The Justice Digest
Issue III, November 2020
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A Message from
Commonwealth's Attorney
Parisa Dehghani-Tafti
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Congratulations citizens of Arlington County and the City of Falls Church! On Election Day (and for many, before Election Day), you exercised your sacrosanct right to vote – in record-breaking numbers, no less. Your civic engagement is vital in upholding our democratic values.
I’d like to extend a heartfelt thank you to the employees and volunteers who worked to ensure this election operated smoothly, protected every voter’s rights, and counted every single vote. The Arlington County Voting & Elections Office, the City of Falls Church Voter Registration & Elections Office, the Arlington County and City of Falls Church Police Departments, and all those who volunteered to work at the polls. You made sure our votes were free, fair, and safe. I’d also like to recognize members of our office’s Election Day Voter Protection Team – Assistant Commonwealth’s Attorneys (ACA) Frank Webb and Nassir Aboreden, who joined me in ensuring we visited every precinct on Election Day and were on call to ensure every single voter’s rights were protected throughout early voting and on Election Day, and Izzie Taveras, who was in the office answering phone calls all day on Election Day.
To our elected officials – congratulations! We have a lot of work ahead of us, and I look forward to our collaboration as we work to ensure the continued safety of our community.
In this month’s newsletter we provide an update on the 2020 Special Legislative Session and the work members of our General Assembly have done to pave the path for the future of criminal justice reform in Virginia. We also share an in-depth look at the work of our office’s Juvenile and Domestic Relations (JDR) team, spotlight one of the many cases reflecting our support of a restorative approach in court, and share an interview with General District Court (GDC) paralegal Karen Hayes.
As we head into the holiday season, from our Office of the Commonwealth’s Attorney family to yours – have a happy and safe Thanksgiving! We’re facing a record-breaking rise in the number of COVID-19 cases and we ask that you consider the CDC’s Holiday guidelines when planning your holiday celebration. While changing our usual holiday plans and routines can be challenging, I hope you’ll find joy in some new holiday traditions while protecting yourself and others.
Happy Thanksgiving,
Parisa Dehghani-Tafti
Safety Tips for this Holiday Season
Arlington County’s COVID-19 Resource and Information Page
The CDC's Holiday Celebrations and Small Gatherings Guidelines
Experts say no need to cancel Thanksgiving, but play it safe
The Washington Post
Serve Up Some Extra Precautions at Your Thanksgiving Table This Year
The New York Times
The 2020 Special Session Legislative Update
On November 9, 2020, the Virginia General Assembly’s Special Session adjourned, sine die. The 12-week long session delivered several criminal justice reform bills, many of which go into effect as early as March 1, 2021. Among the bills that passed during the special session are:
Effective March 1, 2021
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HB 5029: Requiring officers to intervene when they witness another officer engaging in excessive use of force.
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HB 5045/SB 5030: Adding law enforcement officers to those persons who are guilty of a Class 6 felony if they are in a position of authority over and engage in sexual intercourse with an arrestee, detainee, incarcerated person, parolee, or any person in their custody.
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HB 5049/SB 5030: Limiting the military equipment available to state and local law enforcement agencies.
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HB 5051: Requiring the Criminal Justice Services Board to adopt statewide standards of conduct for law enforcement officers, create procedures for decertification due to serious misconduct, and be notified by law enforcement agency heads and administrators when officers are terminated for serious misconduct.
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HB 5058/SB 5029: Prohibiting traffic stops based on specified minor infractions such as defective equipment or improper tint and prohibiting stops, searches, and seizures solely based on the smell of marijuana.
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HB 5062/SB 5033: Requiring courts to grant a Commonwealth’s Attorney’s decision to dismiss a criminal case unless there is evidence of bribery or bias toward a victim, and explicitly expanding the authority of courts to accept deferred dispositions where the parties agree.
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HB 5069: Prohibiting the use of neck restraints by law enforcement officers.
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HB 5072/SB 5024: Granting the Attorney General the ability to investigate and file civil suit against local police departments.
