Victims' Rights Around the Country Brochure

NCVLI PRESENTS

APRIL 22, 2021 11:00 AM TO 5:00 PM PACIFIC DAYLIGHT TIME

A National Conversation About Victims' Rights

Beyond the Courtroom: Advocating for Sexual Assault Survivors 11:00AM -12:00PM Pacific Sexual assault is historically underreported to law enforcement, and of the few cases that are reported, even fewer result in a conviction. While Illinois’ victims’ rights laws allow for victim status pre-charging, sexual assault survivors face unique obstacles at the pre-charge phase of a case. The Chicago Alliance Against Sexual Exploitation will present how they have addressed these issues by fighting for survivors in innovative ways, reaching beyond the courtroom to overturn systemic problems and create change in individual cases and for survivors going forward.

Kaethe Morris-Hoffer Executive Director CAASE

Elizabeth Payne Managing Attorney CAASE

Terry Campos Legal Team NCVLI

Beyond the Trial Court: Victims’ Rights Advocacy in Appellate Courts 12:15PM -1:15PM Pacific As more victims come to know their rights and more attorneys stand ready to help them assert and seek enforcement of those rights, trial courts nationwide are becoming more familiar with victim law. That familiarity does not always mean they get it right, however. So what happens when a victim’s right is denied in the trial court? And what if the trial court gets it right but one of the parties later challenges that decision? Understanding the available avenues of appellate relief is a critical component of victims’ rights practice. In this session, presenters will discuss how victims’ rights practitioners can access appellate courts to protect victims’ rights. The session will be grounded in Ohio law but the lessons can inform appellate practice nationwide.

Elizabeth Well Legal Director OCVJC

Meg Garvin Executive Director NCVLI

Christopher Woeste Deputy Legal Director OCVJC

From Denial of Victim Status to Challenging State Supreme Court Precedent: An Arizona Case Study 1:30PM -2:30PM Pacific Arizona’s Victims’ Bill of Rights, the constitutional amendment that grants crime victims procedural and substantive rights, will celebrate its 31st anniversary this year. Despite this lengthy history, ensuring victims’ rights are afforded continues to be a challenge in many cases. Using a case study, we will examine one victim and her attorneys’ efforts to secure enforcement of the victim’s rights—resulting in case law that clarifies who is a victim, whether a victim’s attorney may sit in the well of the courtroom, and whether the right to restitution can be capped

Colleen Clase Chief Counsel AVCV

Amy Liu Senior Appellate Attorney NCVLI

Securing Constitutional Victims’ Rights for Crime Victims 2:45PM -3:45PM Pacific The California Victims’ Bill of Rights, also known as Marsy’s Law, was enacted in California in 2008. More than a decade after it became law, many victims are still not informed of their rights. Join us as we discuss best practices for requesting these rights, the importance of being a proactive participant in the criminal justice system, and how we need to work collectively to ensure that these rights are a reality for crime victims. The training will also highlight the right to restitution. Attendees will learn what types of expenses can be included as part of restitution, when you can request restitution, what to do if it is not ordered, and how a victim can collect restitution once it is ordered.

Mariam El-menshawi Director VCRC

Amy Liu Senior Appellate Attorney NCVLI

Realizing the Right to Restitution 4:00PM - 5:00PM Pacific This Q&A-style discussion will include an overview of victims’ right to restitution in Oregon and an analysis of recent restitution-related case law.

Practical tips for working with victims and prosecutors seeking to assert the right to restitution will be shared, including filing restitution memoranda in connection with criminal cases.

Rosemary Brewer Executive Director OCVLC

Rebecca Khalil Director of Victim Assistance & Training NCVLI

Speaker Bios Rosemary Brewer Rosemary Brewer is the Executive Director of the Oregon Crime Victims Law Center, a nonprofit organization that provides free legal representation to Oregon crime victims throughout the criminal justice process. She manages the daily operations of the Center, including supervision of a staff of six (including four other attorneys). Ms. Brewer also assists victims in asserting their rights throughout the criminal justice process, including in pretrial and postconviction proceedings. OCVLC also assists victims with representation in contested restraining order hearings and provides advocacy to crime victims. Ms. Brewer regularly provides training and technical assistance to prosecutors, private attorneys, and advocates throughout the state on various victims’ rights issues.

Prior to coming to OCVLC, Rosemary was an Assistant State's Attorney in Baltimore, Maryland, where she led an innovative felony drug diversion court and worked in the collateral unit, which handled felony probation violations.

Before working in Baltimore, Rosemary was an Assistant District Attorney in Atlanta in the felony trial division. There she handled a large number of cases, including domestic violence, child abuse, rape, and homicide. She has worked with crime victims her entire legal career, and is now dedicated to seeing crime victims' rights recognized and enforced throughout the state of Oregon.

Terry Campos Terry Campos researches victims’ rights laws and policies across the United States, provides technical legal assistance to attorneys and advocates nationwide, drafts amicus curiae briefs, and presents online and in-person trainings and webinars on a variety of victims’ rights topics.

Prior to joining NCVLI, Terry Campos was an appellate attorney with the Office of the State Appellate Defender (OSAD) in Chicago, Illinois, representing indigent persons on appeal in criminal cases and interned for the Metropolitan Public Defender in Portland, Oregon. Terry Campos has a BS in Wildlife Ecology from the University of Florida and a JD from the Northwestern School of Law of Lewis & Clark College with a certificate in Criminal law.

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Colleen Clase Colleen Clase, J.D. LL.M., is Chief Counsel with Arizona Voice for Crime Victims in Phoenix, Arizona. Ms. Clase has been counsel of record for victims of crime in both state and federal prosecutions, many of which are homicide and sexual assault cases that involve child-victims, and has successfully litigated issues related to protecting the constitutional and statutory rights of victims in Arizona’s trial and appellate courts.

Additionally, she has spoken in front of legislative committees on various victims' rights issues, has been a panelist on numerous webinars hosted by the National Crime Victim Law Institute in Portland, Oregon, presented on victims’ rights issues to attendees at the 2017 National Crime Victims’ Rights Law Conference, the 2017 Courthouse Dogs Conference, the 2018 & 2019 Parents of Murdered Children Conferences, the 2018 NOVA Conference, and the 2019 San Diego Conference on Child and Family Maltreatment.

Ms. Clase has also served on various task forces and committees, including the Arizona Supreme Court’s Commission on Victims in Court, the Arizona Attorney General's Victims' Rights Advisory Committee, and the Victims Advisory Group to the United States Sentencing Commission.

Mariam El-menshawi Mariam El-menshawi is the Director of California Victims of Crime Resource Center and an Adjunct Professor of Law. She is also the Managing Attorney at the VCRC- Legal Center, which provides holistic legal services to victims of crime. Mariam received her joint JD - MBA degree from University of the Pacific, McGeorge School of Law. She was drawn to victims’ rights as a law student, where she worked directly with victims and conducted research on victims’ rights.

Mariam is dedicated to helping victims of crime understand their rights and assisting them in navigating and enforcing their rights in the criminal justice system.

She serves on the California Office of Emergency Services (CalOES) VOCA Steering Committee, CalOES VAWA Steering Committee, U.S. Attorney’s Hate Crime Task Force, Financial Abuse Specialist Team, Older Adults Coalition Multidisciplinary Team, and is the Co-Chair of the Victims of Crime Legal Forum.

Mariam was honored with the “2016 Legal Advocacy Award” by the National Crime Victim Law Institute and the 2019 “Local Hero Award” by SafeQuest Solano.

Meg Garvin Meg Garvin, MA, JD, MsT, is the Executive Director of the National Crime Victim Law Institute (NCVLI) and a Clinical Professor of Law at Lewis & Clark Law School. Professor Garvin is recognized as a leading expert on victims’ rights and is co-author of Victims in Criminal Procedure. She has testified before Congress, state legislatures, and the Judicial Proceedings Panel on Sexual Assault in the Military. She serves on the Defense Advisory Committee on Investigation Prosecution, and Defense of Sexual Assault in the Armed Forces; on the Victims Advisory Group of the United States Sentencing Commission; and Oregon Chief Justice’s Criminal Justice Advisory Committee.

Previously she served as co-chair of the American Bar Association’s Criminal Justice Section Victims Committee, co-chair of the Oregon Attorney General’s Crime Victims’ Rights Task Force, as a member of the Legislative & Public Policy Committee of the Oregon Attorney General’s Sexual Assault Task Force, and on the Victim Services Subcommittee of the Response Systems to Adult Sexual Assault Crime Panel of the United States Department of Defense. Professor Garvin received the John W. Gillis Leadership Award from National Parents of Murdered Children in August 2015.

Prior to joining NCVLI, she practiced law in Minneapolis, Minnesota, and clerked for the Eighth Circuit Court of Appeals. Professor Garvin received her MA from the University of Iowa, her JD from the University of Minnesota, and her Mst in International Human Rights Law from the University of Oxford. Pronouns: she/her/hers

Rebecca S.T. Khalil Rebecca Khalil is NCVLI’s Director of Victim Assistance and Training. In this role, she directs NCVLI’s advocate academies and training opportunities and oversees victim resources and referrals. In addition, as part of the legal team, she researches victims’ rights laws and policies across the United States, drafts amicus briefs, provides technical legal assistance to attorneys and advocates nationwide, and creates and presents online and in-person trainings and webinars on a variety of victims’ rights topics. From 20102012 she directed NCVLI’s Safeguarding Child-Victims’ Rights Initiative.

Before joining NCVLI, Ms. Khalil was a litigation associate with Baker & Hostetler LLP in New York City, where she worked on a number of complex commercial and business litigations, including trade secret, securities, and contract cases, as well as white collar criminal defense, governmental and quasi-governmental matters, and corporate investigations. During law school, she was an extern with the Criminal Division of the U.S. Attorney’s Office in San Jose, California.

Ms. Khalil holds a BA in History from Seattle University and earned her JD from Stanford Law School, where she was elected to the Order of the Coif.

