Columbus Judge Sued Over Domestic Violence Victim Fees
A woman is suing a Columbus judge and court officers for fining and jailing her when she refused to testify against a boyfriend who had allegedly abused her. According to the lawsuit, the incident is part of a larger policy of penalizing domestic violence victims in Columbus.
Back in June, Cleopatra Harrison appeared in court a few days after her boyfriend had been arrested for assaulting her.
“I know that she did not expect that she would end up in jail that day,” said Sarah Geraghty, an attorney with the Southern Center for Human Rights. She said Harrison told the judge she didn’t want to be a witness against her boyfriend.
“Immediately a victim fee was assessed, in the amount of $150 – no inquiry into the circumstances of her case,” Geraghty said.
According to the lawsuit, Harrison was told she’d be thrown in jail if she didn’t pay.
Allison Smith-Burke, director of public policy with the Georgia Coalition Against Domestic Violence, said she understands it might be frustrating for people who see victims choose not to press charges against abusers, but “a victim’s choice not to assist in the prosecution of their case may actually be their best option for protecting themselves and their children.”
“They certainly should not be fined or jailed or otherwise penalized for making this decision,” said Smith-Burke. She believes better training and education for law enforcement and criminal justice professionals on the nuances of domestic violence is needed.
Southern Center lawyers say they’ve found multiple examples of Judge Michael Cielinski forcing uncooperative victims to pay court fees, all of which they say are unconstitutional.
According to the lawsuit, the “victims assessments” are based on a Columbus ordinance which imposes a financial charge for dismissing a court case.
“The judge bills the crime victim at an hourly rate for the amount of time that city police officers allege they spent investigating the case,” reads the suit.
Other judges are not named as enforcing this measure regarding domestic violence cases.
“I will say I’ve known Judge Cielinski almost 25 years, as he’s been on the bench much longer than that, and he’s made a career of protecting victims of crimes, especially victims of domestic violence,” said Neil Callaghan, Cielinski’s lawyer.
In Cleopatra Harrison’s case, the fee she couldn’t afford was not the reason she ended up in jail. The lawsuit alleges the arresting officer from days before “shoved” Harrison against a wall, accused her of making false statements, arrested and jailed her. The officer is one of the defendants in the Southern Center suit.
The Columbus mayor’s office says it’s reviewing the lawsuit.
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