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HB 5098: Increasing the penalty for falsely summoning or giving a false report to a law enforcement official against another person because of their race, religious conviction, disability, gender identity, sexual orientation, or national origin.
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HB 5099 (Breonna’s Law): Banning law enforcement from executing a search warrant without knocking.
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HB 5104: Mandating disclosure of law enforcement officer misconduct allegations to potential law enforcement employers.
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HB 5108: Expanding the membership of the Criminal Justice Services Board and Committee on Training by requiring that some members of the Board and Committee be representatives of a social justice organization, representatives of community interests of minorities, mental health service providers, and that the Committee members include an attorney from the Virginia Indigent Defense Commission.
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HB 5109: Mandating the creation of a uniform curriculum for training of law enforcement officers which shall include implicit bias, de-escalation, use of force, mental health, and crisis intervention training.
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SB 5013: Making marijuana possession violations a pre-payable offense.
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SB 5014: Requiring law enforcement officers to complete crisis intervention training.
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SB 5017: Clarifying the definition of a correctional facility to include any facility owned, maintained, or operated by the Commonwealth that is used for the detention or incarceration of people pursuant to a contract with the federal government.
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SB 5018/SB 5034: Allowing those who are terminally ill and serving a sentence for an offense other than those enumerated in the bill to be eligible for conditional release.
Effective July 1, 2021
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SB 5007: Eliminating the ‘Jury Penalty’ by transferring sentencing authority to the court unless a defendant specifically requests the sentence be set by the jury.
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HB 5055/SB 5035: Granting localities the authority to establish law enforcement civilian oversight bodies with enumerated duties and powers including subpoena power and disciplinary authority.
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SB 5038: Establishing the “Marcus alert system” and mental health crisis response teams to co-respond with police to mental and behavioral health crises.
Effective July 1, 2022
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HB 5148/SB 5034: Expanding the Department of Correction’s “earned sentence credits” which allow persons serving sentences to earn earlier release dates through good behavior and participation in programs and directing a working group to study the impact of amendments to the expanded credits.
The members of our General Assembly have worked tirelessly and done an incredible job moving the ball forward on reforming our criminal legal system. We look forward to their building on this work at the 2021 Legislative Session beginning in January.
Team Profile: Juvenile and Domestic Relations
Led by Deputy Commonwealth’s Attorney (DCA) Mike Chick alongside Assistant Commonwealth’s Attorneys (ACAs) Willie Wilson-Herring and Theresa Young, the Juvenile and Domestic Relations (JDR) Court Team handles criminal cases involving juveniles and those where there is a domestic relationship between the victim and the defendant. Most of the cases handled by the JDR team, however, center around domestic relationships because many of the low-level juvenile cases are now diverted before making it to court.
The handling of the cases heard in the JDR Court operates differently than in the past with the biggest change being the transition to a vertical prosecution model. While in some jurisdictions the JDR Court is viewed as a training ground for inexperienced prosecutors, the vertical prosecution model in our office establishes teams of attorneys with specializations that allow us to serve the community more effectively.
“Having a team that focuses on and specializes in the kinds of cases that are heard in the JDR court is critical because of the sensitive and complicated nuances that these cases involve,” said DCA Chick. “Even some well-seasoned prosecutors may not have the specialized experience necessary to identify red flags or dangerous patterns in intimate partner abuse cases or a working knowledge of adolescent development, the impact of trauma on children, manifestations of behavioral health and substance abuse, and disabilities that affect behavior.”
In addition to bringing the specialization necessary to prosecute these cases effectively, the transition to vertical has been critical to improving rapport with victims, witnesses, and police because they are now able to share their story with a single prosecutor. This allows for a stronger relationship where prosecutors can build trust with the individuals involved and keep the institutional knowledge of the case necessary to inform their decision-making.
“It also reduces trauma for victims involved in the process by creating consistency in the faces they see from our office,” noted DCA Chick.
