Young Lawyers Division 2000-2001

MARCH/APRIL 2000

Young Lawyers Step Up To Aid Domestic Violence Victims

By John Austin

YLD Chair Rachelle DesVaux Bedke has made good on her promise to help domestic violence victims during this year, and the crowning jewel has to be the Domestic Violence Civil Law Institute slated for May 11-12 in Washington, D.C., in conjunction with the ABA YLD Spring AOP Conference. As we go to press, Department of Justice funding is pending for the Domestic Violence Institutue.

Domestic Violence Civil Law Institute

The Domestic Violence Civil Law Institute ("Institute") is the product of a collaboration between the ABA YLD, the ABA Commission on Domestic Violence, and the U.S. Department of Justice Violence Against Women Office. The Institute is designed to enhance civil legal representation, promote pro bono participation, and cultivate community collaboration.

According to YLD Special Project Co-Coordinator Jonathan Cole, the Domestic Violence Institute is "the most ambitious project the YLD has undertaken this year." Leading attorneys and victim advocates from across the country will address attendees in hopes of increasing the level of expertise of those representing domestic violence victims as well as creating deeper and broader involvement among YLD affiliates, Cole added. "Attendees will leave the institute with resources and tools to address problems in their communities," Cole said. "The program should create a tremendous network of practitioners in the field for years to come."

The Institute will bring together experienced and nationally recognized practitioners and advocates who will teach both the substantive law and the trial techniques essential to the effective representation of domestic violence victims, according to DesVaux Bedke. The Institute, geared to both experienced and novice lawyers, "promises to be the definitive civil law training program for lawyers who represent domestic violence victims, and the YLD hopes to replicate the Institute annually with the ABA Commission on Women and the U.S. Department of Justice," DesVaux Bedke added. The programs and workshops are designed to assist legal aid and public interest lawyers as well as private attorneys performing pro bono work to recognize domestic violence issues and address them in ways that are meaningful for victims, according to Cole. As Cole states, "This is not just one event, but a program we can build upon for years to come."

Domestic Violence Programs at the Spring AOP

This year's Spring AOP, scheduled for May 12-13 in Washington, D.C., will also include three projects and two workshops on domestic violence, according to Paul Carmona, AOP Director. The North Carolina Bar Association Young Lawyers Division, together with medical students at the University of North Carolina, is training medical students on the legal aspects of reporting domestic violence. According to Lisa Angel, an attorney in Raleigh who is the liaison to the Medical Society Domestic Violence Task Force, the NCBA/YLD assists with a day of training in which 100Ð150 medical students participate. "We talk about remedies and how the process works," Angel said. "We describe how notes and photographs help the prosecution and may eliminate the need for a doctor to testify" when the defendant is faced with overwhelming evidence. Lawyers advise the medical students about the differences in civil and criminal remedies and the processes for each. The questions medical students most often ask, according to Angel, are what happens when they get subpoenaed and how do the rules of evidence apply in a court of law. Angel also says medical students need guidance as to when they are required to report domestic violence and how required reporting must be resolved with doctor/patient confidentiality. During the seminar, attorneys address these issues so that aspiring doctors can feel confident in reporting domestic violence cases, Angel said. In reference to selecting the project for presentation at the D.C. AOP, Ken Turkel, AOP National Conferences Chair, noted that building coalitions between the medical and legal professions is a progressive and important method of providing immediate assistance to victims of domestic violence.

Additionally, two more projects that assist victims of domestic violence will be presented at the Spring AOP in D.C. in a dual workshop. According to Tracy Wareing, Immediate Past President of the Maricopa County Bar Association, the Maricopa County (AZ) YLD Domestic Violence Project is a series of programs designed to strengthen the legal and social services network for victims of domestic violence. The project is comprised of, among other things: The Necessities Drive; a publication to assist women with legal problems associated with domestic violence issues; and funding a part-time paralegal, through Community Legal Services, to assist women in representing themselves and to direct them to a pro bono attorney network if they are in need of representation.

During the same workshop, representatives of Mintz, Levin, Cohn, Ferris, Glovsky, and Popeo, P.C. will present their Domestic Violence Project. According to presenter Patrick Clendenen, "the project provides pro bono legal representation to both individuals and institutions, works on appellate matters on behalf of battered women, and lobbies for legislation that protects victims of domestic violence."

Another project of note is Call to Protect: Wireless Phones for Domestic Violence Safety, a joint project of the National Coalition Against Domestic Violence and the Wireless Foundation, which provides used or discarded wireless phones and airtime to domestic violence victims. Because domestic violence victims often need to remain hidden from their abusers, they are frequently required to cut family ties, even those they cherish. This project provides those victims with a communication outlet. Although not currently being implemented by an affiliate, information about this project will be available during the dual workshop at the Spring AOP. Also during the AOP, the ABA YLD will collect necessities, such as shampoo, deodorant, toothbrushes, and similar items to donate to a battered women's shelter in the Washington, D.C. area. Necessities drive contributors will be automatically entered into a raffle, according to YLD Special Project Co-Coordinator Tiffani Lee.

In addition to the Institute and the focus on domestic violence issues at the Spring AOP, the ABA Commission on Women, in conjunction with the ABA Tort and Insurance Practice Section, has prepared safety planning brochures to help women and children faced with domestic violence. In addition to other national corporations, Church's Fried Chicken has reprinted the brochures and distributed them at its restaurants. In Florida, every state government employee has also received a brochure, according to Cole.

State and Local Affiliates Lend Support

State and local affiliates are also lending support to Des Vaux Bedke's charge to combat domestic violence and its effects. The Oklahoma Bar Young Lawyers Division has produced videotaped seminars during which victims of domestic violence direct questions to a panel of attorneys from the Legal Aid Offices and the Oklahoma Coalition against Domestic Violence and Sexual Assault. The videotapes are then distributed to all of the Oklahoma shelters. Additionally, young lawyers in Alabama, Virginia, and Texas are also implementing programs to assist domestic violence victims.

The Virginia Bar Association Young Lawyers Conference has established a project, "Building a Coalition: Statewide Attack on Domestic Violence," which was presented at the Fall AOP in Las Vegas. "It is one of the broader projects in scope," said Turkel, noting that Virginia has attempted to build a coalition across the state to combat domestic violence.

Also presented at the Fall AOP in Las Vegas was the Chicago Bar Association Young Lawyers Section's Domestic Violence Assistance Desk. The CBA/YLD implemented this project by staffing a desk in suburban courthouses to assist victims of domestic violence who need civil orders for protection but are unable to hire counsel or otherwise get help. The desk has been operating for two years and more than thirty attorneys have been trained to work at the desk, according to Bonnie Magrath, the project's presenter in Las Vegas. Because of the program's success, it was expanded to multiple court facilities.

John Austin is an assistant editor of The Affiliate and practices law with Wood & Francis in Raleigh, North Carolina.