Welcoming Tamara Maddox to VFJ

Victims for Justice is thrilled to announce it has hired Tamara Maddox as its newest victim advocate. Maddox comes to VFJ from Denali Law Group where she was an associate attorney. Tamara will primarily work from the Anchorage District Attorney’s offices in downtown Anchorage. Tamara is filling a position that was created in partnership with the D.A.’s office to better serve Alaskans who have been affected by crime and are navigating their way through the criminal justice system.   

Tamara took time to answer some questions about herself so that you can get to know her. What follows are interview excerpts. 

Q: Tell us about yourself. 

A: I grew up on the southside of Anchorage. I’ve always considered myself an ambitious problem solver, eager to solve the world’s greatest dilemmas. I always knew I wanted to pursue a law degree, so in primary school, I got involved in debate and journalism because I wanted to have healthy discussions about issues, both local and nationally. I was curious about processes. After high school, I pursued an associate degree in criminal justice at Fayetteville Technical Community College. I had an incredible mentor, a retired military officer and judge, who taught me about the strengths and weaknesses of the American legal system. I learned from him that textbook law is much different from the law in practice. This mentorship encouraged me to pursue a bachelor’s degree in political science at Fayetteville State University. 

 One of my favorite research assignments involved comparing the U.S. constitution to those of three other countries. When my classmates and I shared our research, it was evident there is no national constitution like that of our country. Armed with that knowledge, I knew that I needed to help individuals understand their rights and use their voice to gain the access to justice the constitution promises. This is when I truly felt ready to pursue law as a career. 

 In the fall of 2020, I earned a Juris Doctor from Seattle University School of Law. During my program, I took courses and did externships that allowed me to help vulnerable populations, including incapacitated individuals subject to guardianship and conservatorship. After law school, I accepted an associate attorney position with Denali Law Group. Most of my clients were accused of criminal misdemeanor offenses. This area of law helped me fine tune my people skills. I worked with people from all walks of life, newly exposed to the criminal system because of alcohol and drug misuse. Since the beginning of the pandemic many people from all walks of life have taken up unhealthy habits. It was my pleasure to listen to, help, and encourage clients who wished to return to productive lives.   

 Q: Why did you want to work at VFJ? 

 A: Besides my legal experience, I have experience with the therapeutic foster care system. For over eight years I worked with youth, ages 0-18, and I was also a licensed therapeutic foster care parent. Most of the youth were victims of neglect and abuse, and my work involved advocating for their best interest, such as participating in court hearings and finding resources and programs that would help the child develop necessary skills. I always enjoyed watching individuals grow, gain confidence, and find their voice. I look forward to serving VFJ clients in similar ways. 

 Q: How did you hear about VFJ? 

 A: I was searching for a new way to use my talents, skills, and abilities when I came across Victims for Justice online. I read the founders’ story, and I immediately knew VFJ was the type of organization that would allow me to meaningfully contribute to my community. Their noble mission to empower and advocate for the victims of violent crime seemed like a perfect fit for my capabilities and, frankly, my passion.  

 Q: What appeals to you about this work and this organization? 

 A: I am very impressed by the groundwork the founders laid to ensure the organization’s work reaches as many victims of violent crime as possible, and how involved VFJ is with the community. I appreciate that the organization welcomes creativity and new perspectives, and I look forward to using my talents in this new role.  

 Q: What do you hope to accomplish? 

 A: I am eager to learn more about the constitutional rights of victims and how to bring more awareness to the rights victims have.  

 Q: What do you like to do in your free time? 

 A: I enjoy spending time with family, hiking, cooking, traveling, and I am a huge fan of mixed martials arts. My brother and I grew up practicing Taekwondo because my mother always wanted us to know how to defend ourselves. But soon after I gravitated toward gymnastics.  

 Q: What’s on your bucket list? 

 A: I hope to visit France, Nigeria, and Cameroon to trace my family line. 

 

 

Understanding Bail

What is bail and how does it work?

Bail is the amount of money or bond defendants must post with a court clerk to be released from custody pending their trial. Bail is not a fine and not a punishment. Defendants have the right to be presumed innocent unless and until convicted of a crime.

Bail is meant to ensure that defendants will appear for trial and all pre-trial hearings at which their presence is required.

If a bail bondsman posts the bail, he or she will charge the defendant a premium, usually 10 percent of the bond’s amount, and will require the balance to be secured by the defendant who may be asked to assign or pledge property to the bail bondsman. (In many jurisdictions bail bondsmen are becoming obsolete because courts release defendants upon their payment of 10 percent of the bail to the court.)

