The National Association of Pretrial Services Agencies (NAPSA) would like to thank the United States Department of Justice’s Bureau of Justice Assistance for its funding of this document and continued support of pretrial diversion programs.

Who We Are

The SFPDP building entrance.

The San Francisco Pretrial Diversion Project (SFPDP) organization was established in 1976 through the joint efforts of a group of socially conscious citizens, the San Francisco Bar Association and the Judges of the Municipal Courts.

Their experience had shown that most individuals charged with a misdemeanor offense did not benefit perceptibly by jail time. They were convinced that both the goals of crime prevention and rehabilitation would be better served by an alternative program of education, rehabilitation and community service work. SFPDP was formed to provide “first time” misdemeanor offenders of non violent charges an opportunity to have their case dismissed by completing a program.

Continuing our tradition and philosophy of “Dignity and Respect, Compassion and Accountability,” SFPDP added more programs designed to address various needs of the Courts, the Clients and the Community.

Interesting concept.  The SF Bar Association, some Municipal Court Judges, and “socially conscious citizens” decided there was a better alternative to the justice system, and so simply went about making one.  What a grass roots effort:

re:  Socially conscious citizens:  There are just 4 people listed as incorporators on the founding documents. We’re going to look at who:

Irving Reichert, Jr., Frank E. Farella, Robert G. Sproul, Jr.. and for 4 months? only Thomas H. Gee (same address as Reichert).

One was Mr. Reichert, who as we see above was Exec. Dir. of the SF Bar association at the time, i.e., an attorney.

(1) IRVING REICHERT, JR.

Irving Reichert Jr., renowned Bay Area attorney and dedicated legal reformer, died of a heart attack Saturday at his home in Palo Alto at the age of 76.

Mr. Reichert had a long and varied legal career. After graduating from the University of California at Berkeley and Harvard Law School, he was a law clerk to former state Court of Appeal Justice Raymond Peters before joining the San Francisco district attorney’s office, where he was an assistant district attorney from 1951 to 1958.

. . .

In 1972, he received a Ford Foundation Travel Study grant, which took him to England for a year to study the British criminal justice system.

He returned to the Bay Area in 1973 and served as a consultant to the American Justice Institute and the Santa Clara County Criminal Justice Pilot Program.    From 1975 until 1985, Mr. Reichert served as the executive director of the San Francisco Bar Association, concentrating on expanding its role in providing legal services for the poor and enlarging its involvement in the criminal justice system.

In 1987, he came out of retirement — neglecting “my promising career in lawn bowling” — to take charge of the Own Recognizance Bail Project, a program that he had been instrumental in founding several years earlier.

 

Partner in Farella, Brown & Martel, LLP.   He does mergers and acquisitions with an interest in the beverage / wine industry in particular.

FRANK E. FARELLA, PARTNER

Frank E. Farella, a founding partner of Farella Braun + Martel, maintains a diverse practice in corporate, financial and international transactions.  The firm knows quite a bit about formation of trusts, nonprofits, family estates, etc. and publishes on these and other topics.

 Mr. Farella owns and operates his family’s vineyard and winery in the Napa Valley, Farella-Park Vineyard and is a member of the Napa Valley Vintners Association.

Mr. Farella served as President of the Bar Association of San Francisco in 1978.  He chaired a California State Bar Committee and authored the California legislation requiring attorneys to arbitrate fee disputes.  He has been listed in Best Lawyers in America for Corporate Law for almost three decades.

(3) Robert G. Sproul, Jr.

JusT FOR THE RECORD, ROBERT, JR.’s father was president of UCBerkeley, which explains why there’s a “sproul plaza” named after him.  He died one year before formation of this organization, SF pretrial diversion project.  There is a “robert G. Sproul, Jr. Award” which I see relates to pro bono, civil rights, diversity, etc.

I can’t find much about this person except who received awards named after him, at this time. There is an oral history about his father (in 2 volumes) at UCB

(4) Thomas H. Gee

Born in Canton, China, was a SF attorney and Library commissioner (Secretary of this organization) and died in March 1999.  “A native of Canton, China, Mr. Gee came to the United States in 1929. He was a 1941 graduate of San Jose State College. He served as a sergeant in the Army Air Corps, and was assigned to the U.S. Military Intelligence Language School. He was a 1954 graduate of Lincoln University Law School and a longtime administrative law judge for the state of Nevada in Las Vegas.   

