Community Conscience Advocacy
Livable Communities, Bottom-Up Government & Responsible Civic Action
A Proposal and a New Paradigm
Section 1

Section 1 ... Overview
Section 2 ... Requirements
Section 3 ... Activities
Section 4 ... Livability
Section 5 ... Case Study

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Section 2
Section 3
Section 4
Section 5
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CCA Activities
Spiritual
  o Self-development
  o Personal contact
  o Preserve community integrity

Material
  o Coordinate support for special needs
  o Knowledge of public assistance services
  o Knowledge of tradesmen and merchants
  o List of gardening resources
  o Common interest
  o Common dining
  o Common workshop
  o Community gardening
  o Neighborhood watch
  o Green space maintenance
  o Community-wide landscaping
  o Interfaith dialog
  o Education
  o Mind-body development

  o Fund raising
    o Sister community outreach
  o Legalities

Legal-judicial
  o First line interface to courts;
     personalize application of the law.
  o Personal contact with officials
  o Character assessment and testimony
  o Introduce community considerations
     into civil litigation
  o Fine mitigation
  o Sentencing advice
  o Support for family of jailed
  o Legal fund
  o Formal laws optional

Legal-legislative
  o Bridge community and lawmakers
  o Lobby for long-term livability
  o Environmental lobby: connected
     green space; noise reduction
  o Spiritual lobby


Section 3
Activities

More about Permanent Advocate 3.1 CCA Activities .... Overview

Below are listed the activities of the CCA grouped into five categories: spiritual, material, common interest, legal-judicial and legal-legislative. A committed, full-time advocate is preferable, but if support funding is not sufficient, it may be necessary for the CCA to work a second job, in which case the advocate duties would have to be handled on a part-time basis. A single CCA should be able to manage about 500 households on his own, depending on the nature of the community, the type of activities, the geography, and the amount of volunteer support. Given enough resources, it's also possible (and desirable) that there be more than one CCA in a community. There could in fact be many people involved in community activities, including others who practiced a spiritual development program, possibly in groups.

Regarding accountability, the CCA position is designed to be self-monitoring. The permanence of the community, the stability of the population, the fact that the CCA is committed to residing in that locale – all of this contributes to he or she being available to serve the community basically all the time, and for a very long time (ideally for a lifetime). Also, the close relationship with government officials, the continual interchange between them, and his continual contact with members of the community ensures that people are aware of the CCA's role. Part of the CCA's job is to create and maintain a peer group for himself. In essence he is working to keep others interested in what he has to offer.

The overall effect of these activities is to create back-pressure on the governmental bureaucracy. Not destructive pressure, but constructive involvement. It's a natural extension of democratic principles; bottom-up, participatory government by responsible, evolving citizens who create a growing, evolving society.

More about Practical Spirituality 3.2 CCA Activities .... Spiritual

1. Self-development

(a) Maintain a routine:  Maintain his/her self development routine. Coordinate group practice in the community if there are others who practice the same technique (e.g., TM-Sidhi – see section 3.4-9). Maintain a knowledge of which spiritual and mind-body development methods (meditation techniques in particular) are well researched, well instructed, and effective. Know how to contact (possibly through the CCPA) qualified instructors who can work with community members, and understands what they require of their students.

(b) Handling consciousness:  Spiritual in this discussion means expertise in handling consciousness (i.e., the basis of thinking, the basis of the mind). Such expertise may or may not be associated with a particular religious practice. It's not necessary that all community members have the same self-development program, or that they all follow the same religion (or any religion), but individuals should be consistent with whatever programs, routines or faiths that they practice. The most important spiritual activity of the CCA is to keep up with his own program and to maintain his own good physical and mental health.

(c) Knower, process of knowing, known:  The importance of the spiritual aspect of the CCA program cannot be overstated, but the notion of a mental exercise, practiced individually, that would bring about benefits to the community as a whole, is not something that the average person can readily fathom. Especially given the general confusion about what spirituality means, and the mostly erroneous ways that the term "spiritual" is commonly used. It's an elusive thing; a subtle but deeply profound aspect of life itself. It's the basis of man's existence. Intellectually we can describe it as a threefold structure: the one who knows, what it is that you know, and the way you know things – observer, observed and process of observation. Spirituality involves the observer observing himself ("know thyself"). But this definition is not in any way satisfying unless you have experienced the reality of it. That's what meditation is supposed to give you.

2. Personal contact:

Establish cordial relations and keep in contact with community members who show an interest in the program. Coordinate neighborhood activities. For those who don't express an interest, at least extend an invitation. The CCA should maintain a confidential database of residents and spouses, families, addresses and contact information, and ideally should have some familiarity with the occupants of every household. Contact should be friendly and informal, but there should also be some intention to understand the character of households and of individuals, with the idea that the CCA might have something positive to contribute to the residents – or conversely, be able to take back something positive from them – material, spiritual, educational. Particular attention should be given to children and young adults in this regard. The exchange of good character traits among community members should be regarded as integral to an overall spiritual development process for the entire group.

3. Preserve community integrity

(a) Multigenerational continuity: Monitor the state of the community – physical and spiritual. Work to maintain and improve on the minimum community requirements (see Section 2.5). Keep the residential environment attractive and eminently livable. Encourage community members to stay where they are when they retire, and to leave their homes to their children (or to other community members) when they pass away.

(b) Selective approach: The CCA should keep in touch with local real estate agents. He should let them know that he and other community members would like to meet with sellers before they put a home on the market and with potential home buyers before they sign a contract. In the case of renters, you would want to meet with them before they sign a lease, and to encourage the landlord to find tenants who were interested in a long-term arrangement – people who, if they did eventually buy a home of their own, would look for property in the present community. An effort should be made to explain to people who are selling or renting homes why a selective approach to new membership increases the value of their properties; how it makes the community more exclusive, and the entire area more desirable. The CCA should be welcoming to all potential newcomers, but at the same time he should make it clear that the community has something special to offer; that they would like to preserve the community's attractiveness, coherence and spirituality for future generations.

