Community-based Advocacy in the Criminal Justice System PRESENTED BY: KELLY DIXON, J.D. & EMILY TOFTE NESTAVAL, MSW ROCKY MOUNTAIN VICTIM LAW CENTER

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1 Community-based Advocacy in the Criminal Justice System PRESENTED BY: KELLY DIXON, J.D. & EMILY TOFTE NESTAVAL, MSW ROCKY MOUNTAIN VICTIM LAW CENTER

2 Mission: Transforming the criminal jus5ce system to consistently value and respect vic5ms and vigorously safeguard vic5ms rights. Services: Direct legal representa5on in criminal cases Consulta5on for vic5ms regarding their case Consulta5on for service providers, prosecutors, advocates, etc. Informa5on and referrals Trainings

3 Today s Agenda Iden5fy and understand the criminal jus5ce players and their various roles Discuss key concepts and issues that effect vic5ms and their level of involvement in the criminal jus5ce system Examine various ways you can help ensure the vic5m is dialed into the prosecu5on and able to actually understand and par5cipate in the case.

4 Poll! Who is with us in the audience today?

5 Building Relationships District AJorneys Law Enforcement System- based Advocates Vic5m Rights AJorneys

6 Navigating Confidentiality Who has confiden5ality? Who doesn t? What does confiden5ality mean?

7 Victim Rights 101 Cons5tu5onal Amendment & Enabling Legisla5on Who s covered? Vic5m defined VRA Crimes Who has obliga5ons? Law Enforcement District AJorneys Courts Proba5on, DOC, DYC, Community Correc5ons, State Hospital

8 Victim Rights 101 Right to be NOTIFIED Right to be PRESENT Right to be HEARD Right to be treated with fairness, respect & dignity Right to be free from in5mida5on, harassment or abuse Right to par5cipate in a court proceeding via alterna5ve means Privacy rights

9 Question How comfortable are you ajending court with a survivor?

10 Courtroom Examples

11 Courtroom

12 Courtroom

13 Criminal Justice System 101 Kind of like Law and Order, but here are the things they don t tell you: 1. The Prosecutor (aka, District AJorney or DA) represents the State, not the vic5m. 2. DA s and system VA s are assigned by the office & the vic5m/survivor doesn t have a choice in who they get 3. The Prosecutor has certain ethical obliga5ons disclosing informa5on to the Defense team. Best interest of the State, not the survivor/vic5m 4. Pleas not always a bad thing! Don t forget survivors/vic5ms have a voice, not a veto. 5. The Survivor/vic5m does not decide whether or not to file or drop charges despite what Law and Order may have them believing.

14 Criminal Justice System 101 continued

15 Courtroom Etiquette Stand when judge or jury enters or exits the courtroom Cell phones off or on silent No food or gum in the courtroom Water may be ok, but check posted signs Hats off Appropriate aere Do not show emo5onal reac5ons Whispering & general noise issues Be mindful of where to sit Arrive early (if you re not 10 minutes early, you re late)

16 I can t give you legal advice, but. Ques5on: How many advocates in the audience have said this or something very similar to a vic5m/survivor? A. Yes B. I ve said something very similar C. No

17 Unauthorized Practice of Law Defini5on The Colorado Supreme Court has defined the prac5ce of law as act[ing] in a representa5ve capacity in protec5ng, enforcing, or defending the legal rights and du5es of another and in counseling, advising and assis5ng [another] in connec5on with these rights and du5es. The Court s words make clear that providing legal advice to another person cons5tutes the prac5ce of law, as does the selec5on and draling of legal documents for use by another person. A non- lawyer s exercise of judicial discre5on on behalf of another s legal interest is prohibited because of poten5al harm to the public.

18 Unauthorized Practice of Law continued Thus, a non- lawyer generally cannot: 1) Provide legal advice to another person; 2) Select legal documents on behalf of another person; 3) Dral legal documents on behalf of another person; 4) Interpret the law as it may apply to another person s situa5on; 5) Represent another person in any legal transac5on or majer; 6) Prepare another person s case for trial

19 Unauthorized Practice of Law (UPL) continued Liabili5es and consequences WriJen agreements to no longer engage in UPL Injunc5ve proceedings Contempt proceedings Other sanc5ons Professional license sanc5ons Criminal prosecu5on fraud, thel, official misconduct, criminal impersona5on Colorado Decep5ve Trade Prac5ce Act and other consumer protec5on laws Walking that line

20 Victim/Survivor Advocacy Roles Providing informa5on on vic5miza5on; Providing informa5on on vic5ms' legal rights; Providing informa5on on the criminal jus5ce process; Providing emo5onal support to vic5ms; Helping vic5ms with safety planning; Helping vic5ms with vic5m compensa5on applica5ons; Helping vic5ms submit comments to courts and parole boards; Intervening on behalf of vic5ms; and Providing referrals for other services for vic5ms.

21 Yes, but what does this actually look like? What do you do when things don t go well in the courtroom? a) Talk to the District AJorney to see what the vic5m s op5ons are b) Call your colleagues or supervisor to complain about how awful the system is on the survivor c) Lend a sympathe5c ear to the vic5m/survivor and validate whatever feelings they are having d) Call RMvlc e) None of the above f) All of the above

22 Advocacy: Beyond a friendly face in a complicated system There are many ways to be an effec5ve advocate in the criminal jus5ce system by 1. Building rela5onships with your District AJorney s office 2. Understanding who the players are and their roles 3. Asking ques5ons and seeking out answers when you don t know or understand 4. Providing survivors/vic5ms correct informa5on so they can an5cipate next steps 5. Ensuring that the court knows if the vic5m wants to enforce their rights under the VRA and the prosecutor is not doing that for them

23 Yes, but what does this actually look like? (continued) Help the vic5m have their voice be heard: Alert the DA that the vic5m is present in the courtroom Alert the clerk that the vic5m is present and wishes to address the court Stand with the vic5m when they address the court Speak on behalf of the vic5m if they would prefer Help vic5m prepare a wrijen statement or lejer ahead of 5me Arrange alternate means if vic5m is unable to be present at the hearing What to do when that doesn t work?

24 QUESTIONS? Kelly Dixon, J.D. MSW Legal Director Phone: Emily Tofte Nestaval, Former Executive Director Phone: