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EXTENDING PROJECT PASSPORT Northeast-Great Lakes Regional Meeting March 21-23, 2007 Voices From Experience: The Positive Impact of Implementing Project.

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Presentation on theme: "EXTENDING PROJECT PASSPORT Northeast-Great Lakes Regional Meeting March 21-23, 2007 Voices From Experience: The Positive Impact of Implementing Project."— Presentation transcript:

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2 EXTENDING PROJECT PASSPORT Northeast-Great Lakes Regional Meeting March 21-23, 2007 Voices From Experience: The Positive Impact of Implementing Project Passport

3 EXTENDING PROJECT PASSPORT: IMPACT IN ARIZONA

4 ARIZONA COURTS 1.More effective collaboration of state agencies and tribal courts on protective orders 2.Court committees have renewed focus on domestic violence and protective orders 3.Creation of Defendant’s Guide Sheet 4.Incorporation of Forms & Project Passport Goals in the Arizona Rules of Protective Order Procedure (ARPOP)

5 ARIZONA’S PROJECT PASSPORT PROTECTIVE ORDERS

6 PROJECT PASSPORT North-South Western Region

7 PROJECT PASSPORT PROTECTIVE ORDER FORMS OBJECTIVE: To improve recognition and enforcement of orders of protection within and between states/tribes

8 PROJECT PASSPORT PROTECTIVE ORDER FORMS HOW? – Identify needs of different entities – Use of recognizable first page - Model Template First Page – Foster ongoing collaboration & info sharing

9 Key Concept of “Model Template…” RECOGNIZABILTY: Consistency in format ALL info required for facial validity on ONE page Passes “squint test”

10 AZ Project Passport Order of Protection Courts can change margins

11 Protected Parties: Only need name & DOB Eliminated: relationship and address Protected Parties: Only need name & DOB Eliminated: relationship and address

12 Reduced to 7 relationship codes

13 Weapon alleged in Petition Estimated DOB – no more 1/1/1900

14 WARNINGS IN SAME POSITION

15 This order is effective for one year from date of service. VERIFY VALIDITY (call holder of record): Sheriff’s Office – computer will print correct number

16 Brady if Order changed at hearing

17 No Contact Starts on First Page Change in logic for no contact Only one box if no contact – Fewer entries Recommended: Allow some contact (i.e. if children, by mail)

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19 Standard Warnings at End of Order If you do not want the Plaintiff to contact you, you have the right to request a protective order against the Plaintiff.

20 ARIZONA’S PROJECT PASSPORT PROTECTIVE ORDER FORMS

21 DEFENDANT’S GUIDE SHEET FOR PROTECTIVE ORDERS

22 Added Brady Language

23 Plaintiff Contact 6. PLAINTIFF CONTACT: Even if the Plaintiff initiates contact, you could be arrested for violating this protective order. You have the right to request a protective order against the Plaintiff if you do not want the Plaintiff to contact you.

24 Firearms Warning 8. FIREARMS: If the judge has ordered UNDER STATE LAW that you shall not possess… Advises defendants of consequences of firearms statutes

25 Time Line for Project Passport Forms Implementation Process May 3, 2006CIDVC & Domestic Violence Rules Committee June 2, 2006Committee on Superior Courts (COSC) June 7, 2006Limited Jurisdiction Committee (LJC) June 19, 2006Arizona Judicial Council (AJC) Summer 2006Finish Programming New DV Module in AZTEC, and Non-AZTEC Courts Generate and Replicate Forms in Case Management Systems September 2006Pilot Testing of New DV Module Fall 2006Implementation of Protective Order Forms November 2006AOC Training for Judges and Court Staff December 2006Full Implementation in All Courts

26 January 2007 Adopted for Use in All Courts

27 EXTENDING PROJECT PASSPORT: IMPACT IN ARIZONA LAW ENFORCEMENT: 1.Higher level priority for protective orders 2.Greater weight given to out-of-state orders 3.Greater awareness of victims’ needs and rights 4.More opportunities for training on protective orders

28 EXTENDING PROJECT PASSPORT: IMPACT IN ARIZONA TRIBAL COURTS: 1.All Arizona tribal courts have been exposed to the new statewide protective order forms 2.HOPI Tribal Court adopted comparable forms 3.Navajo Nation intends to come on board 4.Arizona tribes working on a national level toward goals of Project Passport

29 # AZ Indian Tribes is 19 (15 represented)

30 Contacts for Project Passport Protective Order Forms Konnie K. Young, Domestic Violence Specialist Arizona Supreme Court AOC Honorable William J. O’Neil, CIDVC Chair Superior Court in Pinal County Robert Roll, JUSTIS Manager Arizona Supreme Court AOC Honorable Ben Zvenia SWITCA and Lummi Nation Konnie K. Young, Domestic Violence Specialist Arizona Supreme Court AOC Honorable William J. O’Neil, CIDVC Chair Superior Court in Pinal County Robert Roll, JUSTIS Manager Arizona Supreme Court AOC Honorable Ben Zvenia SWITCA and Lummi Nation

