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March 1997 Thqj Thte Stnro The Advocate Journal] of Criminal Justice Education & Research Volume 19, No. 2, March 1997 ThQJ ThTE stnro Psychological Trauma reasonably priced copy abounds in today’s criminal today. TRAUMA justice system. While it is most usually understood The 25th Annual Public from the viewpoint of the Defender Conference is victim, it frequently ex June 16-18, 1997 at The plains, not excuses, the Campbell House Inn in Lexi * Ruth on PTSD criminal behavior of crimi ngton, Kentucky. Make nal defendants. your plans to attend now. Our theme for this yearly The works of Douglas gathering is: Celebrating 25 Ruth, M.D., Kathleen Way- Years of Independent Defense 4 Jordon on Effective Inter- land, Ph.D., Carol Jordan, of Indigents: Preparing for the vention in Cases of Domestic T.J. Wentz, Richard Alex Next 25 Years of Interdepen ander and Judith Herman, dent Advocacy. Violence M.D. in this issue reveal many of the dimensions of Tj. Wentz of our Rich trauma. mond trial office has be come the associate editor * Wentz on Defending Domestic The better we understand for The Advocate’s District this lasting psychological Court Column. He begins Violence Cases injury, the more effective with a timely topic, domes we wifi make decisions tic violence defenses. about Kentucky’s accused. What are your thoughts on Public Advocate’s Coals. * Alexander on how to reveal this reality Ernie Lewis sets out his better? goals for Kentucky’s state Traumatically Brain Injured wide indigent criminal The New Federal Habeas defense system: Law has created drastic changes, harsh realities, and 1 fuil-time delivery * Wayland on stark timelines. Take note of representation; of what Tennessee Federal 2 effective death DSM-IV & PTSD Defender Paul Bottei is penalty defense; telling us. 3 interdependence. The DPA Mental Health Give us your reactions to * Herman’s Manual has 195 pages of these. superb thinking and practi Trauma & Recovery cal ideas. Send for your Edward C. Monahan, Editor, The Advocate _______ The Advocate, Vol. 19, No. 2, March, 1997 The Advocate TABLE OF CONTENTS Seeking Nominations 3 Public Advocate’s Goals - Ernie Lewis 4 The Advocate provides education andresearchforpersons servingin- PTSD in the Forensic Setting - Douglas D. Ruth, M.D. 5-13 digent clients in order to improve client representation and insure fair process and reliable results for An Introduction to Effective Intervention in Cases those whose life or liberty is at of Domestic Violence - Carol E. Jordan, M.S. 14-16 risk. The Advocate educates criin inai justice professionals and the District Court Practice: public on its work. its mission, and Defending Domestic Violence Cases its values. - T.J. Wentz 17-22 The Advocate is a bimonthly Janu ary, March, May, July, September, The Traumatically Brain Injured & The Law November publication of the Dc- - Richard Alexander 23-28 partment of Public Advocacy, an independent agency within the Public Protection and Regulation Some of the Nitty Gritty: Examples of Changes Cabinet. Opinions expressed in art- in the DSM-1V - Kathleen Wayland, Ph.D. 29-33 ides are those of the authors and do not necessarily represent the Trauma & Recovery: A Book Review - Ed Monahan 34 views of DPA. The Advocate wel comes correspondence on subjects covered by it. Ifyou have an article Dr. Smith Replies to Drs. Semone & Norton 35 our readers will find of interest, type a short outline or general de- The Use of ‘Vlenerators" in Brainstorming scription and send it to the Editor. - Eric Y. Drogin, J.D., Ph.D. 36-38 Copyright 0 1997, Kentucky Department of Public Advocacy. Afl rights reserved. Per mission for reproduction is granted provided Update on the New Federal Habeas Corpus credit is given to the author and DPA and a copy of the reproduction is sent to The Advo Statute of Limitations cate. Permission for reproduction of separately - Paul Bottei 39-43 copyrighted articles mustbe obtained from that copyright holder. Double Jeopardy as a Bar to Concurrent School Board EDITORS: & Criminal Prosecutions for the Same Conduct Edward C. Monaban, Editor: 1984 - Present Erwin W. tnt., Editor 1978-1983 - Richard Hoffman & Sam Collins 44-47 CS Brown, Managing Editor: 1983-1993 Tins Meadows, Graphics, Design, Layout, & Advertising Tips on Basic Expert Consultation - Austin Price 48-51 Contributing Editors: Roy Collins & Melissa Han- West’s Review - Julie Namkin 52-61 Recruiting & Personnel Rebecca Dilorete - Juvenile Law 14. went . District Court Plain View - Ernie Lewis 62-69 Dan Goyette- Ethics Bruce Hackett -6th Circuit Review Bob Hubbard- Retrospection Sixth Circuit Highlights - Bruce Hackett 70-75 Ernie Lewis. Plain View Steve Mirldn. Contract Counties Julie Namldn - West’s Review DPA Mental Health Manual Now Available 76-7 7 David Niehaus- Evidence Dave Norat . Ask Corrections Julia Pearson- Capital Case Raview Envisioning Information,- A