D.C. Court of Appeals - 2008
DV LEAP submitted an amicus brief on behalf of numerous local domestic violence organizations to urge the Court of Appeals not to eliminate the private enforcement of civil protection orders by the private victim through criminal contempt. In a contempt case originally litigated between the Office of the Attorney General (OAG) on behalf of the victim and the criminal defendant, the defense had argued that the contempt proceeding was precluded by a plea agreement previously signed with the U.S. Attorney's office (USAO) in which that office agreed not to prosecute the defendant again for the events at issue in the criminal charges.
When the private victim, through the OAG, brought a criminal contempt action, the defendant argued that it violated the defendant's plea agreement. On appeal the argument coalesced around the question of whether only "the State" may prosecute a criminal contempt for violation of a CPO, and whether the OAG stands in the same shoes as the USAO. After oral argument the Court of Appeals ordered the USAO to submit a brief addressing several related questions.
DV LEAP, on behalf of the amici, received permission to submit an amicus brief arguing that, regardless of who the OAG technically represents, the Court should ensure that private victims continue to be able to bring private enforcement actions, in order to preserve their rights to enforce their private CPOs and to ensure they maintain the autonomy and empowerment intended by the CPO statute. The D.C. Court of Appeals recently issued a favorable decision in this case and the D.C. Public Defender's motion for rehearing was denied.