If the defendant fails to appear for court or violates their conditions of release, the bail or bond that has been posted may be forfeited to the court. This is to penalize the defendant as well as to compensate the state for the added expense of searching for and re-arresting the fugitive defendant.

The judge or magistrate decides the amount of bail by weighing many factors:

  • the risk of the defendant fleeing,
  • the type of crime alleged,
  • the “dangerousness” of defendants, and
  • the safety of the community.

Sometimes bail is conditioned on certain behavior of the defendant – for example, that he or she have no contact with the alleged victim. A judge may consider a request to reduce a defendant’s bail at the initial arraignment or at a bail hearing scheduled at a later time.

The judge or magistrate may release defendants on their own recognizance (without a payment of money) on the promise that they will appear for all hearings and for trial. This is usually done if defendants have a steady job, roots in the community, or other personal circumstances indicating that they will not flee.

What if the defendant escapes, doesn’t show up to their hearings, or violates their bail in any other way?

 If the arrested person doesn’t appear in court as scheduled, or doesn’t comply with the orders of the court, the person may be re-arrested and also charged with additional crimes such as “Failure to Appear” or “Violation of Conditions of Release.” Also, any bail paid may be kept by the court. If the full amount of the bail was paid to the court, that amount may be kept by the court. If only a percentage of the amount was paid, the percentage may be kept by the court and the person who paid the initial amount may be required to pay the remaining unsecured portion to the court. If the bond was fully unsecured, then the person may be required to pay the pledged amount of the bond.

What are victims’ rights regarding bail?

Victims have a right to be notified of a bail hearing. Most of the time, the victim will receive a call from the victim-witness paralegal a day or so before the bail hearing. The paralegal will review the proposal with the victim.

Victims have a right to address the court at the bail hearing. Courts must consider the victim’s comments in making the decision to release a defendant in domestic violence and sexual assault cases.

Victim safety should be specifically considered before releasing the accused in stalking non-domestic violence, domestic violence, and sexual assault cases.

Victims have the right to receive a cancellation notice when a bail hearing or court proceeding in which the victim has been subpoenaed to testify has been called off.

Victims have the right to receive a copy of the conditions of release when a prisoner charged with a domestic violence offense is released from custody from a correctional facility or other arresting authority.

An automated phone service called VINE is supposed to provide a victim notice when there is a change in status of their offender, for example, if they are released on bail. Victims can also check VINE to receive to receive the latest status reports for their offender.

Victims have the right to protection from harm and threats of harm arising out of cooperation with law enforcement and prosecution efforts. They also have the right to know what types of protection are available, including protection orders, assistance in obtaining personal belongs, medical treatment or transportation to a safe home or shelter.

What else is there to know about bail?

Bail can be complicated to understand. Often victims will see or hear words like “performance,” “appearance” and “cash/corporate.” Let’s break it down a little bit.

Bail is set for two separate purposes:

  • Performance – to ensure the accused abides by their bail conditions
  • Appearance – to ensure the accused will attend their scheduled hearings.

For example, an accused murderer’s bail is set at $250,000 cash performance and $100,000 cash appearance, for a total bail amount of $350,000.

      • If the defendant were to get out on bail and violate his or her conditions of release, in theory, that $250,000 is forfeited to the court. In practice, that doesn’t always happen.
      • If the defendant were to be released on bail and not attend their court hearings, then, in theory, the $100,000 would be forfeited

There are a variety of ways that a person can be monitored while out of on bail.

  • On their “own recognizance” (often abbreviated as OR in Courtview). This means they are not monitored in any way
  • Pretrial Enforcement – abbreviated as “PED”
  • Electronic Monitoring – abbreviated as “PED EM”. This could mean:
    • They have an ankle monitor with exclusion zones. Often the victim’s home and 500 or1000 feet around the home are exclusion zones. Sometimes this also includes the victim’s place of work, school, businesses, etcetera. Each case can be tailored specifically to the situation and details of the crime
    • May be under house arrest and on an ankle monitor. This means the accused wouldn’t be able to leave their home. Defendants can request passes for work, appointments, grocery shopping, etcetera.
  • Third-Party Custodian (abbreviated as “TPC” in Courtview) – this means that another person, approved by the court, agrees to keep full sight/sound on the defendant.
    • The court will hold a bail hearing and question the proposed third party to ensure they are an appropriate person to monitor the defendant
    • If the third party is approved, then the defendant can be released under supervision of that person. This may still include things like:
      • monetary bail
      • exclusion zones
      • house arrest with third-party custodian
      • The third-party does not have to prevent/stop the defendant from violating conditions. It is only their job to call-in to pre-trial enforcement and the police to report if the person violated conditions
        • if they don’t call-in violations, the third party can face criminal charges and a fine

What can victims expect to happen at a bail hearing?