(c) Welcome the less wealthy; counteract anonymity: The community should be careful lest it become an enclave of the reclusive rich. Less wealthy individuals and families should not be discouraged for their lack of money. It may even be possible to arrange financial assistance for folks who are good candidates, but who may not have the resources to purchase property. The idea is to treat all new residents not merely as anonymous strangers who happen to live next door, but as permanent members of an established, community conscious group. The community may even want to explore the possibility of writing covenants in this regard. Similar to maintenance covenants that are attached to properties, these could perhaps be termed covenants of spiritual integrity. They may or may not be legally binding. The main thing is that residents can have a tangible, material representation of requirements that are already implicitly understood.

3.3 CCA Activities .... Material

1. Coordinate support for special needs: Is aware of community members that have special needs: the elderly, children without parents, parents with special needs kids, parents without partners, women who require support, people with disabilities, people with particular medical conditions. Depending on the desires of individuals, the CCA could coordinate help from within the community if possible, or work personally with folks who needed assistance with specific tasks. Examples might be tax returns, bill paying, property maintenance, dealing with local tradesmen, etc.

2. Knowledge of public assistance services: Maintain a list of public and private services that are available to local residents, such as for youth, the elderly, the disabled, the poor, migrant workers, the homeless. Food pantries, clothing lockers, thrift stores, health clinics, after school programs, transportation service, housing, legal aid, churches, etc. If necessary, lobby on behalf of community members who apply for help, and coordinate with support agencies to connect the resources with the people who need them. Conversely, support agencies can use the CCA as a point of reference should there be some question about whether an applicant is deserving.

3. Knowledge of tradesmen and merchants: Maintain a list of reliable tradesmen, repair shops, retailers and markets, plumbers, electricians, landscape and lawn service, car repair, carpentry, handyman service, computer repair, lawyers, doctors, dentists, veterinarians, domestic help, etc. An effort should be made to promote local artisans and locally owned businesses, especially those who live in the community.

4. List of gardening resources: Maintain knowledge of where to find locally grown and organically grown produce, including food co-ops, farmers markets, farm stands, CSAs and neighbors who share what they grow. Also: suppliers of seeds, fertilizer, equipment, gardening tools and services available from local experts such as nurseries, 4-H and cooperative extension services.

3.4 CCA Activities ... Common Interest

1. Common dining: Establish one or more locations where community members can dine together. This could be a private home, a separate facility, a nearby place of worship or a restaurant that caters to the community. For meals in private homes, coordinate community volunteers to buy food, prepare meals and wash dishes.

2. Common workshop: Establish a workshop area, such as a garage or barn, where community members can work on projects that can't be done in their homes. Depending on the resources available, this might include having a supply of tools, supplies, benches, equipment, etc.



More on Integrated urban ecology - Connected Green Space 3. Community gardening: Establish a community garden and coordinate volunteers for gardening activities. The garden should include ornamentals – including flowers for cutting, such as dahlias – as well as herbs and vegetables. Organic methods are desirable. If there is enough interest, enough land and enough people do to the work, the CCA should look into setting up a Community Supported Agriculture arrangement, where contributors purchase yearly shares in return for a periodic delivery of produce from the farm.

4. Neighborhood watch: In communities where there is crime – thefts, vandalism, trash dumping, etc. – the CCA should organize a neighborhood watch and patrol (walking or driving). Community volunteers, including teens and seniors,

   
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should do the patrolling. If necessary, activity should be coordinated with local police. When events occur that should be brought to the attention of the community, the CCA should alert the neighborhood by e-mail, phone, or flyers. Such alerts would cover not just criminal activity, but things like pending legislation, clean-up days, lectures, etc. The CCA should also hold periodic community get-togethers for informal, informational exchange about matters of common interest.

5. Green space maintenance: Recruit and manage volunteer support for the maintenance of adjacent trails and green space: trash removal, brush trimming, pruning and removal of fallen limbs, mulching, controlling invasive species. Also, construction of walkways where necessary. Coordinate trail maintenance with state, county or municipal park service.

6. Community-wide landscaping: Promote community-wide coordination in the design and maintenance of landscape. Trees in particular should receive special attention with regard to placement, pruning or removal. If there is enough expertise among community members, a committee should be formed to oversee the landscape of the community as a whole – as a single aesthetic and ecological concern – including water drainage, native plantings, sun and shade. Home owners should be encouraged to seek advice from the landscape committee in coordinating their landscape plans with the properties around them.

7. Interfaith dialog: Participate in interfaith and ecumenical initiatives. If possible, organize forums and invite local clergy. Attend service at local churches and other places of worship (where permitted). Establish friendly relations with local priests, ministers, pastors, rabbis, etc. Promote the CCA program to the clergy with the idea that some clergymen might have an interest in becoming CCAs themselves.

8. Education: Coordinate visits and talks by lecturers – including preventive health practices, cooking and nutrition, environment, pest control, organic gardening, infant and child care, resource conservation and other areas of community interest. Consult with the CCPA for help in identifying qualified experts, especially teachers of techniques for spiritual development, including meditation.

More about Practical Spirituality 9. Mind-body development: The CCA should endeavor to become familiar with effective, well-instructed, spiritual, mind-body or self-development practices, such as those used by indigenous and religious groups. One practice that should be considered is Transcendental Meditation (TM), including the advanced TM-Sidhi program, as taught by His Holiness Maharishi Mahesh Yogi – a sage of the indigenous Vedic tradition of India. (For examples of other programs that are available see: www.SpiritualNeighborhood.org/resource3.htm)

10. Fund raising: Establish a general community support fund by soliciting donations from community members. Find a treasurer to manage donation accounts. Donations would pay for equipment and supplies used in the activities listed here: dining, community gardening, green space maintenance, etc. Other uses of the community fund could include fine mitigation (see Section 3.5-5), lecture fees for visiting experts, grants and loans for spiritual training, and charitable assistance. If enough resources are available, it might be possible to access the fund for things like rent help, emergency loans, etc. The community could also look into group health, disability and dental insurance – pooling resources and liabilities to lower the premium payments.

