A Local Circuit Court Judge's Take on Direct File

Circuit Court Judge Gary Bergosh weighed in on several interesting topics during a morning radio interview yesterday on AM 1370 WCOA.

A big topic of discussion was the issue of direct file for certain juvenile suspects into the Adult System. This issue created a bit of consternation on the Board of County Commissioners last week as a resolution in support of eliminating direct file was passed by the BCC by a 3-2 vote.

Additional issues were discussed as well, to include the recent Parkland massacre.

Listen to the interview here

Back to Back to Back Radio Interviews...2-14-2018

In the lead up to the all-important vote on the NFCU 9-Mile Road overpass at yesterday's TPO meeting, I was interviewed on 1370WCOA, AM1620, and WPNN AM790.

The discussions were focused mainly on the TPO's vote to move forward a solution for easing traffic on 9-Mile Road--which subsequently passed at the TPO meeting in Gulf Breeze.

Additionally, the Hope Scholarship was discussed, as was the proclamation the board will be voting upon to urge an end to "direct filing" some youth directly into the adult criminal justice system.

The interviews can be heard here (1370 WCOA Interview) and here (AM1620 interview)

The WPNN Interview will be aired on Thursday morning, February 15th, at 6:00AM and 7:00 AM

Direct File of Juveniles in Escambia County, Part II: What are the Crimes Committed that Lead to This?

As I described in part I-there is a movement afoot to have the Board of County Commissioners step out of our lanes and support a proclamation urging the legislature to end the practice of "direct filing" certain youth offenders into the adult criminal court system.

The BCC will vote this proclamation up or down tomorrow night.

I have met with some community members that are urging us to support the proclamation against direct filing.

The city council recently voted 6-1 to support an end to direct filing.

I have done some significant research into this issue and have requested information from staff about the specific types of crimes committed by the last 20 Escambia County youth that have been direct filed to the adult system.

This isn't a 14 year old shoplifting an apple from Publix, this isn't two 15 year olds getting caught smoking weed, and These aren't 13 year olds stealing bikes from school..  Nope, these youth, the ones that are actually direct filed, have committed (allegedly) some very serious crimes.  In the photos below, you will see the last 20 youth direct filed into the Escambia County Jail, their ages and charges. (Although not required to do so, I have redacted their names.)  These are serious charges, and this does not include any previous offenses these individuals may have committed....

Direct File of Juveniles in Escambia County, Part I

On average, fewer than 20 juveniles per year are sent to Escambia County's Jail (from staff records request)

Tomorrow at the regular Board of County Commissioner's meeting, we have been asked to consider supporting a proclamation advocating an end to the practice of "Direct Filing" in Escambia County.

Direct Filing occurs when the State Attorney decides that a crime committed by a juvenile rises to the level that the perpetrator should  be sent directly to the adult criminal justice system.

There are guidelines that outline the type (s) of crime committed, along with the age of the perpetrator, that lead to a direct file to the adult system.

Some local civil rights/criminal justice activists believe the County Commission should send a proclamation to the legislature urging an end to this practice.

I have received multiple form-letter emails like this one:

"February 14, 2018

Jeff Bergosh

Escambia County Commissioner, District 1 FL

 Jeff Bergosh:

I am writing to thank you for considering a resolution that would affirm the county's support of treating children as children and keeping them out of the adult criminal justice system whenever possible. On Feb. 8th,  the Pensacola City Council voted "YES" to passing important reform to make our juvenile justice system more equitable, and I'm asking that you do the same on Feb. 15th.

Please follow the Pensacola City Councils’s lead and vote to end direct file.  Unlike the adult system, the juvenile justice system is designed to rehabilitate, and children are required to receive education services and remain close to their families. Children who remain in the juvenile court system are less likely to re-offend in the future, which keeps our communities safer and results in better outcomes for our youth. But it is bad for public safety and children's well-being to confine youth in adult jails, where they are far more likely to be physically and sexually assaulted or to commit suicide.

Our judicial district transfers more children to adult courts than any other in the state. It's time to make a change.

I hope you will vote "YES" on Feb. 15th on a direct-file resolution and support safer communities and better protections for our children.

Sincerely,

XXXXX  XXXXXXX"

Since this is coming tomorrow, I have spent some time looking into the issue and asking questions and I look forward to discussing this issue tomorrow with my peers.