School of Law National Crime Victim Law Institute 2005 Law & Litigation Conference
 



2005 Crime Victim Law & Litigation Conference

A LEGAL SYMPHONY: INSTRUMENTS OF LEGAL ADVOCACY

June 17-June 18

Hilton Hotel, Portland Oregon

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Conference Tuition & Registration


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Conference Faculty

The National Crime Victim Law Institute gratefully acknowledges the financial assistance from the Office for Victims of Crime. This conference is supported by Grant No. 2002-VF-GX-K004, awarded by the Office for Victims of Crime, Office of Justice Programs, U.S. Department of Justice.

CURRICULUM

This year's program offers three different curriculum emphases, which are designed to provide either a specific course of learning, or "mix-and-match" options for a broader legal overview of Crime Victims' Rights.

  • Group A Foundational Victim Law
  • Group B Sexual Assault
  • Group C Advanced Victim Law

Using the groups as a guideline, attendees are encouraged to design their own curricula based on individual practice, background and familiarity with victim law. Practice-specific model curricula will be available here soon.

Program for Friday, June 17

7:15am Registration and Continental Breakfast
8:00-8:30am Welcome and Introduction by OVC Director John Gillis
8:30-10:00am General Session
Strength of Diversity: Everyone Benefits
Former Denver County Prosecutor Norman S. Early, Jr., will examine the Crime Victims' Rights Movement as a microcosm of society, the necessity and benefit of having every voice at the table, and strategies for eliminating barriers to access to legal rights and representation for all victims of crime.
10:00-10:30am Break
10:30-12:00 pm Morning Sessions
A: Sexual Assault Protocols Yakima Co. WA Prosecutor Patricia Powers will present strategies for attorneys and advocates working proactively with prosecutors and law enforcement to support and enhance sexual assault victims' interactions within a criminal justice context.
B: Use of DNA in Sexual Assault Cases Yesterday and Today Government Affairs Attorney, Lisa Hurst, will review changes in DNA utilization in sexual assault cases, focusing on the impact of cold hit cases on the victim, and what the criminal justice system may fail to recognize.
C: Go Away - Help Me: Understanding Trauma Survivors Using case examples, Ellen Goldberg, Mental Health Consultant with the CARES NW Family Support Team, will examine the effects of trauma on memory, cognition, affect, relationship and behavior, and offer tools for working with survivors.
12:00-1:00pm Lunch
12:30-1:00pm Keynote Speaker Hon. Paul Cassell will discuss his representation of Oklahoma City bombing victims/survivors, the injustices suffered by those victims, and efforts to amend the federal rules of criminal procedure to incorporate the new federal law.
1:15-2:45pm Early Afternoon Sessions
A: Lawyers for Victims: Representing Victims in the Criminal Process Presented by a panel of State Victim Clinic Attorneys working in the trenches, session will provide a nuts and bolts guide for representing crime victims in criminal courts.
B: Confidentiality: Waivers of Privilege Jamie Mills, Counsel for Connecticut Sexual Assault Crisis Services and Karen Phifer, Clinical Operations Supervisor, CARES NW: presenters will address the complexities of protecting victims’ private information in and out of litigation. This workshop will identify the various pressures on the privacy rights of victims of crime including mandated reporting statutes, exceptions to and waivers of evidentiary privileges, discovery abuses, and violations of confidentiality. Specific strategies and practices to promote and maintain victim privacy, and to prevent or limit disclosure of victims’ personal information will be introduced.
C: VictimLaw: Legal Rights for Victims - A Mouse Click Away This presentation by Carol Dorris, NCVC Public Policy, Senior Staff Attorney, will introduce VictimLaw, a comprehensive, user-friendly, on-line database of federal, state, and tribal victims' rights laws and case law being developed to meet the needs of a wide variety of users with different levels of substantive expertise. Audience will learn how easy access to accurate, up-to-date legislative information can advance the cause of crime victims' rights by facilitating the exercise, implementation, and enforcement of those rights.
2:45-3:00pm Break
3:00-4:30pm Late Afternoon Sessions
A: Victims' Attorneys: Working with Prosecutors and Defense Attorneys State Victim Clinic Attorneys Sandy Bromley and Richard Pompelio will discuss effective strategies and practical tips to ensure client's rights are upheld in the criminal trial.
B: Models of Sexual Assault Multidisciplinary Team (MDT) Development Presenters Phyllis Barkhurst, Executive Director of Oregon AG's Sexual Assault Prevention Task Force, and Donna Dunn, Program Manager of Sexual Violence Justice Institute: This session will include a discussion of two successful models of statewide, collaborative approaches to establishing statewide multidisciplinary efforts to respond to sexual violence. Models will provide templates on which a state or local team can begin crafting a multidisciplinary response that centers on the victim.
C: Potentially Sour Notes: Professional Responsibility Challenges to the Representation of Crime Victims New Mexico Victims' Rights Legal Assistance General Counsel, Melissa Stephenson's presentation will benefit participants by getting them to acknowledge and discuss the ethical challenges presented by representation of victims of crime, and also potentially help practitioners develop policies and protocols to avoid pitfalls.
4:30pm Adjourn