11. Sister community outreach: In well-established communities the CCA should endeavor to connect with communities elsewhere (possibly including other countries) who want to share knowledge and resources – similar to the "sister city" program of larger municipalities. If the community is well enough off or has excess resources, the CCA should identify groups (such as less wealthy CCA communities) that could use charitable assistance.

12. Legalities: If necessary, the community group should be formally established as a legal entity including incorporation as a nonprofit, if appropriate, with by-laws, offi-cers, tax ID, etc. The CCA should manage this task, securing legal assistance if necessary.

More on New Judicial Paradigm, Procedures 3.5 CCA Activities .... Legal-Judicial

General

  • Personalize the law; let enforcement take individual circumstances into consideration.
  • Negotiate rather than litigate. Keep cases out of court whenever possible, including
    criminal cases.
  • Initiate a new judicial philosophy: substitute education for
    punishment; prevention for reaction.
  • Elevate the importance of character assessment; install a mechanism
    by which character testimony can be accurately offered.
  • Mitigate sentencing in consideration of community and family impact.
  • Generate community back-pressure on police, prosecutors, jailers, judges.
  • Balance letter-of-the-law mentality with spirit-of-the-law consciousness;
    put humanity back into the judicial process.
  • Let communities take responsibility for their membership.
  • Open up lines of communication between citizens and jurists;
    balance strict formality with friendly informality.
  • Neutralize the effect of money in the judicial process.

1. First line interface to courts; personalize application of the law

(a) Consultation and mediation: The CCA should serve as a first line interface between the court system and the community. If there is a legal action being considered by the government against an individual, the government official (inspector, prosecutor, investigator, etc.) would contact the CCA in the community where the party resides before the action is initiated. An informal consultation should take place. Depending on the circumstances, the CCA might be able to mediate a settlement. If there is a minor code violation, for example, the CCA may be able to arrange for the party to correct the infraction before court action is taken, or to convince the responsible agency to simply refrain from, or postpone, enforcing the code in a particular situation.

Examples:
(i) A motor vehicle that doesn't pass inspection. If the community member can't afford to correct it, but the vehicle is vital to him for his job, or for family or community support, the inspection agency should defer to the CCA's judgment in handling it.
(ii) A cop encounters some unruly teens – drinking, say. Before filing charges against the youths, he should see if the CCA in the community knows them, and knows what the most effective course of action might be – say perhaps, to get the parents, or the principal, the minister, etc. involved.
(iii) An undocumented immigrant on an errand is pulled over for a minor traffic violation. The person is working for a community member – say, as domestic help. The police officer should contact the CCA about it. If the CCA is familiar with the household, he or she may be able to arrange to retrieve the car, finish the errand, and give the person a ride home. The CCA would later worry about whether follow-up was needed to establish some kind of legal status for the worker.

(b) CCA objection: If it's a more serious case, or one that can't be mediated, and the CCA has reservations about the merits of the pending action, he would express them to the official – verbally or in writing if necessary – and the action should be delayed until more information is gathered. Ideally, the CCA would have developed sufficient knowledge of the community such that he or she could offer relevant information about any case, criminal or civil. It's possible that the CCA would already know that the party in question was not likely to be liable based on his understanding of the person's character and prior contact with the household (see the case study in Section 5). This would preclude the need for an investigation. Moreover, the CCA could object to an action (or favor it) based on an assessment of how the action would affect the welfare of the community as a whole. He may in fact want to consult with other community members before approving an action. A cohesive community would be more severely impacted by an action against a community member than would a typical, anonymous urban/suburban enclave. The underlying principle is that when one person is harmed – say, for example, by a punitive court action – it hurts everyone.

(c) Speaking out: Note that input from the CCA would not be limited to defense. He or she might also be able to point out events and parties of interest that prosecutors should look into. Examples could range from polluters to poachers to burglars. Moreover, if there are violations of good conduct, regardless of whether a law is broken, a CCA should not hesitate to speak to the person independent of any government action. Not with the intention of bringing charges or filing a lawsuit, but to simply express his and the community's concern about the matter. This would apply not only to community members, but also to merchants, vendors and tradesmen who serve the community. If, for example, there were a resident whose dog was continually getting loose, an employer who mistreated an employee, or a merchant who was cheating his customers, the CCA should approach the party involved and speak to him privately and unofficially. This direct, personal approach should be used with young people as well – especially kids who do not appear to have good parental supervision, or who are clearly getting into mischief.

(d) Override of CCA objection: If a government official decides to proceed with an action against a community member over the objections of the CCA, this fact should be formally recorded, and brought to the attention of the court and the community.

2. Personal contact with officials

The CCA should have consultations with judicial officials, including police, prosecutors, inspectors, commissioners and judges, on a regular basis regardless of whether there is an action pending. A CCA should not have to go to extraordinary lengths to reach such officials – he shouldn't need to file a formal petition to get their attention, or stand in line when a public forum is held. Rather, the officials should seek him out. They should arrange informal discussions between them – on the phone, or preferably in person – at least monthly. Moreover, officials should make a point of paying a personal visit to the communities under their jurisdiction on occasion. Not on official business, not to conduct an investigation, but simply to exchange greetings with CCAs and community members; to shake hands, make eye contact and discuss the state of the community and the state of the world. This should apply to local, state and federal officials alike.

