Community Service: A matter of perspective

In our community we have many volunteers who give countless hours of their time and talents to make where we live just a little bit better.

Certainly, we have seen an amazing outpouring of generosity during the pandemic as members of our community have lent a helping hand to one another. As an example, food distributions sites have popped up throughout our community and that has made a profound difference.

A gentleman I know has provided community service as a volunteer at a local non-profit for several years. People have pulled up their vehicles while he was working and shout out, “Looks great! How much do you charge?” He tells them, “I’m just doing community service.” He shares with a smile, “Judge, they give me funny look, roll up their windows and drive away.”

Volunteerism is another word for community service. However, it seems that the term “community service” has a negative connotation, especially as it related to court-ordered community service. I would like to dispel that notion.

When a court orders community service, it is generally for one of two reasons: Either it is mandated as part of a sentence or it in lieu of paying fines and fees.

Several of our New Mexico statutes have mandatory community service as part of sentencing. For example, a first-time DWI has a requirement for 24 hours of community service, and the penalty for graffiti includes a mandatory 100 hours of community service.

On the other hand, if someone requests community service in lieu of fines and fees it is at a rate of $7.25 per hour, which is the current federal minimum wage.

In both instances, I see these not as punitive measures but as an opportunity to improve our community. Like volunteerism, these community servants make our community a little bit better.

I can share many stories where someone provided community service by order of a court but then continued that work long after there was any mandate to do so.

When it comes to the mandatory community service outlined in statute or by judicial discretion, I view these as a matter of restitution not as punishment. When someone drives while under the influence or tags a wall or business, the community is harmed. The community service in these instances serves to help make the community whole.

Very often, an individual will elect to use community service as means to paying court fees. I, for one, am happy with that outcome. Although these court fees do serve to fund various and important activities throughout the state, having work done in our community helps our neighborhoods directly. I am OK with that — more so when it helps to keep money in the hands of those that are struggling to make ends meet.

I am very thankful that our county commission continues to fund a county-wide community service coordinator that supervises community service ordered by the courts. During the COVID-19 pandemic, many non-profits and/or governmental organizations have restricted community service options. The county contracted community service coordinator has been able to continue to facilitate opportunities throughout the county and to help facilitate community service with organizations seeking that assistance.

Our community service coordinator is Mr. Buddy York. Mr. York is a Vietnam veteran, a recipient of the Silver Star for valor, a former superintendent of schools in Harding County, an author, currently a long-term substitute teacher and many know him as “coach.” He has supervised people on community service for many years, and beyond making a difference in our community in that way, he has served as a mentor to people in the program.

As a veteran, he has helped to encourage and direct community service participants, who are veterans themselves, to apply for both compensation and benefits. For others, he has written letters of recommendation that attest to both their reliability to show up for work on-time and to their work ethic. He has been incredibly creative in helping people with disabilities perform their community service and he has leveraged individual talents against community need.

This, in my mind, is how a community service program should work — one that helps people move forward, one that focuses energies on specific projects, one that builds people up and one that make no distinction as to why someone is there. Rather, it has the aim of improving where we live and work.

So, when you see groups of people working in a park, alongside a road or in other places within our community, be thankful that our community is being well served. Be thankful that the individuals are being given an opportunity to better not only our community but themselves. After all, community service — mandated or otherwise — is a good thing!

(Magistrate Judge John R. Chavez is the magistrate in Belen. He is a native of Valencia County and is a retired U.S. Army colonel.)