Lucinda Brown helped develop regional programs related to reinventing justice for about 25 years until her retirement in 2018, when it appeared that some of the programs might retire with her. However, Brown recently received word from the Northwestern District Attorney’s office that made her day. Northwestern District Attorney David Sullivan confirmed that his office is starting a District Court Restorative Justice Program in Franklin County, said Brown. Terms like reinventing, transformative and restorative justice are sometimes used interchangeably.
In the early ’90s, several locals attended a conference in Burlington, Vermont, hosted by the National Institute of Corrections.
“Tom Merrigan, Laurie MacLeod, Mark Fitzpatrick and I learned a lot at that conference,” Brown said.
Anyone familiar with certain aspects of Franklin County life will recognize those names as representing significant expertise in local justice systems. Brown said that questions raised at the conference were illuminating. “When someone’s been harmed, what do they want to see happen? When someone’s responsible for causing harm, what are their obligations? What’s the role of the community?” Brown recounted. “We were amazed at how these questions turned everything on its head.”
Around the same time, Massachusetts Supreme Court Chief Justice Paul Liacos launched a think tank to explore the future of justice in the commonwealth. Brown credits locals Diane Esser and Tom Merrigan as co-chairs of a local study group, which secured a grant to bring renowned restorative justice advocates to Franklin County.
“We had Judge Barry Stewart from the Canadian Northwest Territories, as well as Kay Pranis, the Restorative Justice Planner for the Minnesota Department of Corrections, and Harold Gatensby, a First Nations leader from western Canada,” Brown said. “We held three training sessions, changing the location each day to make them more accessible: Orange, Erving, and Greenfield.” Dozens of people showed up, according to Brown, including court system employees and regular citizens.
Judge Barry Stewart shared what he’d learned by flying in small planes to far-flung jurisdictions. “One place had fewer and fewer cases,” said Brown. “And Barry asked why.”
Indigenous leaders acknowledged that people from their community who were sentenced to incarceration generally returned from prison in even worse shape. This motivated community members to rediscover time-honored cultural practices of using talking circles designed to examine options for potential best outcomes. “That was a wake-up call for Barry,” said Brown. “He recognized that communities need to work some things out for themselves.”
Merrigan, the then-presiding justice of Orange District Court, wanted to give these concepts a try. “It started with four town meetings,” said Brown. “Over 700 people participated in Greenfield, South Deerfield, Orange and Shelburne. We especially wanted to focus on juvenile issues. Were there alternatives to ending up in court? Discussions led to changes like the adoption of mediation practices.”
Brown noted that the traditional court system was defined as requiring separation from the community to ensure impartiality. “The court system was like an entity with a moat,” she said. “Yet, since community problems end up in court, connections are undeniably important.” Initially, Brown’s role was to track data; she later took on other roles related to reinventing justice programs.
Retired Judge Laurie MacLeod said, “Lucinda was the backbone. The strength of her commitment kept things going for years. Many others were involved, but Lucinda was key.” MacLeod still has people approach her from time to time, “literally on the street,” to share stories about meaningful impacts restorative justice processes had on their lives. MacLeod now serves on the board of the nonprofit Foundation for Community Justice, which gives her the opportunity to continue to work alongside Brown, who is also a board member.
Brown credits people who contributed to the effort, including Karl Bittenbender, Dave Chichester, Ann Hamilton, Ross Gorman and Charlie Wall, who was then the president of Greenfield Community College. “People from around Franklin County who knew how things were done,” Brown said. “We learned that many issues stem from substance abuse. This was before the opioid crisis. At the time, it was mostly alcohol.”
Judge Merrigan learned of a Boston judge who had started a drug court based on the concept that courts have a responsibility to intervene with people who repeatedly reappear before judges due to substance abuse. “We wanted to cut down on recidivism and improve quality of life for people caught in those cycles,” said Brown. “Here in Greenfield, Judge Herbert Hodos started a drug court.”
Trial court administrators based in Boston initially resisted the idea. “They were up in arms,” said Brown. “We broke the mold. Fortunately, being regarded as far from the Boston hierarchy allowed us to try therapeutic responses instead of eking out judgment and punishment.”
Those successes were eventually noticed around the region. “The veterans’ court Judge MacLeod started in Holyoke demonstrated that we can break the wall of so-called impartiality and reduce recidivism by helping people change their lives.” Today, specialty courts exist throughout the commonwealth, all under the umbrella of Wellness Court, to deal with issues related to housing, mental health, veterans, juveniles, probate and families.
Jennifer Suhl, deputy district attorney, said that while the resumption of restorative justice in Franklin County is under different auspices than before, the mission remains identical. “They do what Lucinda was doing,” Suhl said. “We contract with a nonprofit organization, Communities for Restorative Justice (C4RJ), which has been used in Hampshire County. A grant now allows for implementation in Franklin County. Our push to make that happen was a result of Lucinda’s work and successes. It’s come full circle.”
Learning that such programs are again slated for Franklin County brought an enthusiastic response from Brown. “I’m thrilled!” she concluded. “Cultural change happens slowly. I focus on our area’s vibrancy and our successes in collaboration. The beauty of living a long time is looking back and seeing that some things turned out really well. We haven’t solved every issue, but we’ve made real progress.”
Eveline MacDougall is a Greenfield-based writer, musician, teacher and mom who has presented concerts and workshops in prisons and jails for 40 years. To reach her, email eveline@amandlachorus.org.