Program for Saturday, June 18

7:30am Continental Breakfast
8:30-10:00am Early Morning Sessions
A: A New World for Victims: Enforceable Rights in Federal Court Steve Twist, Director, Arizona Voice for Crime Victims, will review content and implications of H.R. 5107 - the Scott Campbell, Stephanie Roper, Wendy Preston, Louarna Gillis, Nila Lynn Crime Victims' Rights Act - signed into law in Fall 2004.
B: Victims & the Media Victim Advocacy Research Group Director Wendy Murphy will discuss the new challenges facing victims resulting from 24/7 news coverage and a growing public interest in legal controversies. What's happening to victims in the court of public opinion and how is it affecting courts of law?
C: Restitution for Crime Victims - Promising Practices Sandy Bromley & Julise Johanson, State Victim Clinic Attorneys, explore two states' systems and their impact on victims' rights. Session will cover general concepts, the importance of restitution to a crime victim, and the role of the attorney.
10:00-10:15am Break
10:15-11:45am Second Morning Session
A: Protecting the Rights of the Victim at the Plea and Sentencing Proceedings: Keeping the Balance True. Presented by Richard Pompelio, New Jersey Victim of Crime Compensation Board Chairman, this session will focus on advocating and protecting the rights of the victim at the plea and sentencing proceedings.
B: The First Building Block of Justice: Definitions of "Victim" Lead NCVLI Staff Attorney Meg Garvin will discuss the legal definitions and limitations of "victim", including strategies for inclusion in the definition.
C: Crime Victim Relocation Counseling Project Senior Staff Attorney, Minnesota Sexual Assault Response Services, Valenda Applegarth will introduce a complicated array of civil legal issues surrounding victim safety and relocation, including immigration, housing, state and federal benefits, consumer law, etc.
11:45am-12:45pm Lunch
12:15-1:00pm Lunchtime Presentation: Top 3 Cases that Need to be Litigated to Advance Victims' Rights Movement presented by NCVLI Executive Director Doug Beloof, Senior NCVLI Staff Attorney, Jessica Mindlin and Arizona Voice for Crime Victims Executive Director Steve Twist
Awards Presentation The National Crime Victim Law Institute will recognize individuals for their contribution to crime victim law and service to victims.
1:15-2:45pm Afternoon Sessions
A: New & Enforceable Federal Victims Rights Professor Doug Beloof will explore avenues of appeals courts, including writs, appeals and interlocutory appeals.
B: Impact Litigation: Changing the legal Landscape, One Victim at a Time State Clinic Attorney Keli Luther, and NCVLI Staff Attorneys Kim Montagriff and Liani Heh Reeves will examine strategies and tools for targeting an issue, identifying an appropriate mechanism, and finding plaintiff(s) for impact litigation.
C: Using the Constitution to Enforce Victims' Rights NCVLI Staff Attorney Joanna Tucker Davis and Wendy Murphy will direct the audience in thinking outside the statutory box, to learn powerful constitutional arguments to help protect victims' rights.

Return to NCVLI Home Page

NCVLI's 4th Annual Crime Victim Law and Litigation Conference is being held at the Hilton Portland Hotel & Executive Tower, 921 SW Sixth Avenue, in downtown Portland, Oregon. The following links can help in planning a visit to Portland: