Vol.3 Issue: 1 - Court Network

It is a sad reality that many families today find themselves in court, providing support to a family member facing drug and alcohol related charges. Some of the barriers they face to achieving just outcomes include lack of access to information and/or legal representation, limited language skills and/or financial resources. Wendy Taylor, Director of Court Network, spoke at the last seminar Mary of the Cross Centre ran for priests and pastoral associates about the work of her service and how it can assist people in these situations.

While not well known, the Victorian Court Network court support service has been in operation since 1980. This is an incorporated, not-for-profit organisation funded through the Federal and State Governments. Family Court issues are a Federal jurisdiction while other courts, including the Coroner's Court come under State jurisdiction.

The service is staffed by a very small professional welfare team and 300 volunteers, some of whom have worked in the service for up to 18 years. The volunteers are highly regarded and treated similarly to paid staff. They receive a position description, training, support, insurance and debriefing. They are given a 12-week training program at the end of which successful graduates receive a badge. These badges must be worn whenever they are in court. They are recognised by all who work in the court system and it denotes that the person wearing the badge is providing a unique service to the court.

Court Network is the only service providing support, information and referrals to all court users. They provide services to the respondents, to complainants, to defendants and to family members. They are not a service simply for the victims. Family members of respondents also experience a difficult time in court because it is a new and frightening situation for them. Defendants families in particular can feel intimidated and isolated as they think people are judging them.

People going through the courts may experience a wide range of emotions. They frequently need someone to talk to. This can be particularly difficult in court as legal representatives, focussing on the legal aspects of the case, may not be available to deal with the emotional aspects and concerns of their clients. People do not understand the process of the courts nor what is expected of them. They can feel lost and abandoned. At this time it can be comforting for them to have someone by their side who knows and understands the functioning of the court system. This is the role of the volunteer .Networker. who will not judge them, will remain impartial, and will help them to understand the process of the court.

There are only three services like this in the world; one is in England, one in Canada and this one in Victoria. The service works closely with a number of agencies who refer their client to Court Network. They have a wide knowledge of the court system and are able to put people's minds at rest about what they may experience while they are waiting. They are aware that people come to court with support people, family members, clergy, doctors etc, and they attempt to reassure and strengthen the relationship these people have with the people appearing before the courts. They are able to give accurate information about the court process and what will happen throughout the day.

There are eight paid staff who come from a counselling, social work and educational background. Some of the volunteers also have come from a professional background but many have not. Networkers are often asked to provide a number of services for court attendees including protection from the media. For example when matters go before the Supreme Court the trial can go on for a long time. This can be extremely draining for families especially if they have to deal with media attention day after day. The Networkers are often asked to protect clients from the public exposure. They feel uncomfortable being photographed and shown publicly via the media. Undoubtedly particular crimes do increase media and public interest and or anger, however many families choose to be protected while going through the court system.

The job is not an easy one. Volunteers may be asked to look after someone's family who has allegedly performed an act that you personally find abhorrent. How would you deal with this situation and remain impartial and supportive? This is the reality of the work done by Court Network. Its aim is to reduce the barriers to access to justice. Therefore personal bias and prejudice of the individual needs to be put aside, while they assist their client. It is imperative to remember that at this stage it is an alleged crime and their client is entitled to the full process of the law, a just trial, a just hearing.

When dealing with the victims of crime, especially those of sexual assault, they are both victims but they are also witnesses. The process of cross-examination can leave a witness feeling assaulted all over again. This is an unintended outcome of the court process. Many of these victims choose not to go to court. It is estimated that less than 5% actually go to court. Victims are aware that this will be a harrowing experience that will be upsetting as they relive their past experience. They and their families also risk becoming a public face if their case is run in the press. For some the greatest fear is coming face to face with the perpetrator and this increases their anxiety.

Networkers can provide a private space where victim/witnesses can feel safe away from public view and prying eyes until they are called into court. If required, victims can have a pre-arranged tour and be shown the lay-out of the court, to help them feel less intimidated during the trial. Our experience confirms that the court can be a foreign and intimidating place for the victim. Having someone who can be with them throughout the whole situation can lessen the trauma they experience afterwards. This is the work of the Court Network workers.

The Chief Justice of the Supreme Court, His Honour John H. Phillips is patron of Court Network. He is particularly interested in assisting people from culturally and linguistically diverse cultures through the court system. People from CALD communities frequently find this process extremely difficult and may respond incorrectly as they do not understand the questions. They often come to court misunderstanding the adversarial nature of our court system.

All information given to the Networkers is kept completely confidential and Networkers have no contact with their clients after they have completed their time in court. People are only seen on that particular day. Therefore, anything that is said to the worker on the day stays with the worker, it cannot be passed onto anyone else. The Court Network does not provide legal counsel to their clients. However, it does provide an important service to the community and assists those who have to attend court, helping to make the experience less traumatic.

Anne Marmion