The co-founder of a Philly youth program went to court as an advocate — and was arrested

Youth Empowerment for Advancement Hangout, a West Philadelphia community-based and Black-led nonprofit better known as YEAH Philly, has long been at odds with some juvenile court judges — publicly protesting sentencing and probation practices, and pushing for the right to be in court to support its participants.

On Wednesday, that conflict boiled over when YEAH Philly cofounder James Aye was arrested in a courtroom where he was present on behalf of an 18-year-old probationer — who, according to records reviewed by The Inquirer, had been referred to YEAH Philly by a juvenile probation officer. Aye was detained overnight, according to his organization.

Court records show that he faces misdemeanor charges of obstructing justice, resisting arrest, and disrupting meetings, and a summary defiant trespass charge. The most serious of the charges carries up to two years in prison.

Kendra Van de Water, Aye’s cofounder and executive director of YEAH Philly, said the organization’s goal is to provide continuous support for clients, in and out of the courtroom.

“It’s a fight every day,” she said, “which is why we are hiring our own attorneys now to represent the kids we work with. We have two starting next week.”

The juvenile code, she notes, states that proceedings against a person who is 14 or older and charged with a felony-equivalent crime are presumed open to the public, and that the court shall admit “persons accompanying a party or a victim for his or her assistance.”

Over the summer the group ran a social media campaign, and even a bus shelter ad, calling for more transparency with the tagline “Who’s watching the juvenile court judges?”

In Philadelphia, the courts have typically been closed at the judge’s discretion. Marty O’Rourke, a First Judicial District spokesperson, declined to comment on the case or juvenile court practices.

A spokesperson for the Philadelphia District Attorney’s Office said the office had no information beyond the arrest report, and so could not comment.

Aye’s arrest paperwork said that he “was told that as a member of the public, he was not permitted to remain in the room during the hearing until it could be … deemed appropriate by the court.” He refused repeated commands to leave and resisted being handcuffed, but “went without further incident” to a holding cell.

The paperwork noted he had been in courtroom 3E “numerous times in previous court listings to speak on behalf of juveniles and was made aware in each listing that, as a member of the public, he could not be present.”

According to Van de Water, the hearing officer who ordered Aye out of the room was Caitlin Shuler, who has previously expressed her displeasure with YEAH Philly. Shuler did not respond to a request for comment Thursday.

In a recording of an unrelated court proceeding, reviewed by The Inquirer, a person identified as Shuler refuses to admit the organization to a courtroom, though the juvenile defendant can be heard requesting its presence.

“There are conflicting opinions about whether they are actually beneficial for the youth, with the way they’ve acted in this courtroom previously. That’s the problem: They don’t listen to the court. They don’t listen to the court’s directive. … With our young people who we expect to listen to the court and abide by the court’s order, is that really in his best interest?”

In a joint statement Thursday, City Councilmember Jamie Gauthier and state Rep. Rick Krajewski, whose districts encompass YEAH Philly’s primary service area, and at-large Councilmember Kendra Brooks said they were “disappointed and frustrated” by Aye’s arrest.

“As the victims and perpetrators of gun violence become younger and younger, we need to wrap our arms around our young people – not deny them support when they need it the most,” the statement said. The council members urged the courts to develop a “transparent and uniform courtroom operating procedure that centers equity and rehabilitation while reducing harm.”

Aye, 39, a father of two school-aged children, is a longtime antiviolence worker who helped start YEAH Philly in 2018. The group has an after-school hangout space and runs regular community events to distribute groceries, pet food and assistance with utility bills.

Aye’s arrest came as the group was organizing an Oct. 25 town hall meeting for people to share their stories about the impact of juvenile court and to learn about how they can participate in a new court-watching initiative.

Marsha Levick, cofounder of the Juvenile Law Center in Philadelphia, said that she couldn’t comment on Aye’s arrest specifically — but said she saw a need for more transparency and accountability in the system.

“We cannot tolerate the arbitrary exclusion of advocacy and direct service organizations because they have been critical of those elected officials,” she said, “and we should respect the choices of young people in determining who supports them as they travel through the juvenile justice system.”