Kids and Court
| Publication year | 2004 |
| Pages | 31 |
| Citation | Vol. 33 No. 1 Pg. 31 |
2004, January, Pg. 31. Kids and Court
Vol. 33, No. 1, Pg. 31
The Colorado Lawyer
January 2004
Vol. 33, No. 1 [Page 31]
January 2004
Vol. 33, No. 1 [Page 31]
Departments
CBA Family Violence Program
Kids and Court
by Kathleen M. Schoen
CBA Family Violence Program
Kids and Court
by Kathleen M. Schoen
This department is published quarterly to provide information
about domestic violence and CBA Family Violence Program
activities
In Colorado fiscal year 2003, there were 32,000 domestic
relations filings and 36,000 juvenile filings in Colorado
district courts.1 These children, many of whom are witnesses
in the courtroom, face a number of challenges, ranging from
physical obstacles (the children's heads don't reach
the microphone) to psychological challenges (the child does
not understand the difference between the truth and a lie)
Children in the legal system continue to endure negative
experiences. These may include multiple interviews; lack of
child-appropriate language; delays or continuances; lack of
communication among professionals; fear of public exposure
sequestration of supporting witnesses; and, often, face to
face contact with someone who has abused them.2
The Kids and Court Committee of the Colorado Bar
Association's Family Violence Program explores how to
improve the way child witnesses are treated by the legal
system. This includes dealing with the fear, frustration, and
anger children may feel when they are involved in a system
designed for adults. The Kids and Court Committee's
mission is to investigate current best practices, procedures,
and policies in the utilization of child witnesses in court
proceedings for the purpose of recommending modifications and
additions to those practices, procedures, and policies. The
Kids and Court Committee focuses on areas of law where
children are involved in the court system, including
criminal, juvenile law, and family law.
For the last year, the Committee investigated the elements of
a child's involvement in a criminal case and what are
recognized as best practices statewide and nationally. Topics
reviewed included use of children in preliminary hearings,
videotaping testimony, and using hearsay exceptions as a way
to introduce evidence without calling a child as a witness.
The Committee is currently exploring issues that arise when
children become involved in matters of dissolution and
parenting time. Discussion topics include judges speaking to
children in chambers, a child's presence in the
courtroom, and conditions of protection orders involving
children.
The Committee's work is published on a website entitled
"Kids and Court," available at
www.kidsandcourt.org. For ease of access, the material is
organized by general areas of law. Information includes
description and contacts for innovative programs involving
child witnesses, pertinent statutes, and additional resources
for more in-depth research. The following is an overview of
some of the topics the Kids and Court website addresses.
Programs to Assist Child Witnesses
The programs described below have directly or indirectly
helped children...
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