In 1995, when I was asked to be a part of a delegation from Minnesota to the
national Violence Against Women Conference, there was some discussion of
whether it was appropriate for judges to participate in a conference or organization
that was focused on the victims of domestic abuse. After all, we are called upon to preside and
decide cases of domestic abuse, both criminal and civil. Wouldn’t we be perceived as favoring one side
over the other if we attended/supported education efforts to reduce domestic
violence?
The Chief Justice of the Minnesota Supreme Court issued an Order that
it was not only permissible to participate in such groups, but it was
encouraged.
After all, there is no judge anywhere that is in favor of
crime. Yet, each one of use must make
decisions about persons charged with crimes dozens of times each week.
A person, and a judge, can be against crime or domestic
abuse in general, but must be able to look at each individual situation to
determine whether the charge has been proved or whether the criteria for
issuing a domestic abuse order for protection have been demonstrated. If so, a guilty verdict is rendered or an
order for protection is issued. If not,
the charges or the petition must be dismissed.
I have dismissed petitions for orders for protection where
the petitioner is obviously and with good reason, terrified of the alleged
abuser because one of the requirements of the statute has not been proved. As much as I feel for the alleged victim, and
as much as I wish I could grant the order she (usually, but not always a she)
has requested, I simply cannot under the law I have sworn to uphold.
I continue to participate in our county’s bi-monthly
meetings on addressing the serious and pressing issues of domestic
violence. We have worked together to
streamline and standardize the procedures in handling these cases, from
investigation through trial and after.
I know the actions of this group of law enforcement,
prosecutors, defense attorneys, probation and social workers has made our
county safer for victims of domestic abuse.
I also know we have much more work to do.
And I guarantee that the State or the Petitioner in such
actions must prove their case before I will issue a guilty verdict or order for
protection.
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Next Week: Be Careful
What You Ask For
