously violated court orders,” Weight said.
Sandra Lee, Sears’ public defender, told the judge that Sears struggled with drug use and that she was connecting him with a caseworker who could make sure he’d get to the probation office.
“He clearly indicates that he needs treatment, that these are obstacles to his appearance,” Lee said.
But Maley disagreed.
“I’m not convinced the root of the issue here for Mr. Sears is simply his inability to receive treatment,” said Maley, who went on to order Sears be held on $1,000 bail.
Sears was one of 110 people whose cases are now being heard in the so-called “accountability court.” The new docket, now entering its third week, was launched as part of Gov. Phil Scott’s plan to address crime in Vermont’s largest city.
The new court is focused on a relatively limited number of people, who law enforcement say take up a disproportionate amount of their time. Data from Burlington Police show that 20 people are tied to 842 incidents in the city’s downtown.
“I think we need to start to think a little bit about incarceration as a place where people have the opportunity to heal.”Jaye Johnson, general counsel for the governor's office
The docket will seek to resolve cases, which could mean connecting people to drug treatment and mental health services. Sometimes, that could mean sending people to prison, Jaye Johnson, general counsel for the governor’s office, told lawmakers last week.
“Very often, the response is restorative justice rather than incarceration,” Johnson said. “I think we need to start to think a little bit about incarceration as a place where people have the opportunity to heal.”
The accountability court, which will run for three or four months in Chittenden County, could be expanded for use in other counties, Johnson said.
But Jessica Burke, a defense attorney based in Burlington, has concerns with the new docket. She said it could set a precedent in which the executive branch sidelines elected county prosecutors. And while Burke thinks that the aim of the new docket is a good idea, she said the plan was rushed.
“We need to look at this more deeply,” Burke said. “Are we trying to shift accountability to individuals whose needs aren't being met by the state by throwing them in jail so we can go Christmas shopping without having to look at it?”
Back in courtroom 3B, Judge Maley was preparing to wrap up the final case for the day. The defendant, a 21-year-old man, had been in court last Friday, and Maley had warned him that he needed to follow his conditions of release. Police allege he violated his court-appointed curfew over the weekend.
But the man didn’t show up on Monday for his hearing. Maley issued an arrest warrant and raised his bail to $2,500.
