The Challenge

Bench warrants are court orders for someone’s arrest. The courts generally issue bench warrants to people charged with non-violent offenses who fail to appear in court or pay their fines. Unfortunately, this system disproportionately impacts low-income individuals and communities of color.

The Opportunity

Municipalities can create and host Bench Warrant Resolution Courts (BWRC), or “Warrant Clinics.” These are events where individuals with low-level warrants (misdemeanors), child support warrants, traffic offenses, and non-violent felony bench warrants can address them without the threat of being arrested or taken to jail.

This toolkit explains how to set up BWRC for your community so that people with bench warrants can resolve those warrants without arrest. It is inspired by the process created by UNUM Fellow Solicitor Byron E. Gipson.

Background

Courts generally issue bench warrants to people charged with non-violent offenses who fail to appear in court or pay their fines. Arresting someone charged with a non-violent crime can lead to people facing legal entanglements with huge impacts. These impacts include jeopardizing the ability to secure employment, housing, or other essential services.

The warrant arrest system disproportionately impacts low-income individuals and communities of color because they often miss court appearances because of a lack of transportation, childcare, or work obligations. For example, in 2014, the Justice Department found that Black residents of Ferguson, Missouri made up ninety percent of all bench warrants and ninety-four percent of jaywalking fines and tickets.

The current bench warrant system also can waste limited resources on non-violent offenses. In extreme situations, it can even lead to violence. For example, on April 11, 2021, in Brooklyn Center, Minnesota, Officer Kim Porter shot and killed Daunte Wright when she tried to arrest him for a bench warrant. Later, it emerged that the court documents were not sent to the correct address.

BWRC Inspiration: UNUM Fellow Solicitor Byron E. Gipson

By the time Solicitor Byron E. Gipson became a UNUM Fellow, he had already witnessed countless scenarios where routine traffic stops escalated into dangerous police pursuits. Individuals may attempt to evade law enforcement for many reasons, from involvement in illegal activity to outright fear of contact with law enforcement. However, Solicitor Gipson had learned that some people run because they have outstanding bench warrants for their immediate arrest.

A tragic routine traffic stop that escalated was the impetus for creating the first BWRC. On April 4, 2015, North Charleston police officer Michael Slager initiated a traffic stop on Walter Scott after observing a defective tail light. Although he was being stopped for a defective tail light, Mr. Scott had multiple outstanding warrants for child support that could result in his immediate arrest. Mr. Scott fled on foot. Officer Slager pursued, firing several shots and hitting the unarmed Mr. Scott five times in the back. Mr. Scott died as a result of the injuries.

UNUM Fellow Solicitor Gipson believed that others with similar circumstances could use BWRC to resolve outstanding warrants. This could allow people a safe way to address bench warrants that might otherwise “tempt” them to evade police. In 2021, he hosted the first Bench Warrant Resolution Court in the Fifth Circuit of South Carolina. The event was very successful, clearing 70 warrants.

BWRC Benefits

BWRCs are important public safety tools. They provide a safe space for justice-involved individuals to meet with a public defender who can properly advise them of their case status, meet with the prosecution, rescind the pending bench warrant, and receive a new court date. They allow the police to focus their resources on the most egregious offenses and reduce court backlogs. They are not amnesty events and they do not address violent felonies.

There are many law enforcement benefits to running a Bench Warrant Resolution Court. For example, BWRCs:

  • Reduce the number of police contacts with citizens
  • Reduce the number of warrants served by law enforcement on individuals for failure to appear in court
  • Reduce individuals’ fear of being arrested at a routine traffic stop due to outstanding bench warrants
  • Reduce the jail population, as fewer people have to be housed at the local detention center awaiting court dates

How To Establish Your BWRC

To establish a BWRC, UNUM Fellow Solicitor Gipson advises convening a meeting with local law enforcement work with law enforcement leaders, such as the Chief of Police, Sheriff, and judges who resolve warrants and set new court dates. This creates an opportunity to explain the initiative, gain their “buy-in,” and assess their areas of concern.

It is also important to involve community leaders and dedicated civic organizations to develop community trust. Solicitor Gipson recommends a series of meetings with faith leaders, community leaders, and nonprofits to gain their trust and input. When clergy and local leaders have an integral role in the planning, communities place increased trust in the BWRC initiative.

Building this kind of trust and leadership buy-in is important to help ensure no arrests occur during the BWRCs. Indeed, no one was arrested at Solicitor Gipson’s events.

People with outstanding bench warrants may hesitate to participate in the event for fear of arrest. People are more likely to attend if the BWRC is in a neutral location like a church or community center. For example, Solicitor Gipson held his BWRC in churches, places that engender trust in the community.

At the selected venue, have a setup with a waiting room, rooms for individual conversations, a restroom, and ideally a kitchen area to put out coffee and snacks.

People will only be able to use the BWRC if they know about it. Advertising the BWRC across mediums will help reach diverse populations. UNUM Fellow Solicitor Byron Gipson used mail, radio, TV, and social media. This data shows the breakdown of how people heard:

  • Mail: 24%
  • Social Media: 16%
  • Radio: 6%
  • TV: 19%
  • Friends and Family: 16%
  • Flyers: 19%

UNUM Fellow Solicitor Gipson advises:

  • Holding BWRCs at local churches
  • When possible, choose a location near bus routes
  • Schedule them from mid-afternoon (3:30pm) until around 8pm
  • Offer participants bus vouchers if needed
  • Offer light refreshments to workers and volunteers at the clinic
  • Have no uniformed officers present

When people arrive, have a place where they can sit and wait. The court-appointed attorney will review the charges with the person charged. After they sign the paperwork, the court and the individual each get a copy.

What Comes Next?

EPU serves as a resource to community leaders, policymakers, and advocates across the South to help them take actionable steps to accelerate positive change. These resources include, but are not limited to:

  • Research and analysis
  • Technical assistance
  • Policy development

We would love to connect with you and discuss the change you want to make. Here are ways you can contact us.

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Additional Resources

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