Commission on Domestic Violence

COMMISSION ON DOMESTIC VIOLENCE INFORMATIONAL REPORT TO THE HOUSE OF DELEGATES

Since its inception in 1994, the Commission on Domestic Violence has emerged as a nationally- recognized leader in improving access to justice for victims of domestic violence, sexual assault and stalking by providing trainings, technical assistance, and educational materials to attorneys and advocates representing victims, judges, prosecutors, and doctors and others. The Commission provides national leadership regarding the legal response to domestic violence, working closely with ABA entities and national domestic violence, sexual assault and stalking organizations to raise awareness among attorneys and to increase the number of attorneys providing representation to victims in a wide range of legal fields. Some of the Commission’s most recent projects include:

 Continuing Legal Education. The Commission provides ongoing continuing legal educational opportunities to attorneys representing victims of domestic violence. Since 2000, through a Legal Assistance for Victims grant from the U.S. Department of Justice, Office on Violence Against Women, the Commission has hosted five national civil law institutes and ten teleconferences focusing on critical legal issues raised when representing victims of domestic violence. These programs have focused on the development of civil litigation skills and the unique issues to be addressed including when representing immigrant victims, elder abuse victims, disabled victims, victims of sexual assault, and issues raised in interstate custody cases and the impact of domestic violence on children. Our most recent program was a national civil law institute in Chicago in July 2005 that focused on building civil litigation skills including direct and cross examination of witnesses. In addition to our grant-funded programming, the Commission has hosted programming at the ABA Annual Meeting and in conjunction with our business meetings. In 2005, the Commission hosted a continuing legal education program on the use of expert witnesses in domestic violence cases in Seattle, Washington and a program on civil remedies in human trafficking cases and their intersection with domestic violence at the ABA Annual Meeting in Chicago, Illinois in August 2005. Moreover, the September 2005 ABA Journal cover story entitled, When Home Comes to Work, accompanied a national teleconference on this topic to which over 800 people have listened since it first aired in September 2005. Finally, at the ABA Mid-Year Meeting in Chicago, the Commission will host a program entitled Pro Bono: Its Not Just Litigation in conjunction with President Greco’s Renaissance of Idealism Initiative.

 Law School Initiative. The Commission works with law schools and law students to integrate domestic violence education into their activities and courses. This initiative was substantially funded by the U.S. Department of Justice, Office on Violence Against Women which supported the Commission’s publication in 2004 of Teach Your Students Well: Incorporating Domestic Violence Into Law School Curricula, A Law School Report. This report describes the current extent of domestic violence education in each of the nation’s law schools and includes extensive suggestions and model curricula for including of domestic violence into a wide variety of law school subjects. This report may be downloaded from the Commission’s website www.abanet.org/domviol. In conjunction with

this publication, the ABA House of Delegates adopted policy sponsored by the Commission on Domestic Violence encouraging law schools and law student to promote awareness of domestic violence through law school activities and programs. Moreover, in 2004, the Commission launched its first ever law student writing competition that has now become an annual program.

 International Fellow Initiative and Collaboration. Beginning in 2003, the Commission launched a program to host international legal scholars working on violence against women issues to facilitate the exchange of information and strategies for legal responses to domestic violence around the world. In 2003, the Commission hosted a fellow from China and in 2005 – 2006 the Commission has collaborated with the ABA Latin American Initiative to host a scholar from South America. Moreover, the Commission works closely with ABA Africa Law Initiative, ABA Asia Law Initiative, and CEELI to provide support to their work around the globe focusing on addressing violence against women in legislative and other initiatives including program on trafficking of women and girls. Finally, each year, the Commission staff meets with delegations of leaders from countries around the globe to exchange information to improve legal responses to domestic violence. Most recently, the Commission has meet with delegations from Ecuador, Brazil, Japan, Bosnia, Croatia, and many others.

 Economic Justice for Domestic Violence Victims. The Commission works closely with ABA entities including the Section of Taxation and the Tort, Trial and Insurance Practice Section to develop educational materials focusing on the economic-related legal rights of victims of domestic violence. In addition, among the Commission’s members and staff, there is a depth of experience and expertise in the area of workplace and domestic violence leading the Commission to frequently be asked to provide trainings and presentations on these issues.

 Publications. A second edition of one of the Commission’s most popular publications, The Impact of Domestic Violence on Your Legal Practice, was published in 2004 with the generous support of Mary Kay Inc. This handbook serves as a reference point for attorneys across the country representing victims of domestic violence in a wide range of practice areas including tax, immigration, employment, family law, torts and many more. In 2005, the Commission released its Tool for Attorneys to Screen for Domestic Violence to provide guidance and support to all attorneys to incorporate questions into their standard intake to determine if their client is a survivor of domestic violence and incorporate this information into their representation. This publication was featured by ABA President Greco on the ABA’s website during October 2005, which is National Domestic Violence Awareness Month.

 Website, Listserve, and E-Newsletter. The Commission’s website is recognized as an invaluable resource for attorneys, law students, legal educators and victims of domestic violence. Updated regularly to include up to date legal resources, it has some of the most comprehensive training materials on domestic violence law available for attorneys. Since October 2003, the Commission has hosted a CDVLAW, a national listserve for attorneys representing victims of domestic violence. The listserve is one of our most effective and

popular educational tool for attorneys with over 500 members representing all 50 states. In October 2005, the Commission launched its quarterly E-Newsletter to provide up to date information to attorneys about specific aspects of domestic violence and the law as well as relevant funding opportunities and case summaries.

 Violence Against Women Act Reauthorization. The Violence Against Women Act (VAWA) which is the primary mechanism for federal funding for civil and criminal training and education of police, attorneys, and the judicial, and civil and criminal legal assistance to victims of domestic violence, sexual assault and stalking will expire in 2005. The ABA made reauthorization of VAWA a legislative priority in 2005 and the Commission is working closely with the Government Affairs Office and the national domestic violence community to support passage of the reauthorization of the Violence Against Women Act.

Respectfully submitted, Margaret Drew, Chair, February 2006