PRACTICAL WISDOM RULES IN WASHINGTON COUNTY

 

Practical wisdom is a concept identified by Aristotle as a fundamental method of achieving goals in our complex society. At its essence, practical wisdom is the essential human quality that combines what we learn over a lifetime with our empathy and intellect. As defined by the two authors of the book by the same title, practical wisdom includes: “the right way to do the right thing in a particular circumstance, with a particular person at a particular time.” (Practical Wisdom, Barry Schwartz, Kenneth Sharpe, 2010)

Recently, the Pennsylvania Auditor General’s Office released a misguided audit involving the collection of criminal fees and costs in the Washington County Court of Common Pleas. The background of this sordid tale, which reeks of ignoble actions and questionable motives on the part of the Auditor General, has unintentionally highlighted how practical wisdom can bring many different public and private interests together for the betterment of all.  Specifically, the audit presented us with a perfect example of how practical wisdom can work to better a local criminal justice system and ultimately a community. 

It all began on a recent Friday afternoon when the Auditor General called a news conference in Pittsburgh (to maximize media exposure) and made serious allegations against the Washington County judiciary. There was little advanced notice to Washington County officials of the bizarre audit findings and no attempt to correct clearly erroneous conclusions.

The primary allegation was that over a period of years the Washington County Judges have improperly permitted criminal defendants to perform community service in lieu of paying fines and other penalties. A cursory audit of a small handful of examples was extrapolated into 3420 cases to make the claim that Washington County and the State had lost $1.56 million because of the egregious actions of our local judges.

The after-audit response of both state and local officials was both swift and critical of the Auditor General and offered unqualified support for the Washington County judiciary.  The Commonwealth’s Administrative Office of Pennsylvania Courts (AOPC) immediately issued a statement to the press that the audit “provided an incomplete and distorted picture of the community service program” that has operated in Washington County for the past 25 years. The statement said the program of sentencing indigent defendants to community service to “work off” their fines and court costs is consistent with state law.

The statement went on to say: “In the last three years alone, this program has provided services valued at nearly $600,000, representing more than 82,000 hours of work performed in public buildings, parks, churches and other non-profit organizations located only in Washington County.” AOPC criticized the Auditor General for “infringing” on the court’s authority to interpret the law.

County Commissioner Chairwoman Diana Irey Vaughan, although not directly involved in the judicial process, praised the County’s community service program. She noted that the program has offered both nonprofits and municipalities countless hours of needed assistance.

Several days later, Washington County District Attorney Gene Vittone issued a statement critical of the audit. He echoed the AOPC findings that the state audit was legally flawed and had misquoted the statute cited by the Auditor General. The District Attorney went on to point out that Washington County had adopted an “on point” local rule of criminal procedure without objection from the Commonwealth. The local rule specifically permits defendants to perform community service as a punishment option in lieu of court fines and expenses.

Vittone went on to refute the other argument made by the Auditor General that our local judges were not holding evidentiary hearings to determine indigency before permitting community service. He pointed out that the Pennsylvania Superior Court made clear in a recent opinion that such time consuming hearings are only required in cases of contempt when defendants fail to make proper payments.

Aristotle in his classic work Nicomachean Ethics concluded that practical wisdom is not about developing inflexible procedural rules. Rather, good government entails public officials being able to provide a beneficial social practice. This means figuring out the right way to do the right thing in a particular circumstance. In exercising practical wisdom, our leaders must be smart, but also have empathy if they are to act with wisdom toward others who are less fortunate.

As District Attorney Vittone points out in his statement: “One of the key goals of our criminal justice system is to rehabilitate non-violent offenders…..Drug Treatment Court was done in order to permit participants who were working to resolve their substance abuse issues the ability to work off many years of prior criminal case court costs. In this way, participants are given a fresh start. Since then, Washington County has created many specialty courts which serve defendants with different needs.”

Frankly, in over 45 years as a lawyer, I am unable to remember a better example of practical wisdom in action. First, a local nonpartisan effort by elected officials, judges, human service representatives, municipalities and non-profits all working together to think outside the box. Second, a holistic system that permits nonviolent criminal defendants to address their issues, give back to the community, develop a sense of pride and avoid languishing in jail.

The State Auditor General and the obstreperous clown car objectors who run the antiquated Row Offices are way out of bounds.  Washington County is an over-the-moon winner and deserves accolades for employing practical wisdom in its community service programs.