More about Permanent Advocate 3. Character assessment and testimony

(a) Conflict creates confusion: People who participate in trial proceedings – lawyers, juries – are often in the dark about which of the parties is telling the truth. Much time, money and effort is spent in conducting investigations and taking testimony in order to separate fact from fiction, and the efforts are not always fruitful. Moreover, in order to justify their own views, attorneys for both plaintiff and defendant exaggerate their client's position, leveling irrational attacks on the opponent. The extreme bias of the lawyers is unavoidable because of the adversarial system of adjudication that we use. Much confusion arises when such deeply polarized, starkly conflicting arguments come from people who were presumed to be perceptive and intelligent.

(b) The key importance of character: More often than not the truth of a case rests on one key point: what kind of people are involved – who exactly is the defendant (or the accuser), what is his or her background, what sort of character does he have, and can he be trusted? This is where input from a CCA comes into the picture. Being able to accurately judge character is an uncommon ability, but it's something that a CCA works on. It comes with spiritual growth, and can be developed to a very high degree – to the point where one person can actually read another's thoughts. Moreover, the CCA would possess particularly good knowledge about the background and behavior of people who live in his community. It's part of his job (see Section 3.2-2). Ideally the CCA would have cultivated a friendly familiarity with the household of the party in question – interacting naturally with him over an extended period of time. Special abilities aside, he would certainly be in a much better position to assess character than lawyers, judges and juries, who have perhaps a few days to make their observations. (See Sections 5.4, 5.5)

(c) Input from the CCA: In cases where an accurate character assessment is important to determining the truth, the government should apply to the CCA for testimony. Such testimony should be sought as early as possible in the adjudication process – preferably before the party is indicted (or, for plaintiffs, before charges are filed). Even if litigation has begun, there should be some opportunity for input from the CCA no matter how far the case has proceeded. The CCA's testimony should be regarded as coming from an impeccable source – one who has only the best interests of his or her community in mind – and should be weighted at least equally, if not more heavily, than other evidence and testimony.

Conversely, the CCA could offer damaging testimony about a defendant (or plaintiff), if he had had occasion to observe negative elements about the person's character in the past.

(d) Character of prosecutors, attorneys, judges, witnesses: From having regular contact and communication, it's possible that the CCA would have also developed an understanding of the character of the prosecutors and other officials (including judges) who were handling a case. If he sensed that a government official was not initiating an action out of genuine humanity and responsibility for the welfare of the community, but instead acting out of vindictiveness or aloof, letter-of-the-law coldness, the CCA should be afforded the opportunity to offer input to the court about his observation.

It's also possible that the CCA could offer testimony about the character of a defense attorney – good or bad – if there had been sufficient interaction between them.

Finally, a CCA could testify about a potential witness, if that witness was a community member and the CCA knew him well enough.

In all cases it's preferable that the CCA be consulted before any legal action is begun, but should be allowed some opportunity for input no matter how far the matter has proceeded through the court system.

(e) Discretionary involvement: The court, the defendant or the plaintiff (or their lawyers) can request that the CCA offer character testimony, but the CCA should not be compelled to testify. There should not be a subpoena issued, rather the request should be in the form of a letter, fax, e-mail or phone call. It should be up to the CCA's discretion whether he wishes to become involved in the case. If he does choose to offer testimony, he would let the court know by letter, fax or secure e-mail, and whatever formalities that are required for his appearance can follow. It's preferable that the CCA appear in person if he does testify.

(f) Incline towards the positive: There are always good and bad things that can be said about the character of any person, as we all have the full spectrum of human qualities within us. But whenever character information is offered, the CCA should incline towards a positive assessment rather than negative. In cases where the testimony might be damaging, the CCA should be cautious about getting involved; he should keep his silence unless there are compelling reasons to speak. It's difficult to say what those reasons might be, as each circumstance will be different. It would generally have to do with the welfare of the community family. Note that "family" is the appropriate term to describe the relationship between the CCA and his neighbors. It's not that a family member – or neighbor, as it were – is immune to criticism, rather the fact that he or she is looked upon as a family member tempers the CCA's judgment. It adds an element of forgiveness to it. Forgiveness goes hand-in-hand with responsibility. It's a key element in the CCA's approach to his job as an advocate.

More about Practical Spirituality (g) Intuitive methods: The CCA's character assessments are going to be judgment calls – personal observations that generate shades of gray rather than black-and-white determinations. The foundation for the judgment will be factual and material, but there will also be some degree of intuitive knowledge, of subjectivity, that comes into play. Intuition about the person in question, intuition about the effect of the testimony on that person, and intuition about the effect on the future of the community. Intuitive ability is not easily measured by objective means. There are methods of divining knowledge that can aid intuition, but the basis of these is always going to be the clarity and intuitive ability of the practitioner. Clear intuition is inborn in some people, but more commonly it's a skill that comes with self-development, or spiritual growth. Maintaining this sort of growth is perhaps the most important part of a CCA's job.

The attached case study (see Section 5) illustrates how a character determination would come into play, and the input that a CCA might offer about a defendant in a criminal matter.

4. Introduce community considerations into civil litigation

(a)
Lawsuits mean community failure: Lawyers and court savvy businessmen have no compunction about using the judicial system to settle their disputes. The threat of court action is simply another weapon in their competitive arsenal. But from a community standpoint when a matter must go before a judge, it signifies a breakdown in the normal functioning of social structure. A lawsuit between community members means that the community in general, and the community leaders in particular, have failed. They failed to foresee and prevent an issue from escalating to the level of a courtroom fight, and failed to educate community members about how to resolve differences in a non-contentious manner; how to recognize the greater public good in what they do. "Civil" litigation is actually un-civil. Conflict is the opposite of cooperation, and hence the antithesis of community. All civil judicial conflicts are basically anti-community at heart.

