Exploring 4 Key Innovations Exploring 4 Key Innovations and Outcomes in Domestic and Outcomes in Domestic

Violence CourtsViolence Courts

Center for Court InnovationCenter for Court InnovationNational Domestic Violence Court National Domestic Violence Court

Technical Assistance ProjectTechnical Assistance Project

March 2, 2010March 2, 2010

Faculty:Faculty:Honorable Eugene Hyman, Superior Court of California, Santa ClaraHonorable Eugene Hyman, Superior Court of California, Santa ClaraAndy Klein, Senior Research Analyst, Advocates for Human Andy Klein, Senior Research Analyst, Advocates for Human PotentialPotentialNick Zajchowski, Policy and Program Analyst, Municipal Court of Nick Zajchowski, Policy and Program Analyst, Municipal Court of SeattleSeattleJennifer DeCarli, Executive Director, New York City Family Justice Jennifer DeCarli, Executive Director, New York City Family Justice Center, Brooklyn Center, Brooklyn

Moderator: Liberty Aldrich, Director, Domestic Violence Programs, Moderator: Liberty Aldrich, Director, Domestic Violence Programs, Center for Court InnovationCenter for Court Innovation

4 Key Innovations in DV Courts4 Key Innovations in DV Courts

1.1. Victim SafetyVictim Safety

2.2. AccountabilityAccountability

3.3. Coordinated Community ResponseCoordinated Community Response

4.4. Case ProcessingCase Processing

Center for Court InnovationCenter for Court Innovation OVW National Technical Assistance Provider for Domestic Violence OVW National Technical Assistance Provider for Domestic Violence

CourtsCourts

Liberty Aldrich, Esq. Liberty Aldrich, Esq. Director of Domestic Violence, Sexual Assault Director of Domestic Violence, Sexual Assault and Family Court Programs at the Center for Court Innovation,and Family Court Programs at the Center for Court Innovation, provides technical assistance on the development and implementation provides technical assistance on the development and implementation of domestic violence courts nationally and internationally and works of domestic violence courts nationally and internationally and works with government and non-government agencies to improve the with government and non-government agencies to improve the coordinated community response to domestic violence. Additionally, coordinated community response to domestic violence. Additionally, she and the domestic violence staff provide domestic violence training she and the domestic violence staff provide domestic violence training to judges and court personnel and consult with family courts on child to judges and court personnel and consult with family courts on child protective and custody programs. Prior to joining the Center, Ms. protective and custody programs. Prior to joining the Center, Ms. Aldrich was the Director of Legal Services at Safe Horizon, the Aldrich was the Director of Legal Services at Safe Horizon, the nation’s largest victim assistance agency. In that position, she nation’s largest victim assistance agency. In that position, she represented domestic violence victims in family and supreme courts represented domestic violence victims in family and supreme courts and federal immigration proceedings in addition to supervising staff and federal immigration proceedings in addition to supervising staff attorneys. Ms. Aldrich is also a founder and director of Legal attorneys. Ms. Aldrich is also a founder and director of Legal Information for Families Today (LIFT), an agency that assists over Information for Families Today (LIFT), an agency that assists over 55,000 New Yorkers every year. 55,000 New Yorkers every year.

Judge Eugene HymanJudge Eugene Hyman Judge Eugene M. Hyman is a judge of the Superior Court of Judge Eugene M. Hyman is a judge of the Superior Court of