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Amy Liu Ms. Liu is the Senior Appellate Attorney at NCVLI. In this capacity she works on NCVLI’s national litigation efforts to advance victims’ rights nationally, crafting strategic litigation plans, writing amicus curiae briefs and counseling other attorneys on effective legal advocacy.

In addition, as part of the NCVLI Legal team, Ms. Liu provides legal technical assistance to attorneys and victim advocates nationwide on crime victims’ rights related topics. Ms. Liu also creates and presents at online and inperson trainings on a variety of victims’ rights law topics.

Ms. Liu served as the NCVLI Liaison with the American Bar Association’s Commission on Domestic & Sexual Violence from 2019-2020. Before joining NCVLI, Ms. Liu worked in student services at the University of Iowa College of Law and also practiced law as a litigation associate in the Los Angeles offices of Skadden, Arps, Slate, Meagher & Flom LLP and Morgan, Lewis & Bockius LLP. Ms. Liu clerked for the Honorable Audrey B. Collins and the Honorable Robert J. Kelleher of the United States District Court, Central District of California. She received her BA in Economics/Business and JD from the University of California, Los Angeles.

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Kaethe Morris-Hoffer Kaethe is the Executive Director of the Chicago Alliance Against Sexual Exploitation and has been with CAASE since 2009, when a legal services and policy advocacy nonprofit she founded became part of the organization.

Kaethe has been working against inequality and sex-based violence for decades, engaging in feminist advocacy and litigation in many venues. Internationally, she represented Equality Now in United Nations proceedings that created the international law against sex trafficking, and served as project manager for a precedent-setting civil lawsuit led by Catharine MacKinnon on behalf of survivors of Bosnian-Serb rape death camps. At the state level, Kaethe served on Governor Ryan’s Commission on the Status of Women in Illinois, through which she co-authored the Gender Violence Act, and assisted in the development and passage of the Civil No Contact Order Act and the Victims’ Employment Safety and Security Act. Locally, Kaethe served as an Assistant to the Mayor in the Daley Administration, directed federal affairs for the AIDS Foundation of Chicago, and represented low-income women at Legal Aid Chicago. Kaethe is a current member of the Illinois Council on Girls and Women, and a past member of the American Bar Association Commission on Domestic and Sexual Violence and the Cook County Women’s Commission.

In recent years Kaethe has been recognized by the Chicago Foundation for Women (Impact Award) and the YWCA Evanston/North Shore (YWomen Leadership Award). Kaethe is a graduate of Swarthmore College and the University of Michigan Law School.

Elizabeth Payne Elizabeth Payne is the Managing Attorney of the Victims Rights Representation Division at the Chicago Alliance Against Sexual Exploitation. She oversees cases that focus on enforcing the rights of survivors of sexual abuse within the criminal justice system. Prior to coming to CAASE, Elizabeth was a Senior Assistant District Attorney in the Special Victims Bureau of the Kings County District Attorney’s Office in Brooklyn, New York, where she prosecuted sexual assaults and the physical and sexual abuse of children.

She is a seasoned trial attorney and has worked extensively with law enforcement officers, judges, defense attorneys, medical professionals, and social workers in the criminal field. Elizabeth also served as a law clerk with the Wisconsin Supreme Court and is a graduate of The University of Colorado, Colorado Springs, and The University of Chicago Law School.

Prior to law school, Elizabeth was extensively engaged in progressive advocacy work in her hometown.

Elizabeth is passionate about women’s issues and focused on creating a world where gender-based violence is a thing of the past.

Elizabeth Well Elizabeth Well is the Legal Director at Ohio Crime Victim Justice Center. Elizabeth graduated from Ohio University with a bachelor’s degree in political science and attended Ohio Northern University for law school, where she graduated with a juris doctorate with distinction.

In her time with Ohio Crime Victim Justice Center, Elizabeth has provided assistance to hundreds of crime victims, litigating their rights in trial courts, appellate courts, and the Ohio Supreme Court, provided training to thousands of criminal justice system officials on victims’ rights in Ohio, and participated in the Marsy’s Law constitutional amendment campaign, including a leading role in drafting the amendment’s implementing legislation.

Elizabeth is also an adjunct instructor at Columbus State Community College in the paralegal studies department.

Christopher Woeste Chris is the Ohio Crime Victim Justice Center's Deputy Legal Director. He graduated from George Washington University with a bachelor’s degree in political science focusing on public policy. He continued his education at the Ohio State University, earning a master’s degree in public policy from the John Glenn College of Public Affairs and a law degree from the Moritz College of Law. Chris interned at several non-profits,including the Alzheimer’s Association of Central Ohio, Disability Rights Ohio, and the AARP Public Policy Institute.

At OCVJC, Chris argued the first victim-initiated appeal of a Marsy’s Law right in Ohio and worked on numerous Title IX, immigration, and victims’ rights litigation issues.

To learn more about RISE clinics go to NCVLI.org This training is supported by Grant Nos. 2018-V3-GX-K018 and 2020-V3-GX-K022, awarded by the Office for Victims of Crime, Office of Justice Programs, U.S. Department of Justice. The opinions, findings, conclusions or recommendations expressed in this Project are those of the author(s) and do not necessarily represent the official position or policies of the U.S. Department of Justice.