(b)
CCA mediation: A key aspect of the CCA's role should be to prevent lawsuits from developing in the first place. He or she should offer himself as a mediator in disputes where a community member is involved. An effort should be made to direct people towards settling matters before court action is taken; to maintain community harmony while satisfying the needs of specific individuals. A big part of this involves spiritual training; i.e., education in techniques that refine consciousness. Spiritually developed individuals are less prone towards getting into disputes in the first place – they're more likely to give ground and to compromise than to be inflexible and aggressive.

(c)
Character testimony: If the parties in a dispute choose not to use the CCA as a mediator, and they are community members who are well known to the CCA, then the court that would hear the civil case should request consultation with the CCA, not to determine the validity of the action, but to collect background information about the character of the people involved. As with criminal cases, the CCA should be given an opportunity to provide character assessments as early as possible in the judicial process, preferably before litigation begins. This testimony should be weighed at least as heavily as other evidence, to the point where a suit could conceivably be dismissed based on what the CCA says about the plaintiff (or conversely, go forward if the character assessment is favorable). It's not that a person of questionable character should be barred from initiating a court action, but the element of character should be recognized as an important factor in the court's determination of the merits of the person's action.

Examples:
(i) A wealthy landowner in a rural county is disposed towards filing lawsuits when he wants to impose his will on business associates. He gets into a property boundary dispute with a neighbor who is known to be generally congenial and courteous. The landowner utilizes the letter of the law to achieve his ends and does so at every opportunity. The neighbor stays out of courtrooms, and lets an innate sense of fairness direct his decisions and his behavior. Without having to know the details of the case or the specific laws that may be applied, the CCA can testify about the distinct differences in character between the two men, and inform the court in advance that it should be cautious about letting the landowner bully the other guy through the court system, and should instead consider ordering that a mediator – the CCA or someone else – settle the matter.
(ii) A woman with a slight mental disability marries a man who is immature about personal relations – often hot-headed, dominating his spouse, and prone to childish jealousy. The man is also an alcohol abuser. The marriage is rocky, but despite this the couple stays together for 16 years, mainly because of the wife's forgiving temperament. The husband views this temperament as mental weakness, an expression of the wife's disability. He is unappreciative of her loyalty. The couple has two young daughters, raised and cared for mainly by their mother. A petty disagreement sets off the husband, who decides he's finally had enough of his wife, and he ambushes her in court – alleging that she assaulted him and is incompetent to raise his children because of her disability. The husband controls the household finances and hires a lawyer. The wife has no money, no family support and no means to defend herself against the legal assault. She is in danger of being ordered out of her own home and separated from her own kids. The CCA should be allowed to step in and testify on the woman's behalf. Based on his familiarity with the household, he could make it clear to the court that the lady's character was distinctly superior to that of the husband's; that the wife was incapable of assaulting anyone, and was more likely to have been assaulted herself; and that it's the husband's competency that should be questioned and not hers. A perceptive judge would then have a better picture of how to handle the matter – possibly ordering the husband to straighten out, get counseling, etc.

(d)
Neutralize the attorney advantage: It's widely accepted that lawyers and people trained in the law have a natural advantage in the judicial arena, especially when a lawyer is himself a party in a civil matter. The advantage comes not from a sense of the spirit of the law, but from technical knowledge about the letter of the law, the minutia, the tangled legal logic and the formal rules of procedure. (See Section 3.5-9 below, and the discussion in Section 5.2) Ordinary citizens are invariably intimidated by lawyers; afraid to deal with them because of their ability to work the system. But the attorney advantage is actually an illusion; an artifact created by our own collective spiritual weakness. Though there are exceptions, lawyers are in fact generally inferior in their ability to fathom the true spirit and depth of consciousness from which laws arise. Clearly people who must study the written code in order to know how to act are not among society's most enlightened members (this includes, by the way, codes of religion). A more lofty and righteous road is the one taken by people who have discovered the source of natural law that lies within the human spirit and soul. People with greater recognition (and experience) of this spirit are able to conduct themselves in a more spontaneously correct fashion. It's up to the CCA to bring an appreciation for natural law and spontaneous right action into the legal arena. He or she should point out situations where an attorney is not exhibiting the best and highest sentiments from which laws arise, but is instead acting from a technical, legalistic mind-set. This includes judges. They too must be made aware of this very important distinction. Judges must be taught how to grasp the loftier sense of law – divine law – and to give it greater weight than its codified, man-made expression. Attorneys should be put into their proper place in this respect – not to put them down, but to put the purely legal considerations into correct perspective relative to the deeper values, and to hence eliminate the illusionary attorney advantage in the courtroom.

 


More about Permanent Advocate 5. Fine mitigation

(a) Appeal through CCA: Regarding the levying of punitive monetary penalties against citizens, there are many individuals for whom even a small fine can be a financial burden. The loss of fifty or a hundred dollars could be a serious hardship for lower income individuals. The CCA should make an effort to remedy this inequality. When there is a monetary penalty levied against a community member, the individual should be given a chance to appeal through his CCA for a mitigation of the fine based on economic considerations. This should be the case no matter how minor the infraction, or how small the fine: parking tickets, moving violations, permits, registrations, misdemeanors, etc. Based on his knowledge of the needs of the individual and the community, and the individual's standing in the community, the CCA can recommend that the fine be reduced or eliminated, or that the person be allowed to pay the fine in increments over time.

The CCA may want to solicit financial help for the individual from other community members. He could in fact establish a community fund from which such fines are paid. It would be up to the CCA and other community members to make sure that this resource wasn't abused.

(b) Recommend by letter: If a community member intends to ask for a mitigation through the CCA, he would let the court know of his intention, and the court should postpone collection of the fine until it hears from the CCA (say, within 30 days). For minor infractions the individual should not have to appear in court to make the request. A fax or letter requesting mitigation should be sufficient. The person would then contact his CCA. It's up to the CCA's discretion whether he wants to go to this trouble for the party in question. He or she would let the court know by phone or secure e-mail if he's willing to look into it. If the CCA does recommend mitigation, he should do it with a letter, a fax, or by secure e-mail, and it should take place after the fine is levied, but before it's collected, and before any legal appeal is made to a higher court. The CCA's recommendation should be formally recorded, and the court should take it under strong advisement.

