SCHOOL’S IN : Judge Gets High Marks for Program That Lets Young Offenders Choose Between Classroom and Juvenile Hall

Superior Court Judge David O. Carter has his own way of getting through to juvenile offenders, and while it may sound like a gamble to some, he says it’s paying off in a big way.

Here’s how it works:

When young offenders who seem to fit a certain profile--generally first-timers involved in relatively lightweight crimes--come before Carter for sentencing, he gives them a choice of going to school every day and showing some grade improvement or serving time at Juvenile Hall.

But there’s a catch, and it’s a big one.

Double Time Sentence

If they don’t stay in school, then it’s double time at Juvenile Hall. A 30-day sentence, for example, becomes 60 days, and a 60-day term becomes 120.

Carter has been making these offers for about four months and has sent more than 50 youths back to school on those conditions. So far, only six have bombed out; they’re now in Juvenile Hall serving time.

The payoff for those who make it is a kind of group hug in Carter’s courtroom at his monthly progress report sessions, where the students present their school report cards and the judge’s staff takes their pictures to post on a bulletin board alongside their grades.

Carter lavishes those who are doing well with praise in front of their parents and the others.

Led Away in Handcuffs

For those who have slipped, Carter has a couple of bailiffs with handcuffs waiting to lead them away to Juvenile Hall, 100 yards away.

“I had no idea if it would work,” Carter said. “But one kid turned all Ds and an F on his report card into two A’s, a B and a C. One kid only went to school 50 days out of 54. I almost put him in the Hall because I’d told him to go every day. But I thought, for this kid, 50 out of 54 is tremendous. He hadn’t gone at all before.”

Not everyone likes Carter’s informal program. At least one of Carter’s colleagues on the bench has been privately critical.

But the county probation office, which has recommended Juvenile Hall time for most of those in the program, says it’s working. The district attorney’s office gives an approving nod. And most defense lawyers are delighted.

“You see so much sadness in Juvenile Court; it’s thrilling to see something good happening,” said Deputy Public Defender Carol E. Lavacot, who is assigned to Juvenile Court. “The change in some of these kids is remarkable.”

Lavacot said poor school attendance is at the heart of almost all the cases involved in Carter’s program.

Carter, who lost a congressional primary election last year, is still uncertain about the long-term implications of his program. Some of the juveniles, he fears, may turn on him and make him regret it all.

But so far he has been astonished by his own success.

Carter isn’t the first judge to try such innovative techniques to get youngsters back in school. Lawyers who work in Juvenile Court point to Juvenile Commissioner Gale P. Hickman and to Myron S. Brown, formerly a commissioner and now a Superior Court judge, who had similar successes.

But never before, said Lavacot, have the attempts been this formal.

“There is so much excitement here when they all come back for their progress reviews,” she said. “They can’t wait to show the judge what they’ve done.”

Some of the lawyers call the group sessions “God Bless America” days because Carter, a former Marine, always includes a fatherly lecture.

The participants so far are 12 to 18 years old.

Because of state laws on confidentiality, no one is forced to participate in the group progress reviews. And no one has to post his picture or report card on the bulletin board.

But some lawyers involved say the youngsters wave those report cards like badges of honor.

“Most of them can’t wait to see their picture go up,” said Deputy Public Defender Laureen J. Gray. “These are kids with little or no self-esteem. They’ve never been singled out for praise before. It’s incredible to see.”

Once a youngster and his parents agree to the school alternative, Carter schedules an appearance a week later to check up on his progress. After that the student must come to the group session once a month.

Last week, two boys who did not stay in school showed up at a group session and were sent to Juvenile Hall to do their time.

Carter depends on the probation office to tell him when a youngster has skipped school. Marie E. Kelly, a county probation officer who helps keep tabs on them, said one problem is persuading schools to take some of these young people.

“Some of them have expelled them and don’t want them back,” she said. “But we’ve managed to get everyone in. Some kids I’d never dreamed would stay are coming back with A’s.”

One of Carter’s detractors was a lawyer who told the judge he did not have the right to throw her client into Juvenile Hall at one of his “God Bless America” sessions. She said Carter had to hold a hearing, but she lost when she took his decision to a higher court.

The district attorney’s office is less enthusiastic than the public defender’s about Carter’s program.

Deputy Dist. Atty. John Conley, in charge of juvenile operations, said, “We tentatively are in favor of it because we’ve seen some good things happen.”

But some of Conley’s prosecutors believe Carter should be more restrictive.

“Some kids he’s giving a second chance have already had second and third chances,” said Deputy Dist. Atty. James R. Self. “I think a 17-year-old kid busted on cocaine possession who has been in trouble before should have to go to Juvenile Hall.”

Yet both Self and Deputy Dist. Atty. Samuel B. Taylor, who handle most of the juvenile cases in Carter’s courtroom, give high praise to Carter.

“I’ve had cases where it definitely worked,” Self said. “The judge tells them, ‘You either go to your school or you go to my school (meaning Juvenile Hall, which provides school classes).’ ”

One young woman, whose 16-year-old sister has been in the program several months, said her sister’s improved self-esteem has made life better for the whole family.

“At first she was intimidated by the judge, in his black robe and everything,” the young woman said. “But once my sister realized he wanted her to succeed, it’s really straightened her out.”

One mother said her 17-year-old son was enrolled in school for the first time since reaching high school age.

“The judge has powers of persuasion,” the woman said. “He’s already done what we’ve been trying to do for three years.”