Homeless Group Representation in Detroit’s Problem-Solving Court

Abstract

The proliferation of problem-solving courts reflects a growing recognition that traditional punitive institutions tend to perpetuate cycles of poverty. Problem-solving courts expand the types of knowledge and resources available to court actors to help them address clients’ basic needs, provide ongoing support, and reduce recidivism. But the same qualities that enable judicial flexibility and collaboration can also undermine court goals, affecting the ability of court actors to understand the needs of indigent clients and resolve outstanding legal issues. This article analyzes the role of a social action membership organization in establishing Detroit’s homeless court. Our findings document how the group’s involvement influenced the court in procedure and substance and created space for negotiations that foreground clients’ self-defined needs. Collaboration shaped how defense attorneys thought about the purpose of the court and what they advocated for when meeting with judges and prosecutors on topics such as court accessibility, client sense of safety, and (in)ability to pay. These findings suggest the importance of having those most affected involved in the earliest stages of court creation to access procedural representation. We also consider administrative barriers to establishing a homeless court model within district courts.