(c) Refrain from collection: If the CCA recommends a lower fine, the court should simply accept payment of the lower amount, and then refrain from taking any further collection action.

6. Sentencing advice

(a) CCA input: If a community member is found guilty of a crime, the court should allow input from his CCA before it issues the sentence, provided that the person desires such input. The defendant or his lawyer should let the court know that they are seeking sentencing advice from the CCA, and then contact the CCA to request it. The CCA would indicate to the court by phone or secure e-mail whether he wants to get involved. If he does, the court should give him some time to look into the matter – a week or two perhaps.

(b) Sentence reduction, substitution, suspension: The CCA may recommend that the sentence be reduced based on individual or family circumstances or community needs. If jail time is being considered, the CCA may for example, recommend that another community member (or members), or a family member be allowed to serve all or part of the incarceration in place of the guilty party (provided that someone else were willing to do so). He may also recommend that the party be allowed to serve the sentence within the community itself, possibly performing service under his supervision. Conversely, the CCA may decline to accept community service from certain individuals, even if a court had ordered it.

(c) Recommend in writing or in person: If the CCA agrees to offer sentencing advice, he should let the court know in writing or preferably in person what he recommends, and the court should take it under strong advisement when it determines the sentence.

(d) Enlightened sentencing: An option that the courts and the CCA should consider is that the person be sentenced to learn a self-development technique and to begin practicing it – either in the community with supervision, or inside prison (hopefully with supervision), should he be incarcerated. Note that there already exist "enlightened sentencing" programs in certain parts of the U.S. where convicted offenders are taught to meditate. Those programs might serve as a model for this one. (Website reference: www.EnlightenedSentencing.org)

(e) Educate rather than punish: The philosophy that underlies CCA sentencing advice is that the purpose of a sentence should be to educate an offender, not to punish him. This represents a new direction in judicial thinking. Ideally an offender should actually welcome the sentence. He or she should go along with it willingly, because it means that he will be receiving truly corrective attention; treatment that is intended to improve his thinking, his behavior and his own quality of life while simultaneously improving the quality of life for his community. Moreover, the community should not ostracize an ex-offender (as they do now in many places), but welcome back into its fold people who have undergone sentencing that was truly educational and reformative.

7. Support for family of jailed

Depending on the circumstances, at his or her discretion, the CCA would coordinate support for the family of individuals who are incarcerated, including extended family members, partners, members of the household and even other community members who might be affected by the loss of the individual in question. Support might take any number of forms – including material, emotional and spiritual. If the family is strongly established within the community, the CCA would endeavor to keep the family together. As a minimum to maintain their residence, perhaps with financial help from a community support fund.

8. Legal fund

Depending on resource availability, the CCA should look into establishing a fund to help less wealthy residents with legal expenses. It could be the same fund that is used for fine mitigation. It would be up to the CCA and other community members to determine on a case by case basis what circumstances were appropriate for accessing it. It's possible that the fund could be used for civil as well as criminal cases. With this fund, as with other support funds, community members would be expected to make periodic contributions as their circumstances allow.

9. Formal laws optional

More about Practical Spirituality More on New Judicial Paradigm, Procedures (a) Rituals and sacredness: Clearly the scheme we've laid out for CCAs to interface with the court system is going to impact the way that court officials go about their business. It will no doubt conflict with existing judicial guidelines, rules and prosecutorial procedures in many jurisdictions. Lawyers rely heavily on such procedures – the complex rituals that have been established over the years for criminal and civil litigation. But there is nothing inherently sacred about those rituals. They did not descend from heaven on a marble tablet. More importantly, the people who engage in those rituals are not necessarily acting from a sacred state of mind. And that's what we're trying to accomplish with our plan – to introduce some genuine sacredness into judicial matters, which is to say, some deeper levels of conscience and consciousness into our rituals and activities.

(b) Acting instinctively: Though we've been fairly specific in describing how and when the CCA would act – via letters, assessments, personal testimony, etc. – these guidelines are not meant to be strict, hard-and-fast regulations. Rather, they are intended to describe how any halfway enlightened individual working in a CCA position would behave if he or she were thrust into a situation where such assessments and involvements were asked of him. If federal, state or municipal lawmakers would like to formalize these rules, to codify them, that's fine, but in practice a CCA should know what to do instinctively, without having to rely on a legal code. Though the specifics might vary, advocate action such as this should come naturally to him. Moreover, once the routine of a CCA interface is established over time in a particular community and city – in other words, once it becomes as ritualized as the existing legal procedures – subsequent generations of CCAs would learn the rituals not from reading law books, but from personal instruction by their predecessors, which would include instruction in refining their consciousness. Consciousness is the real foundation for all of this. Ultimately we ought to be able to consign the law books to the museum archives. Our communities, our CCAs and our judicial officials alike would retain a consciousness based knowledge of how to act sacredly, rightly and justly using rituals that are a natural expression of human intelligence.

3.6 CCA Activities .... Legal-legislative

General

  • Make government approachable.
  • Reestablish civic life as an element of individual, family and community life.
  • Involve the wise in decision making.
  • Educate government authorities about the spiritual basis of life; introduce spiritual
    concerns to governmental activity.
  • Put compassion back on the legislative agenda.
  • Neutralize the caustic, bullying mentality in politics.
  • Generate bottom-up back-pressure on politicians.
  • Balance reactive legislative mind-set with preventive approach to governing.
  • Balance emphasis on urban development with emphasis on quality of life.
  • Elevate the importance of quietness and community green space in legislative agenda.
  • Neutralize the effect of money in the legislative process.

