Issue 4, 2019 newsletter of the administrative office of pa courts Is living and working on site Has few or no personal possessions RECOGNIZING SIGNS OF HUMAN TRAFFICKING Shows signs of poor hygiene, malnourishment, and/or fatigue Is not paid directly Owes a large debt and is unable to pay it off ??? Shares scripted, confusing, or inconsistent stories (continued on page 2) In the MJEB training, Pizzi went on to explain that traumatic responses HUMAN TRAFFICKING ON are subjective and may vary between victims. JUDICIAL EDUCATION RADAR Like traumatic responses, coercion is A number of recent judicial education programs focus on recognizing, understanding also subjective and may depend on and addressing human trafficking crimes – including 14 Minor Judiciary Education Board the tactics the abuser used – which is (MJEB) trainings for the 2019-2020 curriculum tailored to magisterial district judges, why some of the statute definitions are and a Continuing Judicial Education (CJE) seminar in November for trial and appellate intentionally vague. judges. Both of these programs were paid for using STOP Grant funds, a federal violence against women grant, see pages 4 and 5. HUMAN TRAFFICKING AND The Villanova Law Institute to Address Commercial Sexual Exploitation (CSE), SAFE HARBOR LAWS in conjunction with MJEB Executive Director Susan Davis and Judicial Programs Administrator Amy Kehner, developed the MJEB trainings. In the federal Trafficking Victims Protection Act (TVPA) enacted in 2000, Superior Court President Judge Jack Panella was lead faculty for the four-hour CJE a commercial sex act is defined as “any seminar, which featured a variety of presenters from prosecutors, to doctors and other judges. sex act on account of which anything of value is given to or received by any person.” RECOGNIZING SIGNS AND “While on the Pizzi explained that anything of value IDENTIFYING VICTIMS could apply to housing, money, drugs, surface, a case etc. – whatever the abuser may be Dr. Marita Lind from St. Christopher’s could look like a holding over a victim. Hospital for Children in Philadelphia prostitution or was invited to speak at the Nov. 7 CJE Both program presenters outlined seminar about the commercial sexual domestic violence the details of Act 105 of 2014, which exploitation of children, explaining to case, the key was the first comprehensive human- judges where and how it can occur. components to trafficking law in Pennsylvania. She spoke to the myriad of factors recognize in human “Our goal is to educate judges about that contribute to vulnerability in child trafficking crimes the relatively new human trafficking trafficking which are often taken into law in Pennsylvania. It was adopted in account when traffickers are recruiting are force, fraud 2014, but has taken quite a while for us their victims – this includes a potential and coercion.” and law enforcement to get used to it victim’s age, family, community and and figure out how to enforce it,” Jamie Pizzi, Esq., medical factors. PJ Panella said when speaking about Justice for Victims the CJE seminar. Potential victims are often recruited Fellow in places like malls and jails, but it’s In the MJEB session, Pizzi said the first becoming increasingly prevalent for conviction by a jury trial under this Act traffickers to target their victims online. Law enforcement is beginning to was in Lehigh County – debunking the understand the signs that could myth that human trafficking just occurs Jamie Pizzi, Esq., Justice for Victims indicate when an individual who in major metropolitan cities. Fellow at Villanova CSE Institute, has been prostituted, is actually presented at three of the October themselves a victim,” she said. Both trainings also offered insight into MJEB trainings. Pennsylvania’s Safe Harbor Law (Act In fact, continually getting convicted of 130 of 2018), which aims to protect, not In the MJEB training, Pizzi explained prostitution could point to underlying prosecute, child victims. that in order to get justice for these human-trafficking crimes. victims, they first need to be identified as victims. “72 percent of human-trafficking APPLICATION OF HUMAN survivors have already had prior court “Many victims don’t understand the TRAFFICKING LAWS TO THE interaction,” Pizzi said. difference between domestic violence COURTS and human trafficking, which leads While on the surface, a case could look to a lot of human trafficking victims like a prostitution or domestic violence Philadelphia Common Pleas Judge Lori thinking they were just in an abusive case, the key components to recognize Dumas created a specialty court called relationship,” Pizzi said at the MJEB in human-trafficking crimes are force, Working to Restore Adolescent Power training. fraud and coercion. (WRAP) Court in 2014, prior to the 2 passing of safe harbor legislation. enhancements for certain human- trafficking charges. At the CJE seminar, she explained how WRAP court was designed Another issue judges face is Rule of HUMAN to address the specialized Evidence 404(b), which may allow needs of trafficked children in a a defendant’s prior bad acts to be TRAFFICKING compassionate, trauma-informed brought up, but only to prove a manner – a crucial aspect to material fact at issue – not to prove VICTIMS MIGHT: understand in these types of cases. bad character. 