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Leading the nation in domestic violence rehab

by MADISON HARDY
Staff Writer | November 2, 2020 1:09 AM

Out of 200 domestic violence courts in the United States, Kootenai County was selected by the U.S. Department of Justice and Office on Violence Against Women as a national model for its leadership on offender accountability and victims' safety.

According to a United Nations estimate in June, domestic violence rates climbed almost 20% during COVID-19, making action by judiciary officials crucial, Coeur d'Alene Magistrate Judge Clark Peterson said.

"There is a shocking need to address domestic violence," he said. "Some will tell you that there is a decline, but that's not true. It is worse, and it is more violent now under the pandemic circumstances than it has been."

A component of the DOJ, the Office on Violence Against Women awarded $149,824 to Kootenai County's domestic violence court. Only four such grants were awarded nationally — and one went to Ada County.

The two-year OVW Mentor Initiation aims to build courts and victim service organizations' capacity to respond to domestic violence effectively and foster partnerships to address these crimes.

Most mentor courts are from large jurisdictions, Peterson said. Yet Idaho shines.

"Idaho is leading the nation in a lot of ways regarding specialty courts," Peterson said. "You wouldn't necessarily think little ol' Idaho is a leader in something, but we have a long, really great tradition for our courts and specialty courts."

Established in 2013 by Judge Penny Friedlander, Kootenai County's specialized court is dedicated to processing every domestic violence-related offender who enters the system. Not only does this create consistency, Peterson said, but it allows for one judge to hone in on domestic violence techniques and matters. After taking over the court five years ago, Peterson made a model court his goal.

"Around the country, there are a handful of courts that are designated as model courts for other jurisdictions to come to visit and see how we do what we do," Peterson said. "I figured if I'm going to be involved with something, I should bring it to the highest level that I'm capable of."

As a model court, Peterson and an oversight team of stakeholders, attorneys, employees, and law enforcement serve as a national guide for novice or developing courts and their programs. Through the OVW mentor initiative, Kootenai County will share their expertise by hosting other courts, providing training and assistance to improve overall judicial effectiveness.

While COVID restrictions are causing a rift for scheduling in-person visits, Kootenai County plans to host upwards of six local or traveling mentorship programs to provide on-site assistance to domestic courts around the nation.

A contributing factor to creating the court in 2013 was the need for improved offender treatment, Peterson said, the most effective of which is a year-long Batterers Intervention Program.

"All of the statistics show that when people are engaged in that treatment, victim safety goes up drastically. I mean it's dramatic," Peterson said. "Successful completion of that program drastically increases victim safety, home stability, safety for children. Everything is better."

Typically, offenders are placed on probation and are seen only if there is a conflict, but in domestic violence cases, Peterson has taken an approach of consistent monitoring and review hearings. After initial processing, the court schedules review hearings for offenders to return and track their progress in the program. This, Peterson believes, is the single most successful rehabilitation technique.

"I'll put them in jail, and they know that, but they believe that I care about their success, that the probation officers care about their success," Peterson said. "I don't let there be a lot of wiggle room. There is going to be safety, or there is going to be a consequence."

While he knows a one-year treatment and regular hearings are not a magic switch to solve domestic violence, they are two in a spectrum of tools his team and the offenders can use when situations arise.

"You can't make someone change. That is up to them to do," Peterson said. "But while they were in that program, I know the victim was safe, and my best hope is they continue to use those tools."

With thousands of domestic violence offenses going unreported annually, Peterson knows breaking down the historical roots of violence on women, children, and men, is a long-term process. Despite this, he hopes through Kootenai County's model court status and mentoring opportunities, they can contribute to the greater whole.

"The dynamic of domestic violence is so tragically difficult, and it's heartbreaking. It is so tough to see these young women in tough spots that come in large part from the inequalities that exist in cultural norms and traditions," Peterson said. "This is an amazing thing for the community and survivors, but it is also amazing to see little ol' Kootenai County leading the nation."