1. Bridge community and lawmakers

(a) Fill the gap: The CCA should bridge the gap between the universe where lawmakers work and the affairs of the community. He should stay informed about what new legislation is being considered, particularly as it affects the residents of his or her community, and should voice general community concerns to his representative or local council.

(b) Regular consultations: As with judicial officials, the CCA should have regular consultations – preferably in person – with local lawmakers, regardless of whether there is legislation pending. He should not have to go to extraordinary lengths to reach such officials; he should not need to write letters, or stand in line at public forums. Rather, lawmakers should seek him out. They should make a point of paying a personal visit to the communities that they represent from time to time. Not on official business, but simply to exchange greetings, shake hands, make eye contact and discuss the general state of the community and the state of the world.

2. Lobby for long-term livability

(a) Quality of life takes precedence: It's up to the CCA to educate lawmakers about the ways that spiritual, material and environmental integrity are beneficial not just for individual communities but for the municipality as well. The most important legislative consideration should be that the municipality respect the integrity and long-term livability of the communities within it (see Section 4). Changes to the environment surrounding a community (roads, zoning, logging, new housing, etc.) that might affect livability should be given careful scrutiny. Livability also includes economic considerations, such as tax changes, changes in utility rates, and so on, that affect whether residents can afford to continue living where they are. But concern for the fundamental quality of life elements – connection to the earth, quietness, spiritual considerations – should take distinct precedence over economic arguments.

More about Model Communities Program (b) Self-sufficiency: The technology now exists for communities, and even moderate size municipalities to develop economic self-sufficiency. Entire cities can actually think about disconnecting from the electric power grid by utilizing renewable energy sources like wind and solar. Recycling technologies can reduce energy consumption and eliminate the need for landfills. There is a strong impetus these days towards locally grown food. Even manufactured products can be produced locally given the tools and expertise. The CCA should be encouraging local lawmakers to take measures that move the municipality in this direction. Not just to reduce reliance on foreign oil and foreign goods, but also to boost the local economy; to bring up a generation of creative craftsmen and entrepreneurs who are motivated not just to get rich, but to serve and support their community and pass on their knowledge to future generations. Just as family members serve their parents, children, etc., there's a spiritual aspect to the notion of local service by local people to their friends, neighbors and community.

(c) Thousand-year planning: The key point to get across to lawmakers is that in a CCA community it's not just the current residents that we need to look after, but their descendants and future generations. The community should be able to maintain itself for hundreds, even thousands of years into the future. That's the distance of vision and scope of planning that planners, community members and lawmakers should have. Working with the CCAs in their area, a municipality should incorporate provisions into the law that not only improve livability now, but that protect livability for the long term. Preserving livability in individual communities will in turn preserve the livability of the entire planet.

More on Integrated urban ecology - Connected Green Space 3. Environmental lobby: connected green space; noise reduction

(a) Connected green space: Of particular concern to communities in the CCA program is that there be ready access to "connected green space". Not just parks, but parks that are extensions of the living planet. The CCA should lobby for the establishment of such space. (See Sections 4.2 and 4.3.)

(b) Noise – eliminate sources: The CCA should also lobby for reductions in noise pollution. Not just noise barriers and other temporary remedies, but for a long-term solution to the problem – a plan that eliminates the sources of noise. Section 4 discusses the formidable obstacles to overcome in this area – obstacles that are manifested in the actions of developers and the mind-set of local planners, but more importantly, in the desires of the community. (See Section 4.4.)

More on Quietness - changing the culture of distraction (c) Quiet hour, quiet day: With regard to noise reduction, the CCA should lobby the municipality to observe a daily quiet hour, 90 minutes say, where all activities – working, dining, entertainment – are ceased, including vehicle traffic. Late afternoon would be the best time for this. Lawmakers should also give consideration to designating one quiet day periodically, where again, all activity is ceased for 24 hours in favor of rest, prayer, meditation and silence. This should include shutting off radio and TV broadcasts, no cell phones, no stadium or sporting events for the day, all stores and restaurants are closed, no construction work, and no airplane takeoffs or landings are allowed. Highway traffic, including state roads and interstates that traverse the city, as well as local traffic, should be halted. Travelers and long haul truckers would either have to find another route around the city, or simply stop and rest until the roads reopen. The city could start with one quiet day per month, and later increase the frequency.

(d) Educational approach: The way to approach these issues is with education. The CCA should be continually pointing out the benefits of silence, and the benefits of maintaining contact with the earth. Benefits that are both spiritual and material. He or she would use his community as a model for others to emulate, perhaps even setting up a facility (e.g., a bed-and-breakfast) where visitors can experience firsthand what a truly livable community is like.

(e) Procuring parkland: Assuming that the legislators in a municipality can be convinced of the benefits of connected green space, and that the citizens of the individual communities support the idea, there would still be the question of who would pay for the procurement of land for parks that was not already owned by the city or state. They might also need to establish legal protections that preserved the space for future generations. The CCA should offer whatever assistance he can in this regard, and work to recruit support from his own community for the effort.

More about Practical Spirituality 4. Spiritual lobby

(a) Church/state – confusion over concepts: Over the past few centuries we in the West have convinced ourselves that religion and government don't mix. Lawmakers have constructed legal barriers that are intended to keep church and state separate. There has unfortunately been much confusion in this area. The problem lies in the understanding of some basic concepts: namely, what government is, and what religion is. These are not trivial questions. Both institutions have deep roots in the evolution of human intelligence. As it stands, few people, whether they practice religion or not, truly understand what religion actually is – where it comes from, what its purpose is, what is its essence. And perhaps even fewer people understand what government actually is – where it originates, what use it has, what position it occupies in human society. As with the people who think of government as a separate entity, independent of individual life, most of us view religion and religious practices as existing independent of our daily activity, as if religion occupied a different world, a different universe. Because of past abuses by church institutions, and the bad behavior of some current religious groups, when it comes to conducting government, secular authorities are now wary of anything that relates to religion and the principles and practices that underlie religion. And because of the gross and conflictual nature of politics and government, there is a reluctance among some clergy to expand their role – to take the step that leads from theology and abstract philosophy to concrete action. Hence church leaders generally distance themselves from the political and civic scene. Yet there is a common ground between these fields, and it's the CCA's job to bring people to it.

