Judge almost shuts down the city’s Kensington wellness court over mounting frustration with Parker administration, sources say

The city’s new Neighborhood Wellness Court initiative has been placed on hold amid growing concern from the leadership of Philadelphia‘s courts and judges’ mounting frustration with the city officials tasked with overseeing the program.

Wellness court, which Mayor Cherelle L. Parker’s administration launched in January as a fast-track way to arrest people in Kensington for drug-related offenses and get them into treatment, has not taken any new cases over the last three weeks, city officials said.

Supervising Municipal Court Judge Karen Simmons was nearly ready to shut the program down over frustration with the lack of coordination and communication from the Parker administration with the courts and other city agencies involved, according to sources with knowledge of conversations about the program.

Simmons was concerned that the city was treating people arrested in some neighborhoods differently from others, and that there was inconsistency in how the program was tracking its data and determining who should be eligible for treatment, according to the sources, who spoke on the condition of anonymity to discuss private conversations.

Simmons ultimately gave the city time to fix those issues, asking that officials put together a written manual and streamline the paperwork and intake procedures to ensure fairness, the sources said. The city is expected to make those adjustments so police can resume making arrests and bringing people through the program next week.

A spokesperson for the courts declined to comment and referred questions to the city.

Chief Public Safety Director Adam Geer, who oversees the city office that runs wellness court, said the delays were related to “administrative protocols” that needed to be resolved but declined to provide specifics.

Geer said that he expects the program to return to normal operations next week and that the city “is fully committed to successfully implementing and sustaining the Neighborhood Wellness Court model.”

Joshu Harris, the city’s deputy director of public safety, is no longer overseeing the program‘s operations, the sources said, and Deputy Mayor Vanessa Garrett Harley is now involved.

“As with all new pilot programs of this kind, adjustments will continually be made to improve operations as time moves forward,” city spokesperson Joe Grace said Thursday.

The pause comes amid long-simmering tension between the courts and the city over how the program was launched, sources said. Leadership of the Philadelphia District Attorney’s Office, the Defender Association of Philadelphia, and even the judges tasked with overseeing the court were largely excluded from the city’s plans for the program and how it would operate, sources said. They have felt like the Parker administration did not want their input.

That conflict spilled into open court this month. Municipal Court Judge Henry Lewandowski III, who has presided over most of the wellness court cases so far, said at a hearing in early April that certain politicians in the city think they can “just wave a wand” and fix Kensington’s long-standing drug problems.

“I care way more than they ever will. They’re fake,” he said, adding that officials are trying to build new programs just so they have something to take credit for.

“If I said what I wanted to say,” he said, “I’d have to resign.”

His frustration was clear again Thursday as he oversaw more than 100 summary offense cases, most for fare evasion amid SEPTA‘s new crackdown on turnstile jumping.

“Who knows what program they’ll start by next week,” he said. “Every Wednesday, there’s new stuff, new programs, new procedures. … I’ve never been more confused, I’ve never been more uncertain what my job is.”

Wellness court is a signature part of Parker’s plan to shut down Kensington’s notorious open-air drug market and restore quality of life for neighborhood residents.

The court runs on Wednesday afternoons. First, in the morning, police conduct sweeps of the Kensington area and arrest people in addiction for offenses like sleeping on the sidewalk, gathering around an outdoor fire, or stumbling into the street. They are typically charged with summary offenses like obstructing highways.

Those arrested are then brought to the Police-Assisted Diversion program building on Lehigh Avenue, where they are evaluated by a nurse and an addiction specialist. Officials also attempt to address any outstanding arrest warrants, and connect them with a court-appointed attorney hired by the city to discuss their rights.

Finally, they are brought before a judge — Lewandowski has heard most cases so far — inside the nearby police district. They are offered the opportunity to immediately go to rehab or face a summary trial for their alleged crimes. Those who opt to go into treatment and complete the program and terms set by the city will later have their cases dismissed and expunged.

Few in the program have asked for a same-day trial. Those found guilty have so far been ordered to pay fines and court fees ranging from about $200 to $500.

Of the more than 50 people who have come before the court so far, only two had successfully completed treatment as of early April, according to data collected by The Inquirer. The vast majority brought through the program almost immediately leave treatment and do not appear at follow-up hearings, the data show.

The city has declined to share data on wellness court, including with City Council at a recent budget hearing, saying that it is too early to judge the program on numbers alone and that more time is needed to see results.

But the Parker administration said it wants to expand the court and needs more funding for it to succeed. At a recent budget hearing, Geer asked City Council for an additional $3.7 million to operate the court five days a week and hire additional staffers.

The goal, Geer said, is to build a system where people suffering on the streets can immediately be connected with treatment and resources, avoid going to jail, and get housing through the city’s new Riverview Wellness Village. Geer has said that the program will never have a 100% success rate, but that every “touch” the program has with people in addiction increases their likelihood to eventually go into treatment.

But the First Judicial District has said wellness court will not be expanding anytime soon, according to sources.

Civil rights advocates have raised constitutional concerns over the program. In a letter to the Parker administration, the Pennsylvania chapter of the American Civil Liberties Union said the program could pose a threat to drug users’ rights and questioned whether the city could force people to make consequential legal decisions while potentially under the influence of narcotics.