  • There will probably be a lot of other cases to be heard. Victims may end up waiting up to a few hours for the case to be called.
  • Even if the court says they will call the victim, it doesn’t always happen. Victim advocates often recommend that clients proactively call in.
  • When the case is called, the accused’s defense attorney will discuss their proposal for bail.
  • The prosecution then will have a chance to respond
  • Lastly, the judge will ask the victim for their thoughts on the proposal.
  • It is the experience of many VFJ advocates that judges appreciate victim input and are good at striking a balance between defendant rights and ensuring the victim’s safety
  • If you have any questions about this process, please contact Victims for Justice.

Answers to common questions about bail can be found here.

 

Memorial Motorcycle Ride/VFJ Fundraiser on July 24, 2021

A motorcycle ride and fundraiser for Victims for Justice will be held in Anchorage on July 24, 2021. It’s to honor the memory of Cynthia “CeeCee” Hoffman, a 19-year-old who lost her life to homicide in 2019. Thank you to the Hoffman family for organizing and holding “CeeCee’s Memorial Ride.” Details are in the poster.

Tribal Community Response Plans Adopted

VFJ Executive Director Victoria Shanklin traveled to Dillingham and Unalakleet this month as part of the Missing and Murdered Indigenous Persons (MMIP) Working Group.

The group witnessed the historic signing of Alaska’s first MMIP Tribal Community Response Plans, aimed at finding lasting solutions to the state’s MMIP crisis. The plans are a guide for how a tribal community will build response capacity, collaborate with law enforcement, and provide other support in response to a report of a new missing or murdered Indigenous person. Adopting the new plans were Curyung Tribal Council of Dillingham and Native Village of Unalakleet.

“We were extremely honored to participate and look forward to more collaboration,” said Shanklin.

Dillingham, Unalakleet and Native Village of Koyukuk are three communities participating in a pilot project to develop culturally relevant plans on how a community will respond in the event a person goes missing or is murdered. This includes how and when to submit a missing persons report, what will happen during the response, who will lead the investigation, and the response structure. The plans also lay out training opportunities for volunteers.

The Curyung Tribal Council and Native Village of Unalakleet will conduct a table top exercise with the National Criminal Justice Training Center to pilot and practice their response plans. The goal is to create model response plans that other tribal communities across Alaska can use.

Alaska is one of six states developing response plans as part of the U.S. Justice Department’s MMIP initiative. The others are Michigan, Minnesota, Oklahoma and Oregon.

“The adoption of these plans marks a major milestone in finding lasting solutions to the MMIP challenge in Alaska,” said Acting U.S. Attorney, Bryan Wilson of the District of Alaska. “Over the last few months tribal representatives, law enforcement officials and victim service organizations have partnered together to design a plan that is right for victims and their families while remaining culturally sensitive and balanced with what the law requires.”

 

Meet Stacey Marz and learn about her role as Administrative Director with the Alaska Court System

There has been a significant improvement in communications and transparency in regard to operations at the court system. In this article, Administrative Director, Stacey Marz, and her communications team, Rebecca Koford, Jeannie Sato, and Mara Rabinowitz, talk to us about some of the steps they have taken to inform the public how the courts work.

1)           How did you get involved in this line of work?

I started my career as an environmental lawyer. I then had a role with Alaska Legal Services, specifically with domestic violence and family law cases. My journey at the Alaska Court System started sixteen years ago as the Director of Self-Help and Language Access Services for the Court. My duties include informing the public how to navigate processes within the court system and access to justice. I was promoted to Administrative Director in November of 2019.

2)           What were some of your short- and long-term goals when you stepped into the position of Administrative Director?

I have always done public interest related work. I look at access to justice and every decision through the lens of “how do we best serve every audience?” How can the public easily navigate the system without having to go to law school?

One of my main goals was to improve the communications both to the public and internally.  I really wanted the public and court system employees to understand our mission and why the work we do is important. Most people think that our mission is carried out by mainly Judges. However, there is a whole infrastructure supporting judges such as Clerks, Judicial Assistants, customer services, records, criminal, and civil division, amongst others. We would not be able to fulfill our mission of providing access to justice without the whole court system.