California, County of Santa Clara (San Jose) where, for 18 years, he California, County of Santa Clara (San Jose) where, for 18 years, he has presided over cases in the criminal, civil, probate, family, and has presided over cases in the criminal, civil, probate, family, and delinquency divisions of the court. He has presided over an adult delinquency divisions of the court. He has presided over an adult domestic violence court and in 1999 presided over the first juvenile domestic violence court and in 1999 presided over the first juvenile domestic violence and family violence court in the United States. domestic violence and family violence court in the United States. Judge Hyman has spoken to both national and international Judge Hyman has spoken to both national and international audiences   and has published articles on issues surrounding audiences   and has published articles on issues surrounding domestic violence in the criminal and family courts--especially with domestic violence in the criminal and family courts--especially with co-occurring issues of substance abuse and mental health. He has co-occurring issues of substance abuse and mental health. He has a special interest in domestic violence as it affects children in the a special interest in domestic violence as it affects children in the home and in the family court setting. He has special understanding home and in the family court setting. He has special understanding of sexual abuse, stalking, and strangulation, as they intersect with of sexual abuse, stalking, and strangulation, as they intersect with domestic violence. Judge Hyman taught as a Lecturer in Law at the domestic violence. Judge Hyman taught as a Lecturer in Law at the Santa Clara University School of Law for 21 years where he has Santa Clara University School of Law for 21 years where he has taught a course "Domestic Violence Law Seminar" for the past taught a course "Domestic Violence Law Seminar" for the past several years. Most recently, on June 23, 2008, Judge Hyman was several years. Most recently, on June 23, 2008, Judge Hyman was honored with the United Nations Public Service Award.honored with the United Nations Public Service Award.

Andy KleinAndy Klein Andrew Klein is a Senior Research Analyst at Advocates for Human Andrew Klein is a Senior Research Analyst at Advocates for Human

Potential, Inc. (AHP), a research and consulting firm. In this role, he has Potential, Inc. (AHP), a research and consulting firm. In this role, he has served as a principal investigator on numerous research and evaluation served as a principal investigator on numerous research and evaluation grants for multiple federal, state and county government and nonprofit grants for multiple federal, state and county government and nonprofit agencies in areas including domestic and family violence. An editor and agencies in areas including domestic and family violence. An editor and columnist for the National Bulletin on Domestic Violence Prevention, he also columnist for the National Bulletin on Domestic Violence Prevention, he also is the author of Alternative Sentencing, Probation, and Intermediate is the author of Alternative Sentencing, Probation, and Intermediate Sanctions (Anderson Publishing Co.); and The Criminal Justice Response Sanctions (Anderson Publishing Co.); and The Criminal Justice Response to Domestic Violence (Thomson/Wadsworth). Before joining AHP, he served to Domestic Violence (Thomson/Wadsworth). Before joining AHP, he served for several decades as chief probation officer of the Quincy, Massachusetts for several decades as chief probation officer of the Quincy, Massachusetts Court, recognized as the first domestic violence court in the country. Mr. Court, recognized as the first domestic violence court in the country. Mr. Klein established the first dedicated domestic violence probation supervision Klein established the first dedicated domestic violence probation supervision programs in the country in the early 1980’s which became one of the model programs in the country in the early 1980’s which became one of the model programs incorporated into the Violence Against Women’s Act enacted in programs incorporated into the Violence Against Women’s Act enacted in 1995. As a nationally recognized expert on domestic violence and criminal 1995. As a nationally recognized expert on domestic violence and criminal justice, Dr. Klein has served on numerous national commissions and justice, Dr. Klein has served on numerous national commissions and advisory boards, including Creating a Domestic Violence Court: Guidelines advisory boards, including Creating a Domestic Violence Court: Guidelines and Best Practices. He has provided technical assistance, keynoted and Best Practices. He has provided technical assistance, keynoted conferences, and professional training for responders to domestic violence conferences, and professional training for responders to domestic violence in almost every state of the Union and at U.S. Military bases abroad. in almost every state of the Union and at U.S. Military bases abroad.

