VOTE411 Voter Guide

There are ways judges can ensure fairness in civil and criminal cases. In criminal cases judges will appoint public defenders for those who qualify to provide legal advice and assistance. In civil cases, one way to ensure fairness is to set a pretrial conference where the person being sued can have a conversation with the judge and the opposing attorney. Judges are not allowed to give legal advice, but we can explain basic legal principles and steer people to resources that can assist them.

During hearings it is important that judges give both sides an equal opportunity to be heard. Trust in the legal system improves exponentially if participants feel that they were heard, no matter what the judge’s decision is.

The justice system handles cases that are filed, and so unfortunately in most cases, domestic violence has already occurred when cases are filed in our courts. Things that can be done to attempt to reduce future incidents include issuing protective orders, issuing no contact orders and ordering defendants who plead guilty to domestic violence cases to do jail time and or probation with treatment specifically tailored to domestic violence cases.

Judges should be trained in recognizing factors that are flags for lethality in domestic violence cases such as perpetrators threatening to harm themselves or possessing a firearm. Judges quickly review protective orders petitions and requests for no contact orders, and issue orders.

The most effective tools we are currently using to reduce poverty in the criminal justice system are problem solving courts and pretrial release. In Monroe County we have a Drug Treatment Court, Veterans Court, Re-Entry Court and Mental Health Court. These courts use evidence-based practices to ensure that people get treatment. Keeping a non-violent offender in jail for more than a few days can have devastating effects on their employment, housing and ability to provide for their families.

Pretrial release allows defendants to remain out of jail while awaiting trial. Every person arrested in Monroe County is given a risk assessment and then a release recommendation is made to the judge.