Book Review - Jim Clark, Ph.D. 79-80 Department of Public Advocacy 100 Fair Oaks Lane, SUite 302 Appalachians as a Cultural Group: Pan IV Frankfort, KY 40601 - Cris Brown 81-86 Tel: 502 564-8006; Fax: 502 564-7890 E-Mail: [email protected] Paid for by State Funds KRS 57.375 & donations ____________ ____________ The Advocate, Vol. 19, No. 2, March, 1997 Public Advocacy Seeks Nominations GIDEON AwARD: Rosa Parks Award TRUMPETING COUNSEL FOR for Advocacy for the Poor KENTUCKY’S POOR Established in 1995, the Rosa Parks Award In celebration of the 30th Anniversary of is presented at the Annual DPA Public the United States Supreme Court’s land Defender Conference and the Annual Pro mark decision in Gideon v. Wainwright, fessional Support Staff Training Conference 372 U.S. 335 1963, the Kentucky Depart to the non-attorney who has galvanized other ment of Public Advocacy established the people into action through their dedication, Gideon Award in 1993. The award is pre service, sacrifice and commitment to the sented at the Annual DPA Public Defender poor. After Rosa Parks was convicted of vio Conference to the person who has demon lating the Alabama bus segregation law, strated extraordinary commitment to equal Martin Luther King said, ‘I want it to be justice and who has courageously advanced known that were going to work with grim the right to counse/ for the poor in and bold determination to gain justice... And Kentucky. we are not wrong.... Ifwe are wrong justice Send written nominations to the Deputy is a lie. And we are determined...to work and Public Advocate by April 15, 1997 indi fight until justice runs down like water and cating: righteousness like a mighty stream." 1 Name of the person nominated; Send written nominations to the Deputy 2 Explanation of how the person has Public Advocate by March 24, 1997 indicat advanced the right to counsel for ing: Kentucky’s poor; and, person or other back 3 A resume of the 1 Name of the person nominated; ground information. 2 Explanation of how the person has 1993 Gideon Award Recipient galvanized people to advocate for * J. Vincent Aprile, II Kentucky’s poor; and, General Counsel of DPA 3 A resume of the person or other background information. 1994 Gideon Award Recipients * Daniel T. Goyette and the 1995 Rosa Parks Award Recipient Jefferson District Public * Cris Brown, Paralegal Defender’s Office DPA’s Capital trial Unit 1995 Gideon Award Recipient * Larry a Marshall 1996 Rosa Parks Award Recipient Assistant Public Advocate * Tina Meadows, Executive Secretary DPA’s Frankfort Office for Deputy Public Advocate 1996 Gideon Award Recipient * Jim Cox Assistant Pub1ic Advocate DPA’s Somerset Office An Awards Committee will recommend recipients to the Public Advocate. Lifetime Defense Counsel Achievement Award This Award is established this year by Ernie Lewis, Public Advocate, to honor an attorney for a lifetime of dedicated services and outstanding achievements in providing, supporting, and leading in a systematic way the increase in the right to counsel for Kentucky indigent criminal defendants throughout a lifetime. TheAward is presented at the Annual Public Defender Conference. Send written nominations to the Deputy Public Advocate by April 15, 1997 indicating 1 Name of person nominated; 2 Explanation of their lifetime achievement in systematically providing, supporting and leading an increase in the right to counsel for Kentucky indigent criminal defendants; and, 3 A resume or other background information of the person. 3b I .1 The Advocate, Vol. 19, No. 2, March, 1997 Public Advocate’s Goals It is a true honor to be appointed to be the Public Advocate for a four-year term, I view the position as one of stewardship, and hope that I honor this as I serve as Public Advocate. My Perspective Ernie Lewis I hope to use this forum over the next several lawyers have long played a vital role in indi issues to detail those efforts and initiatives gent defense. They are going to continue to that I hope to mike as the Public Advocate. In play a vital role in any system of indigent understanding where I want to take the DPA, defense in Kentucky. However, I would like to it might be helpful to understand the per continue to move DPA toward the full-time spective that I bring to the task. I grew up delivery method as the primary mode of deliv during the Sixties, and like many of you, was ery. At the same time, this full-time delivery greatly influenced by the winds of change dur method features as a prominent characteristic ing that time. After graduating with a B.A. in a partnership with the private bar. More on English from Baylor University, I served for a that to follow. year as a VISTA Volunteer in Minnesota. While there, I witnessed my first poor person’s Death Penalty. A second theme of my four lawyer, a VISTA lawyer earning $200 per years as Public Advocate will be the full month.
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