He served as president of the Chinese Consolidated Benevolent Association in 1948 and in 1991. In the 1970s, he was a founder and administrator of Northeast Medical Services, a Chinatown health organization. He also served on the boards of two other prominent Chinatown social service organizations, On Lok Senior Health Services and Self Help for the Elderly.

(IF I have the right Thomas H. Gee).

Corporationwiki mentions him as president of a ” Commercial and Industrial Development of San Francisco Chinatown, Inc”

Interesting how this one can still be active — look at the details!

(do you see an EIN# there?  I don’t either….)  There is a Chinatown CDC still active, a compilation (April 1977) from other organizations:

On April 1, 1977, five grassroots organizations came together and created the nonprofit community development organization theChinatown Resource Center (CRC).  The newly formed CRC comprised of organizations that advocated for affordable housing, tenant rights, open space, transportation and revitalization issues –y it

So, obviously these people that started SFPD in 1976 were socially conscious, socially active individuals (it also being the 1970s!) of very influential backgrounds (Sproul, Reichert, Farella, all of them) at least at that time, movers and shakers. So they figured out that it was time to change the criminal justice system in SF by diverting cases; incorporated and did so.  So maybe I should give the Family Justice Center folk a break — after all, everyone is doing this, right?  Being employed by the public in the legal, law enforcement, district attorney, or family law (etc.) professions — and simply, while there, CHANGING them, because some had a brainstorm that doing so would be a good idea.  They just forgot to run it by the public — who was paying — and the poor  — who would be most affected by it.

ANYHOW, the 2009 IRS shows about $4 million of gross receipts ($605K from program service income) of which $3.6 million was spent on services (not described in much detail), $102K for Mr. Leong (salary); there are no contractors, there are thousands in “professional fees” and there is a “management committee” which is composed of (I’m going to list them):

Judge Herbert Donaldson

Judge Kay Tsenin Judge Teri Jackson Judge Loretta Giorgi

Commissioner Ron Albers

District Attorney Kamala Harris represented by Greg Barge

Public Defender Jeff Adachi represented by Kwixuan Maloof

Patrick Boyd, Chief Adult Probation Officer

OK, if I am not mistaken, all these judges are paid by the state (not counting any undisclosed fringe benefits).  The commissioner, district attorney and probably public defender and probation officers are probably paid by City & County of SF.  Moreover, the SFPD is also paid by contract with the City.   Lord knows if there are also private donations — but how is this not a conflict of interest?

There is also a “mentor court” since 1996….based on (it says) a model from (across the bay) Oakland Court

Another way someone can be induced to participate in an SFPD-style alternative is to get a PARKING or TRAFFIC TICKET.  That’s not too hard to do in overcrowded San Francisco!    Going into community service after being dinged (or hit) with a ticket, is kind of interesting when one thinks about who set up and paid for this to start with — Bar Association, Judges, and paid for by the City.  So, ostensibly, but assigning enough traffic tickets, some real community service might get done.

Project 20 
The Project 20 Fine Alternatives program is for people who cannot afford to pay their parking tickets or traffic violations. People are assigned community service hours in lieu of paying.

Project 20 serves the City and County of San Francisco. All clients must have a referral from either of these departments to participate in Project 20. Out-of-county cases require a referral from the California League of Alternative Service Prorgrams.

For Parking Tickets: Clients are referred from the Department of Parking and Traffic. DPT is located at 11 South Van Ness Ave., (415) 701-3000.

For Traffic Violations: Clients are referred from the Traffic Division at the Hall of Justice, 850 Bryant Street, Room 101.

Q: HOW MANY HOURS OF COMMUNITY SERVICE HOURS MUST I PERFORM?
A: The number of hours is determined by the amount of the fine assessed and the type of fine incurred. Parking and traffic fines are assessed at different rates.  For parking fines, community service is performed at the rate of $6 per hour, for example: $120 parking fines would require 20 hours of community service.  For traffic fines, community service is performed at a rate of $10 per hour.  Please note that Project 20 does not set these rates.

. . .