“In domestic relations cases, there are ongoing relationships happening outside of the courthouse. We must know and understand that these situations don’t exist in a vacuum,” said ACA Wilson-Herring. “It’s important for us to know that the victim may not be employed or have the option to have their own housing. Part of our jobs is ensuring that, at the end of the day, they have the support they need to be self-sufficient and have the option of leaving an unbalanced relationship.”
When addressing concerns like domestic and intimate partner violence, the “number one priority is safety for the people in the household and the community,” noted ACA Young. “That is why it’s important to ensure that individuals involved in my cases have an opportunity to be heard because not everyone will be happy with the ultimate resolution. The decision that keeps everyone safe is not always the decision that makes people happy.”
Another major change in the handling of JDR cases has been juvenile diversion. For years, the Office of the Commonwealth’s Attorney operated as the gatekeeper for all juvenile cases and often advocated against diverting low-level juvenile cases out of court. Under the new policy CA Parisa Dehghani-Tafti and DCA Mike Chick have structured with police and the Juvenile Intake Office, those matters can go directly to Juvenile Intake where they can be placed on a non-court diversion track.
If the case is diverted directly by the Intake office, this is what is known as pretrial diversion. If there are no prior violations or if it is a non-violent or victimless crime, the case is likely diverted pretrial. In this scenario, the case never enters the court system and goes into a 90-day diversion period where the juvenile must complete a class, program, and/or community service.
If the case is not diverted directly by the Intake office, there is still the possibility of diversion through the court system. In this scenario, the assigned prosecutor, defense counsel, and judge set up a plan for diversion at a court hearing. This can require the juvenile to go through mental health or substance abuse services, education programming, and/or counseling. Once the juvenile has completed diversion, their charge can be lessened or dismissed completely.
“We’re trying to divert as many cases as possible and give kids an opportunity to not have a charge on their record,” explained DCA Chick. “A lot of the kids we see are living in difficult life circumstances and it can be hard to get them on track. They are dealing with issues like, ‘where is my next meal coming from and where am I sleeping next week?’ so a court case is the least of their worries.”
“We are still trying to get creative and figure out different avenues for juvenile diversion. The juvenile code allows us to be creative and, to be honest, I don’t think we’re being creative enough,” emphasized DCA Chick. “We’re looking forward to partnering with the community to have conversations on how we can best address these complex problems. It’s important to us that the community shares their thoughts with us and holds us accountable in how we treat kids.”
When asked how they make the decisions the job requires and come back to do it again, the team agreed – it’s very difficult.
“I keep at this work because I’ve been blessed with access to knowledge that, when used correctly, can directly impact the community for the better,” said ACA Wilson-Herring. “While this job can make me uncomfortable, I know it’s bigger than me. I continuously have to remind myself that the work I do is about the well-being of our community at-large.”
“We are dealing with some complex social problems,” explained DCA Chick. “Things like race, poverty, mental illness, drug dependency and addiction, and school discipline—that have been dumped on the courthouse steps for decades. It’s not an overnight fix, but we continue to do our best dealing with these issues and growing in our work.”
We’re looking for creative ideas for juvenile diversion!
If you would like to share your thoughts and ideas about juvenile diversion, please
email Deputy Commonwealth’s Attorney Mike Chick at cwa_info@arlingtonva.us.
Paving the Way for a Restorative Approach
In October, Assistant Commonwealth’s Attorney (ACA) Abhi Mehta handled an assault and battery case in the General District Court (GDC) where ACA Mehta and defense counsel were able to create a restorative atmosphere between the defendant and the victim.
The case involved an unfortunate exchange of words in public, resulting in small property damage and a minor injury. After a calm conversation with both individuals involved in the incident, ACA Mehta and defense counsel finalized an ‘Accord and Satisfaction,’ a statutory provision allowing the court to dismiss certain types of criminal charges if the defendant and victim come to an agreement on how the defendant can demonstrate remorse and make the victim whole again. In this particular case, the defendant agreed to cover the costs of minor property damage and the two gentlemen shook hands and had an exchange of sincere apologies.