Jennifer DeCarli, Esq., LMSWJennifer DeCarli, Esq., LMSW

Jennifer DeCarli is employed by the Mayor’s Office to Combat Domestic Jennifer DeCarli is employed by the Mayor’s Office to Combat Domestic Violence where she is the Executive Director of the New York City Family Violence where she is the Executive Director of the New York City Family Justice Center in Brooklyn. Prior to joining the Family Justice Center staff, Justice Center in Brooklyn. Prior to joining the Family Justice Center staff, Jennifer was the Director of the Safe Horizon Brooklyn Family Court Jennifer was the Director of the Safe Horizon Brooklyn Family Court Program. Prior to directing the Brooklyn program, Jennifer was the Director Program. Prior to directing the Brooklyn program, Jennifer was the Director of the Staten Island Family and Criminal Court Program for Safe Horizon. of the Staten Island Family and Criminal Court Program for Safe Horizon. Jennifer’s prior legal experience includes the University at Buffalo Law Jennifer’s prior legal experience includes the University at Buffalo Law School’s Family Violence Clinic where she focused on assisting School’s Family Violence Clinic where she focused on assisting communities in developing a coordinated community response to domestic communities in developing a coordinated community response to domestic violence. She also worked for Southern Tier Legal Services, representing violence. She also worked for Southern Tier Legal Services, representing victims of domestic violence in Family Court. Subsequent to this, Jennifer victims of domestic violence in Family Court. Subsequent to this, Jennifer was the Domestic Violence Legal Coordinator for the Greater Upstate Law was the Domestic Violence Legal Coordinator for the Greater Upstate Law Project in Rochester, New York, where she provided technical assistance to Project in Rochester, New York, where she provided technical assistance to legal service providers and domestic violence advocates across New York legal service providers and domestic violence advocates across New York State. Jennifer obtained her J.D. from the University at Buffalo Law School State. Jennifer obtained her J.D. from the University at Buffalo Law School in May 1998 and a Master’s in Social Work from New York University in May in May 1998 and a Master’s in Social Work from New York University in May 20032003

Nick Zajchowski, MPANick Zajchowski, MPA

Nick directs Seattle Municipal Court’s Research, Nick directs Seattle Municipal Court’s Research, Planning, and Evaluation Group, which strives to Planning, and Evaluation Group, which strives to increase the efficiency, effectiveness, and accountability increase the efficiency, effectiveness, and accountability of Court programs and services. The group has been of Court programs and services. The group has been instrumental in the development of the Court’s domestic instrumental in the development of the Court’s domestic violence, mental health, and community courts, as well violence, mental health, and community courts, as well as providing strategic advice and expertise on as providing strategic advice and expertise on performance measures, technology planning, and performance measures, technology planning, and stakeholder engagement. Prior to his time at the Court, stakeholder engagement. Prior to his time at the Court, Nick worked at as a criminal justice Analyst at the King Nick worked at as a criminal justice Analyst at the King County Office of Management and Budget. Nick also County Office of Management and Budget. Nick also taught for several years in China and worked in the taught for several years in China and worked in the international development sector.international development sector.

Outline of PresentationOutline of Presentation

Description of domestic violence courtsDescription of domestic violence courts Discussion of common domestic violence court Discussion of common domestic violence court

goalsgoals Common tools and innovations to achieve each Common tools and innovations to achieve each

goalgoal Are these strategies effective?Are these strategies effective?

Special NIJ Report: Practical Implications of Special NIJ Report: Practical Implications of Current Domestic Violence ResearchCurrent Domestic Violence Research

http://www.ncjrs.gov/pdffiles1/nij/225722.pdfhttp://www.ncjrs.gov/pdffiles1/nij/225722.pdf

Background of Domestic Violence Background of Domestic Violence CourtsCourts

Since the late 1970s, advocates have attempted Since the late 1970s, advocates have attempted to transform inadequate criminal justice to transform inadequate criminal justice response to domestic violenceresponse to domestic violence Pro-arrest policiesPro-arrest policies Evidence-based prosecutionEvidence-based prosecution Specialized prosecution unitsSpecialized prosecution units Passage of Violence Against Women Act in 1994Passage of Violence Against Women Act in 1994

Massive influx of domestic violence cases into Massive influx of domestic violence cases into courts (178% increase from 1989-1999)courts (178% increase from 1989-1999)

Definition of Domestic Violence CourtDefinition of Domestic Violence Court

No unifying definition No unifying definition Typical components:Typical components:

All cases on one or All cases on one or more separate more separate calendarscalendars

One or more One or more dedicated judgesdedicated judges

Dedicated staffDedicated staff Similarities and Similarities and

differences from other differences from other problem-solving court problem-solving court modelsmodels

Domestic Violence Courts TodayDomestic Violence Courts Today

Growing rapidly with approximately 200 Growing rapidly with approximately 200 domestic violence courts in the United domestic violence courts in the United StatesStates

Represents 27 statesRepresents 27 states Over 150 domestic violence courts Over 150 domestic violence courts

internationallyinternationally

What are Domestic Violence Court What are Domestic Violence Court Goals?Goals?