I had a lot of goals that I wanted to achieve, but some of those are paused due to the pandemic. However, we were able to achieve some goals. For example, the court system offered remote services prior to the pandemic. Due to the nature of Alaska’s geography, many Alaskans had the option to call-in and participate remotely even before courtrooms were closed due to COVID-19. The pandemic forced us to expand video and zoom capabilities.  Another achievement that we had to complete in a timely manner was to allow civil filing fees and bail to be paid online, therefore, increasing accessibility.

3)           You mentioned wanting to improve the public’s view of the court system, in what ways have you been able to do this in your short time in this role?

Improving the public’s view of the court system will continue to be one of my main goals for as long as I hold this position. The Judicial branch is critical in any democracy. I want to do anything I can to instill confidence in the public that when they walk into the courthouse, they feel respected and have confidence in the process.

Some of the steps I have taken internally have been on the staffing end, such as offering online courses to employees about the mission of the court, the distinction between legal information and legal advice, customer service, and the importance of confidentiality. The more we can educate our staff to understand the important role they serve in the system, the more the public feels they receive fair and impartial treatment and that everyone gets served in the justice system because all of the pieces work together.

Jeannie Sato, current Director of Access to Justice Services, tells us, “Social Media tells us things. We cannot help the public on matters of their interest if we do not know their concerns. For example, friends and members of the public thought that because jury trials were delayed, Judges did not have work to do. Jury trials are a small percentage of the work Judges do and they have been very busy throughout the pandemic. Knowing this was a concern in the public; we took steps to inform the public of the work being done in the court system.”

4)           From the victim’s perspective, it has been a common theme that they are not getting enough communication. We understand that it is very possible that there is work being done behind the scenes that is not being communicated. What has been helpful to reach a broader audience and keep them informed of the court system’s work and ensuring the public that their voices have been heard?

As for victims, I hope that they are working closely with the District Attorney’s office. The court system has no control over how cases are being worked as that is within the control of the Prosecutor and Defense Attorney and victims should reach out to the Prosecutor about the status of the case.  The Court has been distributing updates as to what is going on regarding jury trials, a subject of interest for both the victims who need closure, and the defendant, while their lives are in limbo. I meet regularly with the Chief Justice and presiding Judges, the statewide pandemic planning committee, and the jury committee to talk about changes as a result of the pandemic. We have a particular focus on jury trials and how to safely manage them with the number of people required to be present and social distancing concerns. On Friday, January 29th, we will be meeting to decide whether or not jury trials will be moving forward based on COVID-19 counts and other considerations.

Mara Rabinowitz, Communications team member, says “Accessibility to hearings has not been reduced. In some ways, there has been more accessibility. Last Friday, there was a live stream of a proceeding being viewed by an audience of 60, a number far greater than a courtroom’s capacity, especially with social distancing.”

Stacey Marz encourages the public to stay up-to-date by following the Alaska Court System’s Facebook Page as well as checking their website, both constantly updated with the most current FAQ’s and operations updates. Stacey also wants to acknowledge the great job her Communications team has done to keep the public informed when the Court is trying to keep up with all the local and state mandates and adapt to changes in a timely manner.

November 20- December 20, is designated as Survivors of Homicide Victims Awareness Month by the Anchorage Assembly

Anchorage, AK – Yesterday, the Anchorage Assembly passed resolution AR-2020-427 to designate November 20-December 20 as Survivors of Homicide Victims Awareness Month (SHVAM). SHVAM is a month-long effort to educate the public and policymakers about the impact of murder on families and communities and ensure compassionate services in our community.

For every murder victim, there are at least 10 surviving family members and friends left behind to deal with that pain. For the past three years, there have been an average of 32 murders in Anchorage and according to the Federal Bureau of Investigations Uniform Crime Reporting Program Annual Report for 2019, Alaska’s murder rate is 88% above the national rate.

“Last year, in Alaska, we had the equivalent of one homicide every 5 days. Thirty-two of those homicides were in Anchorage alone. By setting aside this time to acknowledge the losses and what they mean for our entire community, you are showing those who were left behind that we stand with them” said Victims For Justice Executive Director, Victoria Shanklin. “It was amazing to me how powerful the Homicide Memorial Ceremony is while surviving family members honor loved ones” said Vice-Chair John Weddleton. “

Although it is hard to fathom the depth of loss felt following a homicide, we invite you to join us, and stand beside those in our community who are grieving and offer our empathy and support.