Restorative practices require us to address the injury caused by an offense and collectively commit to repair that injury. While not formally restorative justice – because restorative justice is a complex and lengthy process involving a trained facilitator – this case marks an important step in the direction of the restorative practices that our office supports. The defendant accepted responsibility for his actions and the victim was satisfied with the outcome and forgave the defendant, without the need for a criminal punishment.
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Employee Spotlight:
Karen Hayes
GDC Paralegal
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A 30-year veteran of the Office of the Commonwealth’s Attorney, Karen Hayes has worked as a General District Court (GDC) paralegal since March 1990.
- How did you get involved in the criminal legal system and paralegal work?
My very first job was at a private law firm. It was a job that my high school guidance counselor had helped connect me to and I ended up applying on a whim. After a few months working at the law firm, they encouraged me to look into paralegal studies and I eventually did and earned my paralegal certificate.
I then worked under the Chief Deputy Clerk in the U.S. District Court for the District of Columbia before eventually returning to same law firm. Unfortunately, the law firm became obsolete, but this is what led me to apply at the Office of the Commonwealth’s Attorney. It was originally a part-time position, but after about a week on the job I was offered a full-time position and I’ve worked here ever since.
- What does your day-to-day on the job look like?
There are 3 of us on the GDC paralegal team and, under normal circumstances, we would rotate our daily responsibilities. For example, one day I would be in charge of warrants and subpoenas and the next day I’d set up the case files for the next day’s docket.
The pandemic has changed this routine and there is typically only one GDC paralegal physically in the office every day, while two telework. This means that if I’m physically in the office for the day – I handle all motions, warrants, and prepare the next day’s docket. While teleworking, I handle case reports and prepare subpoenas.
In the General District Court, we deal with a pretty high volume of cases so teamwork between our team of paralegals is crucial to getting the job done. We need to jump in for each other and we do. I’m grateful to work with the women I work with.
- You’ve worked at the OCA for about 30 years now. Are there things you are still learning on the job?
I’ve been here for quite some time now – so things have changed, and I’ve had to adjust my normal routine.
Through the years, technology and court resources have changed or advanced significantly. I can still remember having to go to court to write down court dates, attorney information, and all sorts of details related to the case. Through the years, technology has allowed us to get this information online and through other avenues so I’m not typically in court anymore.
I’ve worked under 4 different Commonwealth’s Attorneys (CA) – Helen Fahey, Richard Trodden, Theo Stamos, and now Parisa Dehghani-Tafti. Before Parisa’s inauguration, there hadn’t been major policy or operational changes within the office because every CA before her had been an ACA or DCA who then ran for office. And once they were inaugurated, they kept operating essentially the same way as their predecessors.
Since Parisa’s arrival, the office has implemented vertical prosecution which has switched up my normal routine. Attorneys are now assigned to cases and therefore keep each case file. This has changed the way we handle our file preparation and – my favorite part – it’s a lot less hectic to prepare the daily docket.
- What have you been doing to relieve any stress or cope with the pandemic?
I was a homebody before the pandemic anyway – so I enjoy the quarantine. Though I have taken up some new hobbies. I’ve started working on home improvement and interior decorating. To me, this is a huge stress reliever. I just finished my guest bedroom, redid the paint job, and made sure it was nice and cozy. I’ve also started to do a lot more cooking with the extra time I have.
- As soon as quarantine is over and the threat of COVID has passed, what are you looking forward to doing again?
I have a real desire to travel and see other places. I was born, raised, and remained in the area – I can’t wait to get out and see what the world has to offer.
There’s a lot of trips in my head but I would say the first two are Greece and Dubai. Greece is so picturesque, I love the food, and the Mediterranean weather is so nice! It’s at the top of my list. And then there’s Dubai, which has always interested me. It’s a city in the middle of the desert but also has these big, luxurious buildings.
OCA in the Community
  Looking Ahead: December 2020
Implementation of Restorative Justice
Update on the Community Advisory Board
Announcement of a Conviction Integrity Unit
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