(b) Department of spiritual affairs: The ground where the two fields meet is in spirit. Spirit is what underlies both religion and government. Indeed, the spiritual aspect of life underlies everything we do, secular and sectarian alike. Being on the spiritual path, a CCA should be able to engage government from this underlying angle; to educate lawmakers about matters of this nature. He would enliven the consciousness that permeates every field of action, regardless of whether the action takes place in the town hall or the town temple. Depending on the degree of receptivity, the CCA might propose that the local municipality form a department of spiritual affairs, not just to connect the sanctuary and the council chamber, but to connect the material affairs of governance with the non-material affairs of life itself. On the other hand, the CCA should engage and encourage local clergy to become more directly involved in community affairs; not necessarily to run for office, but to at least consider serving as CCAs.

(c) Religious cooperation: Besides the misconceptions about the relationship of church and state, there are also prejudices and suspicions among various religions. One religious group may be reluctant to cooperate with another, fearing that their own theological views and doctrine could be somehow compromised by contact with an unorthodox source. There may also be fear that some among their followers could be influenced to switch to another group, another faith. Such fears are understandable, as there are certain religious groups that promote the aggressive evangelization of non-believers. Getting church representatives to sit down at the same conference table is one thing, but getting people to recognize the fundamental basis that underlies all of our faiths is quite another. Nevertheless, the CCA should keep this goal in mind. He should be pointing out that when you get to the root of, say, Christianity, you will recognize Christ not only in Christians, but in Jews, Buddhists, Moslems and Incas. There are deep, fundamental agreements between Taoism and Protestantism, Judaism and Islam, Catholicism and Hinduism – not beliefs about who or what to worship, or in what fashion, but basic truths about the meaning of life, the nature of God, the connections to modern science and the very source of religion and religious practice. When people of faith start to recognize this, to experience these truths, the CCA will have gained some powerful allies for his program, for there are some wise individuals in the religious community who could play an important civic role if they chose to – not by evangelizing, not with a moral agenda, not by sponsoring controversial legislation, but through grass roots, community outreach; by extending themselves in a courteous, neighborly way to the people right around them. It's just that the common ground has been eluding us for so long, and the historical abuses have been so severe, that we're all afraid to let the true, spiritual influence be felt. But we're in the midst of social transition. Times are changing, and we cannot help but feel the change in every area of human activity, including the field of religion.

(d) Formal laws optional: If there is legislation that can be written to facilitate the connection between church and state, between spiritual and material, if having a formal law would help, then the CCA could help write the code. But even without formal laws, he or she would still work to bridge the gap between the universe of government activity and the universe of religious activity.


CCPA Activities

o Identify prospective communities
o Program promotion
o Review CCA applicants
o Assemble spiritual assessment board
o Review, recommend instructors, lecturers
o Legislative lobby

3.7 CCPA Activities

1. Identify prospective communities: The CCPA works within a state or a municipality to identify residential areas that meet the guidelines for the CCA program (see section 2.5). He or she would look for areas that are either already suitable, or that could potentially be made suitable given sufficient cooperation from lawmakers, planners and property owners.

2.
Program promotion: When a residential area with good CCA potential is identified, the CCPA would then have to promote interest among residents. This could be done by meeting with area civic groups, church groups, garden clubs, PTAs, volunteer groups and other grass roots organizations. The local government should provide promotional support from appropriate agencies, such as the school system, the justice department, department of health, or parks department. Methods of promotion might include phone calls, flyers, community meetings or simply walking the neighborhood to shake hands and chat.

3.
Review CCA applicants: If a suitable community can be found, and enough residents want to initiate and commit to the program (say, 20% as a minimum), the CCPA would be tasked with matching a CCA to that community. Ideally it would be someone already living there, but candidates from elsewhere are also acceptable if they are willing to relocate and make the community their permanent home. The CCPA would review a candidate's qualifications, except for the spiritual assessment. Assuming that a spiritual assessment board is in place, the CCPA would ask the board to interview the CCA candidate and make a recommendation about his or her spiritual qualifications.

4.
Assemble spiritual assessment board: A spiritual assessment board would have a regional purview. CCPAs for several municipalities might share a single board. Establishing the board would be a cooperative effort. People invited to sit on the board might include members of the clergy, instructors in self-development practices and people who have demonstrated some refinement of consciousness. If there weren't enough qualified people to form a regional board, then CCPAs themselves would perform spiritual assessments. Ideally, once the program becomes established, a board would no longer be necessary. In terms of CCA selection CCPAs would eventually not be needed either, because subsequent generations of CCA candidates would be selected by existing elders and CCAs from within the communities themselves.

5.
Review, recommend instructors, lecturers: The CCPA should identify experts and instructors who teach and lecture in person. CCAs would coordinate through the CCPA to have lecturers visit the community. Instructional areas might include:

  • Meditation, spiritual development, mind-body integration
  • Prevention oriented health care
  • Indigenous knowledge and practices
  • Diet, nutrition and cooking
  • Gardens and gardening; organic methods
  • Native plants and wildlife
  • Herbs and medicinal plants
  • Trees and landscaping
  • Home repair and maintenance
  • Resource conservation
  • Green energy
6. Legislative lobby: The CCPA should lobby local lawmakers to promote the same legislative agenda that CCAs would be promoting: connected green space, noise reduction, spiritual connections to governmental affairs, long-term livability and municipal self-sufficiency.

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