U.S. Supreme Court to Hear Domestic Violence Case
WASHINGTON, D.C. (March 9, 2005)—Later this month, the U.S. Supreme Court will determine how local police departments should respond to domestic violence complaints. In a pro bono representation, McDermott Will & Emery partner, Richard Smith, filed an amicus brief in support of the plaintiff for a number of law enforcement associations.
The facts of Town of Castle Rock, Colorado v. Gonzales (No. 04-278) are distressing. Early in the evening on June 22, 1999, the plaintiff, Ms. Jessica Gonzales, discovered that her three young daughters had been abducted by her estranged husband in violation of a restraining order. Ms. Gonzales contacted the local police department several times during the night by telephone and in person, but each time, the police allegedly refused to help. Later, around 3 a.m., Mr. Gonzales appeared at the police station and began firing a handgun; officers shot and killed Mr. Gonzales, only to discover that he had murdered his three daughters.
"The Gonzales case is the first domestic violence case ever taken by the Court. For this reason alone, it is galvanizing interest and dividing opinion among law makers and enforcers alike," said Mr. Smith. "The Court is expected to decide whether the Constitution prevents police from ignoring holders of restraining orders, and will have far-reaching implications for victims, for police and for all those who are impacted by domestic violence.
"In this case, the Colorado legislature and the local judge required that the police use every reasonable means to enforce the restraining order against Mr. Gonzales," continued Mr. Smith. "But when Mr. Gonzales abducted the children, the police allegedly ignored the legislature, ignored the court order and ignored Ms. Gonzales. The Court will decide whether that kind of response is permissible."
Mr. Smith filed the amicus brief arguing that the police’s failure to consider Ms. Gonzales' requests for enforcement of her restraining order violated her constitutional right to procedural due process under the 14th Amendment. All of the Firm’s pro bono clients on this matter are police advocacy and educational associations, including the National Black Police Association, National Association of Black Law Enforcement Officers, the National Center for Women & Policing, Women in Federal Law Enforcement and Americans for Effective Law Enforcement, Inc.
Mr. Smith worked closely with Professor Joan Meier of The George Washington University Law School’s Domestic Violence Legal Empowerment and Appeals Project (DV LEAP) to prepare the Gonzales amicus brief. They received assistance from McDermott associates, Francine Hochberg and Richard Sloane.
McDermott Will & Emery is an international law firm with a diversified business practice numbering more than 1000 lawyers. The Firm recognizes and appreciates the need to give back to the communities of which it is a part, assisting those who are unable to afford legal services. We are committed to enhancing the lives of those in need by making a positive contribution to our communities through pro bono legal representation.