Domestic Violence Court Goals: Percentage of Court Survey Respondents Rating Each Goal as "Extremely Important" (N=129)

60%

68%

79%

37%

33%

29%

40%

38%

44%

21%

51%

45%

83%

0% 10% 20% 30% 40% 50% 60% 70% 80% 90%

Increase Community Visibility of DV as a Social Problem

Improve Victim Perception of Court Fairness

Increase Consistency of DV Dispositions and Sentences

Rehabilitate Offenders

Achieve Coordinated Response to DV

Increase Efficiency of DV Case Processing

Foster Expertise among Judges or Prosecutors

Apply State Statutes Correctly and Consistently

Facilitate Victim Access to Services

Penalize Offenders Noncompliant with Court Orders

Deter Offender Recidivism

Hold Offenders Accountable for Illegal Behavior

Increase Victim Safety

Goal: Victim Safety and ServicesGoal: Victim Safety and Services The provision of frontloaded assistance, The provision of frontloaded assistance,

including court accompaniment, crisis including court accompaniment, crisis intervention and shelter referralintervention and shelter referral

Strategies:Strategies: Protective ordersProtective orders Close offender monitoringClose offender monitoring Courthouse safety measures for victimsCourthouse safety measures for victims Victim servicesVictim services

Domestic violence courts partner with local Domestic violence courts partner with local victim service agencies to provide victims with victim service agencies to provide victims with services and advocacyservices and advocacy

Goal: Victim Safety and Services Goal: Victim Safety and Services ResultsResults

More victims linked to services More victims linked to services Greater use of protection orders: 88% of DV Greater use of protection orders: 88% of DV

courts routinely issue temporary orders (pending courts routinely issue temporary orders (pending cases); 82% issue final orders (convictions) cases); 82% issue final orders (convictions)

Increased victim satisfaction:Increased victim satisfaction: Perceive improved court process Perceive improved court process Perceive fairer outcomes Perceive fairer outcomes Say more likely to report future violence and Say more likely to report future violence and

cooperate with future prosecutionscooperate with future prosecutions

Goal: AccountabilityGoal: Accountability Holding domestic violence perpetrators Holding domestic violence perpetrators

responsible for their actions responsible for their actions Strategies: Strategies:

Swift responses to noncompliance with court orders Swift responses to noncompliance with court orders Consistent use of jail or other sanctions in response Consistent use of jail or other sanctions in response

to noncomplianceto noncompliance Use of programs Use of programs Enhanced coordination in collaboration with Enhanced coordination in collaboration with

specialized probationspecialized probation Use of judicial monitoringUse of judicial monitoring Constant communication between programs, Constant communication between programs,

probation and courtprobation and court

Goal: AccountabilityGoal: Accountability Sentencing – domestic violence courts have Sentencing – domestic violence courts have

been associated with both a greater and lesser been associated with both a greater and lesser use of jail sentences than traditional courtsuse of jail sentences than traditional courts

Program mandates – widespread agreement Program mandates – widespread agreement that domestic violence courts are more likely to that domestic violence courts are more likely to use programs (batterer programs, substance use programs (batterer programs, substance abuse treatment, etc.); special bail conditions, abuse treatment, etc.); special bail conditions, drug testing; and judicial status hearingsdrug testing; and judicial status hearings

Goal: AccountabilityGoal: Accountability Court response to noncomplianceCourt response to noncompliance

