By Jorge Casuso

February 5 -- It isn’t often a judge hands down a paper bag lunch with a decision, but the ceremonial opening of Santa Monica’s Homeless Community Court Friday afternoon was no usual court date.

The four defendants who stood before Judge Bobbi Tillmon in the City Council Chambers – and the three who failed to show up – provided a preliminary glimpse of the successes and challenges facing the court.

Bankrolled with an initial $500,000 from the County and widely viewed as a model for the region, the court gives the homeless charged with minor crimes a chance to hook up with social services instead of going to jail.

But all of those who showed up to face misdemeanor charges ranging from possessing an open alcoholic container and urinating in public to rummaging through City-owned garbage cans and sitting on the Third Street Promenade already were getting help.

“I think it was a good start,” said former county supervisor Ed Edelman, the City’s “homeless czar.” “I think the community appreciates having people get on the road to alleviating their homelessness in the court.”

Edelman, who was the driving force behind the Community Court patterned after a similar venue he visited in Manhattan a year ago, acknowledges there needs to be a better effort to get the word out.

“We had people who were on a path to a future of success by getting treatment,” Edelman said. “Word has to get out. The public has to understand it, the County has to understand it.”

And, as some City officials who stood on the stairwell evaluating the day’s proceedings would add, so do the homeless.

The challenges were clear as soon as Judge Tillmon, a vase of flowers adorning her table at ground level, called the first defendant, John Patrick Lubben, who faced eight charges.

“He’s not present,” said Attorney Kerry Golub, a public defender for the County who represented the eight defendants on the calendar. “I have no way of urging him.”

Tillmon issued a bench warrant for Lubben’s arrest and set bail at $500 per case for a total of $4,000.

The second defendant, Bruce Eugene Nickerson, who also faced eight charges, also didn’t show up and was handed the same decision. Cynthia Renee Schroeder, who faced one count, didn’t show up, either.

“That’s a dose of reality,” a top City official whispered in the crowd.

So it was a relief when David Eugene Adams, a homeless man with a large moustache and glasses wearing a clean gray t-shirt, stepped up and sat next to the public defendant.

Judge Tillmon was pleased with the progress being made by Adams, who is living at Samoshel -- the homeless shelter next to the City bus yard -- and receiving help to overcome substance abuse at the CLARE Foundation.

“We have a very good report on your progress, and you’ve done work, so you will continue to participate at Samoshel,” Tillmon said. “You’ve made the effort, and it is apparent… We look forward to you’re continuing on the same road.”

Tillmon said she would dismiss the six cases for infractions in Santa Monica next month if Adams continues on his path to recovery. The City Attorney’s office, however, declined to dismiss the two citations issued outside Santa Monica.

Tillmon handed Adams a bag lunch and the crowd – which included City officials, homeless advocates, attorneys and the press – applauded.

The defendants who followed faced similar decisions. Billy Upchurch told the judge he was willing to participate in a program tailored for him. Upchurch agreed to live in a residential facility as part of the recovery plan for his substance abuse.

“You’re going to need to be assessed,” Tillmon told him. “The court is going to order that you do follow directions and do what you are told. By ordered, I mean that it’s not optional.”

The City Attorneys office agreed to have the three citations issued in Santa Monica dismissed, and the public defender requested that the judge dismiss the 16 other citations from West Los Angeles.

“Mr. Upchurch,” Tillmon said, “that is a very long list, but you are here because of your willingness to participate. These citations are numerous, but the court hopes they are a reflection of your past behavior.”

Tillmon will take the charges up next month “to see if you have been following the direction.”

Upchurch, too, was handed a bag lunch, the crowd applauded and he smiled.

Ronnie Earl Mosley and Eddie Thomas Romano, who are already hooked up with Santa Monica’s extensive homeless services network, also had the bench warrants for their arrest quashed and will return to court next month.

Public Defender Golub was pleased with the day’s proceedings. She had worked with the City Attorneys office to line up the cases, which also included misdemeanor charges for urinating in public, possessing less than an ounce of marijuana, camping illegally and failing to pay bus fare.

“The plan is to have them all dismissed when we know they are complying with the intervention,” Golub said.

Citations issued for riding a bicycle on a sidewalk or smoking in areas banned under City law would not be dismissed, Golub said.

All in all, Golub thought the first day in Homeless Community Court “went fine.”

“It went more smoothly than anticipated,” she said. “I think we’re working well together and have the homeless people’s best interest in mind.”

City officials agreed.

“I think it went well,” said City Attorney Masha Moutrie. “The defendants who attended are all committed to making a change. I thought the tone was a nice combination, distinguished but warm.”