Q: IS THERE A LIMIT ON THE NUMBER OF CITATIONS ALLOWED FOR Project 20 WORK? 
A: Yes, there is a limit of 10 citations total (or $250.00) per vehicle per calendar year, (January 1 through December 31). Beyond this, a citizen can still sign up for Project 20 but will be required to pay 50% of the contract fine amount, and the remainder can be worked off in community service hours.

Q: CAN I DO MY Project 20 WORK ANYWHERE?
A: No, since the citations were issued in San Francisco, the community service must be completed in San Francisco. We encourage clients to participate with the NEW citY! DPW community service project because it’s the quickest way to complete the program while helping to beautify San Francisco’s neighborhoods.

Q: IS THERE A SIGN-UP FEE?
A: YES! Project 20 charges a nominal program administration fee which is based on the amount of assigned community service hours.

Q: WHY MUST I PAY A PROGRAM ADMINISTRATION FEE TO DO Project 20?
A: Project 20 operates solely on program administration fees collected. This program receives no city, state or federal funds and its existence relies entirely on the nominal fees paid by its clients.

SELF-AWARENESS/ DRAMA THERAPY STRESS MGMT/DRUMMING
Introduces clients to strategies for curtailing obsessive thinking, anxiety, depression and hostility. During these weekly groups, participants learn to utilize relaxation techniques and conflict resolution using drama therapy, non-verbal drumming, and meditation techniques.

– On Dec. 23, 2001, McAlpin went to Melnitchenko’s place of work in San Francisco, forced his way in and threw Melnitchenko against a wine crate, prosecutors say. Charges were filed, but McAlpin went free pending the outcome of the case.

— In March 2002, McAlpin went to Melnitchenko’s home in San Francisco, put his hand over her mouth, pinched her nose and held her so hard that her mouth bled, according to prosecutors. He held her hostage for two hours, at one point ripping the phone out of her hand, prosecutors say. He was arrested and jailed briefly.

— In July 2002, McAlpin, who was free again despite the two pending cases, allegedly broke in to Melnitchenko’s home. “He said, ‘If you don’t come back to me within a week, I’m going to kill you, bitch,’ ” Cogan said. He fled when San Francisco police arrived, leading officers on a pursuit to the East Bay, prosecutors say. He later turned himself in.

— On Oct. 31, 2003, McAlpin admitted to stalking, assaulting and threatening Melnitchenko in charges stemming from the three cases.

— In December 2003, Cogan sought a six-year prison term, but McAlpin was allowed to plead guilty, over prosecutors’ objections, to retired Judge Herbert Donaldson, who sentenced him to time served and probation. “We felt his acts were so significant to warrant state prison, even without a prior criminal history. I brought in Anastasia, her mom and sister to testify,” Cogan said. The judge, she said, granted probation “over our strong objection.” Donaldson also ordered McAlpin to undergo counseling and spend 52 weeks in a domestic violence program.

— On Aug. 1, 2004, McAlpin allegedly tried to kidnap Melnitchenko as a co-worker escorted her to her car after work. McAlpin allegedly slapped her and carried her down the street, saying: “You’re dead, bitch!” Melnitchenko escaped when a passer-by sprayed McAlpin with Mace. Melnitchenko suffered scratches to her face, prosecutors said.

— In October 2004, Melnitchenko failed to show up at the preliminary hearing in the case and could not be reached, despite what prosecutors described as “numerous attempts.” Upton said Melnitchenko was doubtless scared of her attacker and justifiably afraid of testifying. “If the system had sent a message it could protect her, she would have moved forward.”

— On Dec. 1, 2004, the case was resolved with a guilty plea and a sentence of one year in jail.

– In the spring of 2005, McAlpin was freed under a judge’s order that he attend domestic violence classes and come to court each month. He had progress reports in April, May, June and August, but failed to show twice, including this month. A judge issued a bench warrant for him on Oct. 13.

On Monday, the 24-year-old El Sobrante man was accused of murdering his ex-girlfriend, Anastasia Melnitchenko, 21, of San Francisco, and stuffing her body in the trunk of his Honda Civic.