1. Not be allowed to speak Having heard one of the first human Pizzi, in the MJEB session, had to anyone alone or make trafficking cases in Pennsylvania, explained that using a victim’s prior independent plans Northampton County Judge criminal record to discredit them Stephen Baratta also addressed is unfair because in many cases, 2. Not have access to some important issues for judges to that record is actually proof of their prepare for and be aware of in these victimization. their own travel or ID types of proceedings. documents Wrapping up the CJE seminar, Some of those include understanding Superior Court Judge Mary P. Murray 3. Not be in control of their the sensitive dynamics of a discussed some of the main issues own financial records, human-trafficking trial; protecting presented on appeal. victims from any pre-trial publicity; money or bank account anticipating evidentiary objections; and reviewing the sentence 4. Have very few personal possessions and limited UPCOMING: clothing options The Villanova CSE Institute will be presenting one-hour webinars covering 5. Work excessively long/ topics similar to the MJEB trainings on Jan. 14 and Jan. 21 for interested unusual hours with little or county court staff. Additionally, their Survivor Symposium will be held on April no pay 2, for which AOPC is offering scholarships to five interested judges and court staff to attend. 6. Not be able to clarify their address/living situation more INFORMATION For more information visit cseinstitute.org Saving time, paper and postage costs On March 8, 2020, a new process, and that courts should “This system enhancement will expungement process for both have the ability to complete the streamline the process by eliminating magisterial district and Common Pleas expungement process on their own. unnecessary passing of paper between Courts will take effect. the courts and AOPC/IT,” said Russel The enhancement automates all Montchal, AOPC/IT assistant director. The time-consuming nature of the the tasks that court users would “It allows the courts to select and existing expungement process traditionally need to perform to process the cases to expunge directly requires county and magisterial complete an expungement. Major within the case management system district court staff to generate and mail benefits of this new process include – eliminating the need to produce a thousands of paper expungement significant savings in staff time, paper Request for Expungement form.” requests each month. AOPC/IT staff and postage costs, as well as reducing then review all of the requests and the overall time for completing the Magisterial district courts will also perform the final steps to accomplish expungement process. soon be allowed to expunge truancy expungement in the case management offenses. The new process will be systems. Expungement orders will now be replicated in the Magisterial District treated like any other court order Judge System to permit those courts to After review, it was determined that where court staff can independently similarly expunge cases directly. it is not necessary for AOPC/IT staff take action without AOPC/IT to perform this lengthy confirmation involvement. 3 How can STOP Grant help fund your project? What is STOP Grant? Who might have access to STOP Grant funds? The STOP Grant is a federal violence • All AOPC departments and offices against women grant that stands • Judicial districts for Services, Training, Officers and • Judges • Court administrators Prosecutors (STOP). • Managers/supervisors of domestic relations • Probation and parole The AOPC uses the annual • Clerks and prothonotaries funding to provide support • Family legal services • Professional PA associations and enhance court services where membership includes court/court-related staff: for victims of domestic and • Domestic Relations (DRAP) sexual violence, human • District Attorneys • Pretrial Services trafficking or stalking. • Chiefs of Police • Court Management (PACM) STOP Grant funds are frequently used In 2018, the federal Office of to support court participation in Violence Against Women (OVW) gave totaling coordinated community responses out 56 awards over to foster collaborative