Arizona activists work to hold the criminal justice system accountable through court watching

Matt Aguilar takes notes while listening to April Sponsel’s disciplinary hearing on Oct. 23, 2023. Aguilar is part of Mass Liberation Arizona, a watchdog group that focuses on the criminal justice system. (Photo by Kevinjonah Paguio/Cronkite News)

Karen Olson takes notes during April Sponsel’s disciplinary hearing on Oct. 23, 2023. Mass Liberation Arizona is a watchdog group focused on the criminal justice system. (Photo by Kevinjonah Paguio/Cronkite News)

Matt Aguilar, a lead organizer for Mass Liberation Arizona, takes notes during April Sponsel’s disciplinary hearing on Oct. 23, 2023. Sponsel is a former Maricopa County prosecutor facing possible discipline for her role in charging Black Lives Matter protesters with gang charges. (Photo by Kevinjonah Paguio/Cronkite News)

April Sponsel looks toward members of the Arizona State Bar during her disciplinary hearing on Oct. 23, 2023. (Photo by Kevinjonah Paguio/Cronkite News)

April Sponsel, a former Maricopa County prosecutor, folds her hands during her disciplinary hearing on Oct. 23, 2023. (Photo by Kevinjonah Paguio/Cronkite News)

PHOENIX – In a small hearing room in the State Courts Building, a few individuals in black shirts sat in the three rows of chairs in the back. For the six hearings in April Sponsel’s disciplinary trial, these court watchers with Mass Liberation Arizona attended with notepads and pens, observing and taking notes.

Sponsel, a former prosecutor with the Maricopa County Attorney’s Office, is facing a two-year suspension of her law license for her involvement in charging Black Lives Matter protesters as gang members in 2020, according to ABC15. Mass Lib has been following the case since the protesters were charged, and Matt Aguilar, a lead organizer for the group, said it’s important for members to follow it to the end.

“It’s important that we’re able to bear witness so we can also maintain the narrative that there is an issue with the (Maricopa County Attorney’s) Office, a systematic issue with the office,” Aguilar said.

Mass Lib is dedicated to the end of mass incarceration and the liberation of marginalized communities. The group’s work focuses on prosecutorial misconduct, police brutality and alternatives to incarceration.

One way Mass Lib brings awareness to these issues is through court watching, a practice where volunteers observe hearings in order to support defendants, hold judges and attorneys accountable and educate the public on what’s happening in courtrooms, according to Aguilar.

Karen Olson prepares to take notes during April Sponsel’s disciplinary hearing on Oct. 23, 2023. Olson is part of Mass Liberation Arizona, a watchdog group that focuses on the criminal justice system. (Photo by Kevinjonah Paguio/Cronkite News)

Karen Olson prepares to take notes during April Sponsel’s disciplinary hearing on Oct. 23, 2023. Olson is part of Mass Liberation Arizona, a watchdog group that focuses on the criminal justice system. (Photo by Kevinjonah Paguio/Cronkite News)

“These things happen behind closed doors, and there’s a whole different language that is spoken in those rooms,” Aguilar said. “So having folks, especially folks that have been impacted by those systems, be able to be in those rooms brings that education out to the people.”

W. Jesse Weins, a professor at Arizona State University’s School of Criminology and Criminal Justice, said court watching is an old practice that has been around since before the United States criminal justice system existed. He said most lawyers have experienced court watchers at hearings and will welcome them – but privately have concerns about the practice.

“​​On a more personal level, none of us like people whose purpose to be there is to look over your shoulder about things and try to catch you and see if you’re doing things wrong,” Weins said. “Nobody would want that in their career, so privately, attorneys might say it’s a bit of a nuisance.”

However, Weins said that most attorneys accept the practice as an important part of American civil society. Aguilar said that Mass Lib often court-watches to provide support to defendants, not just to put judges and attorneys on guard.

“When folks are facing these systems, they’re often by themselves and they’re often left without any clue of what to do,” Aguilar said.

Ruia Gautam, the communications director for Mass Lib and a frequent court watcher, said one of the reasons she enjoys court watching is being able to offer solidarity to defendants who don’t have anyone in their corner. She said during her first court-watching experience, she could tell the defendant was grateful for the presence of court watchers.

“I didn’t know this person at all, to be honest, but the eye contact he would make when he turned around and saw all of us packed in there, I just know how much it meant,” Gautam said.

Gautam attended some of the Sponsel hearings in person and virtually and said it was important to see some of the key players of the case against the Black Lives Matter protesters in the flesh.

“We’re very removed from people like prosecutors and cops when they do this stuff,” Gautam said. “This was my first time seeing April Sponsel in person, ever. It’s very hard to see them in person. So it was important to face her and hold her accountable that way.”

The disciplinary hearings for April Sponsel will determine if the former Maricopa County Attorney’s Office prosecutor’s law license will be suspended. Sponsel charged Black Lives Matter protesters in 2020 as gang members. Photo taken Oct. 23, 2023. (Photo by Kevinjonah Paguio/Cronkite News)

The disciplinary hearings for April Sponsel will determine if the former Maricopa County Attorney’s Office prosecutor’s law license will be suspended. Sponsel charged Black Lives Matter protesters in 2020 as gang members. Photo taken Oct. 23, 2023. (Photo by Kevinjonah Paguio/Cronkite News)

Sponsel’s attorney declined to comment on the court watchers or the trial.

In addition to hearings like Sponsel’s, Aguilar said the group attends criminal court, eviction court, and death penalty and clemency board hearings. His goal is to create a voter guide for judges on the ballot in 2024 to help voters decide whether to retain them.

In Arizona, judges on the Supreme Court and Court of Appeals are appointed by the governor, but must go through retention elections every six years to determine if they stay on the bench. In larger counties, superior court judges face a similar process.

“You’ll have all these judges that are up for retention that you often know nothing about,” Aguilar said. “You literally just have to say yes or no.”

In the meantime, Aguilar and Gautam encourage anyone who might be interested in court watching to reach out to Mass Lib and get involved. The group hosts training to help volunteers know what to look out for and how to stand in solidarity with defendants.

“It’s one of the easiest ways that we can disrupt the dehumanization of people who are facing the so-called criminal justice system,” Gautam said.

Reagan Priest Ray-gan Priest (she/her/hers)
News Reporter, Phoenix

Reagan Priest expects to graduate in May 2024 with a master’s degree in mass communication. Priest has also worked at The Copper Courier, The State Press, Cronkite News D.C., The Arizona Republic and Arizona PBS.

Kevinjonah Paguio(he/him/his)
News Visual Journalist, Phoenix

Kevinjonah Paguio expects to graduate in May 2024 with a bachelor’s degree in journalism and a minor in global studies. He has interned at the Reynolds Center for Business Journalism, is now an intern with AZ Big Media and has freelanced.