Priority Areas

Practice Areas

• Domestic Violence Protection: BayLegal helps those needing to escape from dangerous or abusive home situations. Domestic violence survivors are assisted in stopping the violence and creating safe and stable homes for themselves and their families. BayLegal handles all family law matters related to domestic violence, including full legal representation in dissolution proceedings,** including obtaining support orders and protective orders, and also assists immigrant victims of domestic violence and victims of sexual assault.

• Economic Security:  BayLegal assists low-income Bay Area residents who need help getting or keeping their basic safety-net benefits. BayLegal helps people through direct legal representation, education, outreach, and also provides training to public benefits workers. BayLegal’s economic security work is designed to help families achieve basic economic self-sufficiency.

• Homelessness Prevention and Expanding Affordable Housing:BayLegal helps low-income Bay Area residents with housing issues. BayLegal staff works to prevent homelessness, preserve and expand affordable housing, and fight illegal evictions.

• Health Care Access:  BayLegal helps low-income Bay Area residents get the health care services they need. Attorneys assist people with enrolling in and obtaining uninterrupted services from health insurance programs.

Clients Served
In 2008, more than 70,000 people benefited from Baylegal’s services.

Funding
BayLegal is funded by a combination of government and private grants, as well as corporate, law firm and individual donations. We are the only organization in the Bay Area to receive federal funds from the Legal Services Corporation.

This (from their 2000 IRS 990 statement) describes the merger and who “Legal Services Corporation” is:

Bay Area Legal Aid (formerly San Francisco Neighborhood Legal Assistance Foundation) EIN #94-1650231 Details of Name Change

In 1999, the Legal Services Corporation consolidated six Bay Area service areas into one service area. The Boards of five programs obtained a $15,000 grant to consider a merger. A merger consultant worked with six entities: Community Legal Services, Inc. (CLS), Contra Costa Legal Services Foundation (CCLS), San Francisco Neighborhood Legal Assistance Foundation (SFNLAF), {{Judge Donaldson, founder}} Alameda County Bar Association, Legal Aid of the North Bay, Legal Aid Society of San Mateo County. By June of 1999, only CLS, CCLS, and SFNLAF remained in merger discussions and the Boards voted for merger. In November 1999, the designated new Board of Directors hired Ramon Arias to become the Director of the new program named Bay Area Legal Aid. SFNLAF was renamed Bay Area Legal Aid as the surviving corporation. A core of private attorneys from large law firms prepared the major documents and conducted a due diligence review of the program. Local bar associations designated new board members during the week of December 8, 1999, and on January 3, 2000 the new board held its first meeting.

Bay Area Legal Aid (BALA) is a California not-for-profit corporation that began operations on January 1, 2000. The Legal Services Corporation (LSC), a not-for profit corporation established by Congress to administer a national legal assistance program, primarily funds BALA. BALA provides specialized legal assistance in the areas of welfare, domestic violence and fair housing, among others, for very low-income residents of the San Francisco Bay area.

LSC-funded programs provide a wide range of civil legal assistance to their clients. The most frequent cases involve:

• Family law: LSC programs assist victims of domestic violence by obtaining protective and restraining orders, help parents obtain and keep custody of their children, help family members obtain guardianship for children without parents, and provide representation and assistance on other family law matters. More than a third of all cases closed by the local programs are family law cases.
• and….
• Who are helped by LSC-funded programs?

  Three out of four clients are women — many of whom are struggling to keep their children safe and their families together. Overall, the clients are the most vulnerable among us and are as diverse as our nation, encompassing all races, ethnic groups and ages, including the working poor, veterans, homeowners and renters facing foreclosure or evictions, families with children, farmers, people with disabilities, victims of domestic violence, the elderly and victims of natural disasters.

AND — get this:   “Board of Directors Profiles

From 2007-2009, Prof. Keckler was Deputy Assistant Secretary for Policy and Senior Advisor at the U.S. Department of Health and Human Services Administration for Children and Families where he worked on regulatory matters and oversaw networks of federal grantees providing billions of dollars of services to disadvantaged populations. In this role, he testified before Congress and led the United States diplomatic delegation to the Organization of American States Conference on Social Development.

Prior to his work with HHS, Prof. Keckler taught civil procedure and comparative law for two years at George Mason University School of Law. He began his academic career as a lecturer at Northwestern Law School. He previously practiced as an appellate and trial litigator with Mayer Brown in Chicago….