Arbitration program gives teens second chance

APRIL 5, 2012 2:25 p.m. (0)

Some teenagers who have their first run-ins with the law will get a second chance to keep their records clean.

The 13th Circuit Solicitor’s Office plans to start an arbitration program in Greenville County that will give some juveniles ages 12 to 16 a chance to stay out of court and keep criminal charges off their records. In exchange, they must admit their guilt, face their victims and allow a trained volunteer arbitrator to determine their punishment.

The program is designed to reach juveniles who find themselves in legal trouble for the first time for a non-violent offense – smashing mailboxes, fighting at school, shoplifting – before they get into more serious trouble that can land them in adult court.

“They are starting to do the things that lead to other bad things,” said 13th Circuit Solicitor Walt Wilkins. “Instead of having them stay a month at DJJ (Department of Juvenile Justice) where they learn to be a better criminal, we want to educate them, maybe scare them a bit, teach them there are consequences to their actions before they walk down the dangerous path running into a General Sessions charge.”

The victim in the case – if there is one – must agree to participate.

An arbitration hearing is held with the juvenile, the charged juvenile’s parents, the victim and the police officer. A volunteer arbitrator hears all sides and decides on a sanction: often the writing of an apology letter, restitution of up to $500, reading assignments and research papers, detention facility tours or community service.

The arbitrator, who receives 21 hours of training, can also order counseling or refer the juvenile to other services. If the juvenile doesn’t complete the program within 90 days, the case is referred to Family Court for prosecution.

The root of the problem is often lack of parental oversight, mixing with the wrong crowd or a traumatic event such as parental divorce or a death in the family, said Leisa Shea, juvenile arbitration coordinator in Greenville.

Often, juveniles simply don’t understand the consequences of their actions, said Jennifer Campbell, juvenile arbitration coordinator in Pickens County.

Recently, several juveniles were charged with blowing up the mailboxes of seven families. At the hearing, Campbell said the mother told the juveniles that a week after her mailbox was blown up, she and her small children were at the doctor’s office on what happened to be the day of the Columbine school shooting. When they heard the newscaster mention pipe bombs, one of the children asked if those were the kids who blew up their mailboxes.

“When they were told how frightened those little kids were, there wasn’t a dry eye around the table,” Campbell said. “They just didn’t think about how their actions affected other people.”

Last year 4,115 juveniles went through juvenile arbitration statewide. Of those, 85 percent did not re-offend within two years of completing the program, according to the DJJ Report Card for 2010-11.

In Spartanburg, 80 juveniles were referred to the arbitration program last year, which collected $1,500 in restitution and was responsible for 114 hours of community service. “It’s a great program because it helps resolve court-related conflicts without having to utilize the courtroom,” said 7th Circuit Solicitor’s Office spokesman Murray Glenn. “Court time is valuable and expensive.”

The 13th Circuit Solicitor’s Office is seeking volunteer arbitrators. Arbitrators must be at least 21 years of age, have a high school diploma or GED, pass a criminal background check and complete the training.

Those interested should contact Deputy Solicitor Andrew Culbreath at 467-8398 or by emailing This e-mail address is being protected from spambots. You need JavaScript enabled to view it to learn more about the program.