Watchdog group critiques Montgomery County judges who issue restraining orders

Five years ago, Laurie Duker took a job helping abused women get restraining orders in Montgomery County. What she saw stunned her: Some judges belittled people or didn’t give women the protection Duker thought they needed. The final straw, she said, was when a judge asked a man where he was from, heard “El Salvador” and said from the bench: “Figures.”

So Duker quit and started a watchdog group. Over six months, she and 24 other volunteers observed 642 restraining-order hearings to critique the judges and the system. The group plans to release its first report Monday at a news conference.

(Daniel Morse/WASHINGTON POST) - Judy Whiton, left, and Laurie Duker, right, run Court Watch Montgomery, which monitors restraining order hearings in Montgomery County.

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District court judges are not always following best practices in domestic violence cases.
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District court judges are not always following best practices in domestic violence cases.

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The volunteers did not see any cases that ended tragically, in which a woman was killed or critically injured after being denied a protective order.

But for victims of domestic violence, simply seeking help from the courts can be an emotionally charged, even desperate, step. In too many cases, the group found, judges made it even more difficult.

Although most of the judges were respectful, the monitors identified four as regularly rude — conduct that the monitors say could discourage women from returning to court. According to the group, one judge said to a petitioner: “Christ! Did you not read the form?” Another questioned a woman’s assertion that her abuser was high on PCP: “Do you have a degree in chemistry?”

More than half the time, judges failed to tell men that violating a restraining order was a crime and that they had to surrender any firearms. Judges rarely had victims leave the courthouse ahead of the person they had just accused of abuse — a recommended practice in the tense moments after a hearing.

The group, which calls itself Court Watch Montgomery, aims to improve the system for victims, and it recommended continuing education for judges who must sort through what can be tangled cases. The group told local judges last year that it would not name names in its first report. Court Watch plans to identify judges and their specific conduct in a follow-up report next year.

“I think we should set them up for success. I hope they’re heroes. We’ll see where we are in six months,” said Duker, 54, who has an MBA from Yale University, is married to a political pollster and studies insects as a hobby.

More than 30 similar domestic violence court-monitoring groups are working throughout the country, taking a page from Mothers Against Drunk Driving, which monitors how judges handle drunken driving cases. The District also has a restraining-order monitoring program, which released a 2007 report that was generally favorable regarding most of the judges’ demeanors.

The Montgomery volunteers are college students, doctoral candidates and retirees, including two former lawyers, a former social worker and a onetime quality control chemist from the U.S. Mint. They work at both of Montgomery’s district courthouses, in Rockville and Silver Spring, sitting among abused women and accused men, filling out four-page forms as each case is heard.

Judges and bailiffs know them by the small blue lapel buttons that read: “Court Watch Montgomery. A public eye on domestic violence.”

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