Use of programs, applied in tandem with judicial monitoring, can Use of programs, applied in tandem with judicial monitoring, can increase communication and opportunities to impose sanctionsincrease communication and opportunities to impose sanctions

JOD study – increased use of judicial monitoring significantly JOD study – increased use of judicial monitoring significantly increases sanctions for noncomplianceincreases sanctions for noncompliance

CA Audit – found that only 1/2 of the offenders completed the CA Audit – found that only 1/2 of the offenders completed the program, more than ¼ of completers had significant program, more than ¼ of completers had significant noncompliance, & some probation departments routinely re-noncompliance, & some probation departments routinely re-referred noncompliant offenders back to programs without referred noncompliant offenders back to programs without imposing sanctions or notifying the courtimposing sanctions or notifying the court

Specialized probation unitsSpecialized probation units More special conditionsMore special conditions Higher violation & revocation rates Higher violation & revocation rates Reduced re-arrest rate among low-risk DV offenders Reduced re-arrest rate among low-risk DV offenders Reduced re-arrest rate – through enforcement, not deterrence in Reduced re-arrest rate – through enforcement, not deterrence in

Milwaukee JOD siteMilwaukee JOD site

Goal: Coordinated ResponseGoal: Coordinated Response

Establishment of a collaborative network of courts, Establishment of a collaborative network of courts, criminal justice agencies, local victim service criminal justice agencies, local victim service organizations, and social service programs working organizations, and social service programs working together to create policies and procedures to assist together to create policies and procedures to assist and increase the safety of victims of domestic and increase the safety of victims of domestic violence.violence.

Strategies:Strategies: Include stakeholders in the conception and planning of the Include stakeholders in the conception and planning of the

domestic violence courtdomestic violence court Planning teams that can morph into stakeholder group that Planning teams that can morph into stakeholder group that

meets on an ongoing basis meets on an ongoing basis Other strategies: discussed in previous presentationOther strategies: discussed in previous presentation

Goal: Coordinated ResponseGoal: Coordinated Response

Collaboration leads to:Collaboration leads to: Greater access to services for victimsGreater access to services for victims Improved information sharing by probation and Improved information sharing by probation and

programsprograms

Early participation promotes increased Early participation promotes increased understanding, consensus, and buy-inunderstanding, consensus, and buy-in

Provides the opportunity for training to court staff Provides the opportunity for training to court staff and stakeholders on relevant issuesand stakeholders on relevant issues

Goal: Efficient Case ProcessingGoal: Efficient Case Processing Timely and effective management of the Timely and effective management of the

domestic violence caseload, including quick domestic violence caseload, including quick review and screening and the expeditious review and screening and the expeditious transfer and calendaring of the cases to the transfer and calendaring of the cases to the domestic violence docket.domestic violence docket.

Strategies:Strategies: Trained court staffTrained court staff Specialized stakeholdersSpecialized stakeholders

Goal: Efficient Case ProcessingGoal: Efficient Case Processing

Overwhelming support that misdemeanor Overwhelming support that misdemeanor domestic violence courts do speed up case domestic violence courts do speed up case processing timeprocessing time San Diego documented a 74% reduction in the San Diego documented a 74% reduction in the

median number of days to dispositionmedian number of days to disposition

However, a felony domestic violence court found However, a felony domestic violence court found that case processing time increasedthat case processing time increased

QuestionsQuestions aldrichl@courtinnovation.orgaldrichl@courtinnovation.org Judge Hyman - four.justice@gmail.comJudge Hyman - four.justice@gmail.com aklein@ahpnet.comaklein@ahpnet.com JenniferD@fjcnyc.orgJenniferD@fjcnyc.org Nick.Zajchowski@Seattle.GovNick.Zajchowski@Seattle.Gov

#5 to mute or un-mute#5 to mute or un-mute

ResourcesResources

CENTER FOR COURT INNOVATION CENTER FOR COURT INNOVATION Available on Available on www.courtinnovation.orgwww.courtinnovation.org

Domestic Violence Court Toolkit (2008): step by step Domestic Violence Court Toolkit (2008): step by step planning guide, available at aldrichl@courtinnovation.org planning guide, available at aldrichl@courtinnovation.org

What Makes a Domestic Violence Court Work? Key What Makes a Domestic Violence Court Work? Key PrinciplesPrinciples, (2002)., (2002).

