Carole McKindley-Alvarez is the divisional director of the Youth Mental Health Program and all senior services at the Family Service Agency in San Francisco. She says Judge Cicconetti’s punishments are not creative, but are degrading, abusive and do more harm than good.

“All of our mental health programs end up having more and more people come in with trauma at the hands of humiliation,” Carole says. “When you do this creative type of justice, the problem is that it’s just going to make the behavior show up in different ways. So, Judge Cicconetti may never see that person again, but mental health programs will see that person, other judges may see that person or, unfortunately, the morgue may see that person.”

“I don’t think I agree with you,” Dr. Phil tells Carole.

“And that’s OK,” she says. “One of the things I applaud Judge Cicconetti for doing is thinking outside the box and really trying to individualize the punishment. But the issue here is that humiliation is not the way that you deter behavior. What really needs to be looked at is why they are doing it in the first place.”

“OK, but is that the judge’s job?” Dr. Phil asks.

“Well, if we’re looking at the fact that he doesn’t want to have this person back in his court again, then it is,” she says.

“Is that your job?” Dr. Phil asks the judge.

“Well, you know, she’s right in some regard. There are some times on that bench where I have to be — and I don’t mean to take your job away here — but sometimes I have to be a psychologist, I have to be a rabbi, priest, minister, drill sergeant, parent,” Judge Cicconetti says.