Sep 23, 2018 3 min read

When will court officials take heed of the dangers associated with domestic violence at preliminary hearings? Last week’s shooting at the magisterial district justice office in Fayette County should compel those who can make a difference to take action. 

When a crime of domestic violence has been committed, a preliminary hearing is scheduled within 10 days of the defendant being charged. The district judge does not determine innocence or guilt, but whether the case shall be held for court at the Common Pleas level, where the case will reach its final disposition either by plea or trial.

At the preliminary hearing, both parties – the defendant and the victim – are present. We know from experience and scientific study that the days immediately following an incident of domestic violence, when the defendant feels he is losing control of the situation, is the most dangerous for the victim. We also know that the fallout from these incidents is often deadly. All too frequently, others in the vicinity of the intended victim are killed or seriously injured. Yet, court officials choose to look the other way thinking, “It can’t happen here.”

As a former prosecutor in Washington County, I have had concerns for years and have voiced these concerns to all who would listen. I was solely responsible for the prosecution of crimes of domestic violence, as well as sexual assault and child abuse. I have witnessed firsthand the effects of the violence and resulting devastation. I have seen bruises and bite marks, broken bones, lacerations and death. I have seen orphaned children. I have seen psychological scars that will last a lifetime.

The system that requires that we hold preliminary hearings at district judges offices is antiquated and dangerous. There are no metal detectors. There are no deputies or officers assigned to guard and protect. The waiting rooms and buildings are small and cramped. Victims and their families are forced to sit together in the same confined space. Innocent citizens who have unrelated business in the office are ensconced within these little rooms as well. Once inside these waiting rooms and the courtroom within these tiny offices, there is often no escape but for a single door.

There are simple solutions that would greatly increase the safety of all parties. First, once a crime has been committed, the judicial official who sets bond must set it at an amount commensurate with the  crime. This will increase the safety not only of the victim but the public at large by keeping dangerous individuals incarcerated pending the proceedings. For example, strangulation is now a felony in Pennsylvania. Judicial officials need to recognize that those who commit strangulation are capable of killing their victims and must set bond accordingly. Second, we need to hold these hearings in locations that offer high levels of security. This would include the use of metal detectors; ensuring that armed deputies and/or officers are on patrol, and having multiple waiting areas to keep criminals separate from their victims and other innocent individuals.

There is no reason that these precautions should not be implemented.

Kristin A. Clingerman

Clingerman is a former Washington County assistant district attorney and assistant professor of criminal justice at Waynesburg University.