31 ARIZONA RULES OF PROTECTIVE ORDER PROCEDURE

32 FURTHER ORDERED: Proposed Rule 96 CONTINUED. The Committee on the Rules of Procedure in Domestic Relations Cases and the Committee on the Impact of Domestic Violence and the Courts shall consider alternatives and, if deemed advisable, file a petition under Rule 28 proposing statewide domestic violence provisions. FURTHER ORDERED: Pursuant to Administrative Order 96-37, judges in Arizona shall continue to consult the Domestic Violence Benchbook for guidance. Domestic Violence Rules Committee Arizona Supreme Court Minutes September 22, 2005

33 Hon. William O’Neil (Pinal), Chair Konnie K. Young (AOC), Staff Hon. Mark Armstrong (Maricopa) Hon. Kyle Bryson (Pima) Evelyn Buckner, MSW (Gov Office) Clarence Cramer (Pinal) Ellen Crowley, Esq, (Supreme Court) Cpt. Larry Farnsworth (Maricopa) Hon. Elizabeth Finn (Glendale) Bridget Humphrey, Esq. (AG’s Office) Hon. Carolyn Passamonte (Maricopa) Lauri Thomas (Maricopa Clerk’s Office) Dale Wiebusch (ACADV) Dr. Brian Yee (Phoenix) Hon. Ben Zvenia (Tribal Court) Domestic Violence Rules Committee

34 Mission Statement Establish a comprehensive, statewide set of rules of procedure for protective orders aimed at fair, effective, uniform, and timely resolution of family cases involving protective orders, and Enhance enforcement of protective orders and public safety to the extent possible and appropriate. Domestic Violence Rules Committee

35 1. Draft a separate, stand- alone set of rules entitled Arizona Rules for Protective Order Procedure to include procedural rules for Orders of Protection, Injunctions Against Harassment, and Injunctions Against Workplace Harassment Domestic Violence Rules Committee

36 2. Address pro se litigants’ need to have protective order rules that are understandable and simplified Domestic Violence Rules Committee

37 3.Address consistency and uniformity in the processing of protective order cases

38 4.Address the need to have policies and procedures better disseminated and publicized and included in the rules, if possible, and on the web Domestic Violence Rules Committee

39 5.Revise the Domestic Violence Benchbook to include only scripts and judicial information on protective order procedures; utilize the remaining valuable resource information currently included in the DV Benchbook to create a Domestic Violence Resource Book for public distribution Domestic Violence Rules Committee

40 6. Establish priority in the courts for protective order cases

41 7. Provide better coordination of domestic violence resources for the benefit of litigants Domestic Violence Rules Committee

42 8.Relax the rules of evidence standards for protective order cases Domestic Violence Rules Committee Rules of Evidence

43 9.Address the need to be cognizant of domestic violence issues and protective orders in ADR processes to ensure the safety of the litigants and any children involved Domestic Violence Rules Committee

44 10.Address issues regarding personal identifying information and sensitive data Domestic Violence Rules Committee

45 11.Address confidentiality with protective orders generally, but particularly before service

46 Arizona Rules of Protective Order Procedure (ARPOP) Filed Petition for Adoption of ARPOP on October 31, ARPOP is a stand-alone set of rules of procedure for protective orders. Proposed effective date for ARPOP is January 1, 2008.

47 Arizona Rules of Protective Order Procedure (ARPOP) 1.General Administration 2.Fees and Costs 3.Protected and Unpublished Addresses 4.Family Law Cases 5.Rules of Evidence and Disclosure for Protective Order Hearings 6.Rules of Procedure for Issuing Protective Orders 7.Motion to Dismiss, Quash, or Modify 8.Contested Hearing Procedures 9.Appeals 10.Forms

48 ARPOP Approval Process Time Line July 12, 2006Domestic Violence Rules Committee August 9, 2006Committee on the Impact of Domestic Violence and the Courts (CIDVC) September 13, 2006Limited Jurisdiction Committee (LJC) September 22, 2006Committee on Superior Court (COSC) October 12, 2006Arizona Judicial Council (AJC) November 1, 2006Filing Deadline: Rule 28 Petition to Adopt ARPOP December 20, 2006Circulation of Petition and ARPOP May 20, 2007Expiration date of the comment period June 20, 2007Deadline to respond to comments September 2007Justices’ Rules Agenda January 1, 2008Effective date for ARPOP

49 Domestic Violence Rules Committee Comment Submission Website

50 Domestic Violence Rules Committee

51  Domestic Violence Rules Review Committee:  ARPOP Comment Form:  Committee on the Impact of Domestic Violence and the Courts: COMMITTEE WEBSITES


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