Mesa prepares novel domestic violence court

May 2—Though it currently enjoys a relatively low crime rate, Mesa is not immune to the scourge of domestic violence.

It's a serious problem in the city: Mesa had eight domestic violence-related homicides in 2020 — a significant increase from the city's four domestic violence homicides the previous year.

The harm domestic violence does to victims and the wider community can be highly visible, such as when offenders escalate to killing partners or family members. The damage can also lie beneath the surface, such as when children witness smaller acts of violence and their development is impacted.

"I think one of the real tragedies of domestic violence is it typically harms the most vulnerable of society," Assistant City Prosecutor Paul Hawkins said. "It takes a relationship that's supposed to be a safe relationship and makes it ugly and dangerous and destructive. As a society, we should be invested in correcting it."

The Mesa Municipal Court, backed by City Council, has decided to put resources into serving domestic violence survivors and holding abusers accountable by creating a special domestic violence court focused on the most serious domestic violence cases the city sees.

It is set to start July 7.

City officials say the new domestic violence court will have similar aims

as existing specialty courts in Mesa, such the Community Court, which try to use low-level offenses such as trespassing

to get treatment for people suffering with other issues like homeless and substance abuse.

Municipal Court only hears misdemeanor cases. Major crimes that can be tried as felonies, such as aggravated assault, will continue to be referred to Maricopa County Superior Court.

"We're trying to use the criminal case to change the behavior," Hawkins said of the specialty courts. "It's best for the community, the victim, the defendant to change their behavior."

But while domestic violence court has similar goals as the Community Court, it will use some different tactics to get offenders back on track.

The domestic violence court will combine counseling and rehabilitation with "swift and certain accountability," according to City Magistrate John Tatz' presentation to city council April 7.

People convicted of domestic violence offenses will have to check in to the domestic violence court more frequently than other courts, to ensure they are meeting conditions imposed by judges.

"It isn't like, 'we're going to see you in a year,' it's like, 'we'll see you in two weeks," Hawkins said of the frequency of appearances in domestic violence court.

Mesa's domestic court also plans to use deferred jail sentences, as opposed to suspended sentences, to encourage compliance with court orders. Deferred sentences require fewer procedural hurdles to jail offenders who have violated probation.

"We don't have to wait for a probation violation to be proven. We don't have to have separate hearings. We can impose the jail when they show up, and ... the person knows this going into it.," Tatz told Council. "They know when they agree to their probation terms that if you're not doing what you need to do, the court's going to have the power to impose two days jail, three days jail, five days jail."

The idea is to provide more robust protection for victims and potentially intervene before an abuser's violence escalates to more serious crimes.

"Based on the research, someone who's gotten to the point where they're committing aggravated assault or homicide has probably committed some prior misdemeanor cases of domestic violence," Tatz said. "Our hope is that we can rehabilitate that person ... so that we can make sure they're getting the counseling, make sure that we're protecting the victim, make sure that we're holding that person accountable."

The domestic court will use the same physical space as other courts, but it will be a docket of just domestic violence cases.

"One of the benefits of that is domestic violence offenders that come to that court realize, 'If I reoffend, I'm going to see the same prosecutor.' Everybody is going to be familiar with their case," Hawkins said.

The personnel in the domestic violence court will also be trained in domestic violence issues.

Julie Peterson, co-director of the Sojourner Center, a nonprofit service provider for survivors of domestic violence, said Mesa's specialty court will help victims navigate the justice process, which can be a traumatic experience for survivors of domestic violence.

"From a survivor standpoint, the court system can be overwhelming," Peterson said. "With Mesa creating a court, that's able to make sure that all the providers there are trained in domestic violence dynamics. ... Domestic violence can be a very complex situation, and every abusive situation is different."

Municipal Court is also creating two new positions for the Domestic Violence Court: a probation monitoring officer and program assistant, to ensure information is disseminated on individuals and their cases to all stakeholders.

Tatz told council that while the domestic violence court would wield the might of the justice system to hold criminals accountable, the court would also be focused on procedural justice, ensuring everyone is heard and due process is followed.

"The victims need to know that the court will be a place of protection," Tatz said. "By the same token, we also want to make sure that defendants coming in, innocent until proven guilty. ...The defendants need to know that they're going to have a fair shake."

To protect defendants' rights, the court is recruiting two additional public defenders specifically to

advocate for defendants in the domestic violence court.

"That procedural justice is important because research has shown, if they

feel like they got a fair shake, they're more inclined to follow the court's orders, and that's going to be very important in this."