Planning a Domestic Violence Court - The New York Planning a Domestic Violence Court - The New York State ExperienceState Experience, (2004)., (2004).

Youth Dating Violence: Can a Court Help Break the Youth Dating Violence: Can a Court Help Break the Cycle?Cycle? (2004). (2004).

Testing the Effectiveness of Batterer Programs and Testing the Effectiveness of Batterer Programs and Judicial Monitoring, (2005).Judicial Monitoring, (2005).

Resources, Cont.Resources, Cont. American Judges Association: http://aja.ncsc.dni.usAmerican Judges Association: http://aja.ncsc.dni.us      “      “Domestic Violence & The Courtroom:  Understanding The Problem… Domestic Violence & The Courtroom:  Understanding The Problem…

Knowing The Victim”Knowing The Victim” National Council of Juvenile and Family Court Judges: www.ncjfcj.org,    National Council of Juvenile and Family Court Judges: www.ncjfcj.org,   

Domestic Violence Institutes for JudgesDomestic Violence Institutes for Judges Special NIJ Report: Practical Implications of Current Domestic Violence Special NIJ Report: Practical Implications of Current Domestic Violence

Research: http://www.ncjrs.gov/pdffiles1/nij/225722.pdfResearch: http://www.ncjrs.gov/pdffiles1/nij/225722.pdf   National Center for State Courts: http://www.ncsconline.orgNational Center for State Courts: http://www.ncsconline.org Problem-Solving Justice ToolkitProblem-Solving Justice Toolkit    VERA Institute of Justice:  http://www.vera.orgVERA Institute of Justice:  http://www.vera.org

Judicial Review HearingsJudicial Review Hearings Battered Women’s Justice Project:  www.bwjp.orgBattered Women’s Justice Project:  www.bwjp.org          Probation Group Meetings:  James E. Henderson, Jr.Probation Group Meetings:  James E. Henderson, Jr. Lisa Young Larance, MSW, LCSW, LMSW “RENEW” (Reflectively Lisa Young Larance, MSW, LCSW, LMSW “RENEW” (Reflectively

Embracing Non-violence through Education for Women):      Embracing Non-violence through Education for Women):      www.csswashtenaw.org/renewwww.csswashtenaw.org/renew

Emily J. Sack, Creating a Domestic Violence Court: Guidelines and Best Emily J. Sack, Creating a Domestic Violence Court: Guidelines and Best Practices, Family Violence Prevention Fund (2002).Practices, Family Violence Prevention Fund (2002).

The Center for Court Innovation is an Office of Violence Against The Center for Court Innovation is an Office of Violence Against Women approved technical assistance provider for domestic violence Women approved technical assistance provider for domestic violence

court initiatives. court initiatives.

This project was supported by Grant No. This project was supported by Grant No. 2006-WT-AX-K044 awarded by the Office 2006-WT-AX-K044 awarded by the Office

on Violence Against Women, U.S. on Violence Against Women, U.S. Department of Justice. The opinions, Department of Justice. The opinions,

findings, conclusions, and recommendations findings, conclusions, and recommendations expressed in the webinar are those of the expressed in the webinar are those of the

speakers and do not necessarily reflect the speakers and do not necessarily reflect the views of the Department of Justice, Office of views of the Department of Justice, Office of

Violence Against Women.Violence Against Women.

Contact InformationContact Information

Liberty AldrichLiberty AldrichCenter for Court InnovationCenter for Court Innovation520 8520 8thth Avenue, 18 Avenue, 18thth Floor Floor

New York, NY 10018New York, NY 10018aldrichl@courtinnovation.orgaldrichl@courtinnovation.org

(212) 373-8085(212) 373-8085