AG Koster leads bipartisan effort to strengthen system battling domestic violence

JEFFERSON CITY, Mo. -- In the seven years Rep. Chris Kelly presided as judge over Boone County's domestic violence docket, one case in particular haunts him. And, he told reporters Tuesday, if legal reforms outlined by Attorney General Chris Koster are adopted as law, other judges may escape his fate.

Both victim and offender were students at Hickman High School. The victim, a girl, dismissed the order of protection issued against her abuser. Eighteen hours later, he shot her in the head, then killed himself.

"That will live with me for the rest of my life," Kelly said. "My name is on that dismissal, and I had no legal choice but to dismiss."

The national rate for such crimes was 1.26 per 100,000 in 2008, while Missouri's rate was 1.71. That translates to 52 women killed in such instances in that year.

As the culmination of an exploratory effort launched last fall to identify areas of weakness within Missouri's current domestic violence response efforts, Koster on Tuesday issued a report outlining a dozen statutory changes and practical adjustments that people working in criminal justice and victims' advocacy testified would enable greater victim protection and offender punishment.

Several of the outlined changes address the problems Kelly outlined, such as offering judges an opportunity to assess whether a victim is coerced to dismiss a protection order.

Koster said current law does not recognize that teens can be abusers. He suggested that young abusers be held accountable for abuse under the jurisdiction of juvenile courts.

Koster also recommended expanding criminal penalties for domestic violence beyond the four now outlined in state law in addition to limiting municipal jurisdiction for repeat offenders.

"Domestic violence affects our homes, our schools, our public businesses and our collective safety; it's an issue of public safety for all of us," Koster said. "It's in everyone's interest that we promote prevention, hold batterers accountable and promote security for those in need. And that need is pervasive."

For every two people able to seek refuge in a shelter in 2009, three were turned away due to insufficient resources, according to statistics provided by the Missouri Coalition Against Domestic and Sexual Violence. The coalition estimated that advocates supported nearly 50,000 victims in 2009.

The coalition's chief executive, Colleen Coble, a member of Koster's task force, endorsed the final report, saying it could make a "big difference" for Missouri. She added that she is "grateful" the governor's proposed budget does not include any additional cuts to services.

"In times like these, that is a victory," she said, noting she is "looking forward to working with the House and Senate" to maintain current service levels.

Even before graduating law school, Rep. Jason Kander, D-Kansas City, said he saw abusers treating criminal protection orders as nothing more than paper.

"Every single effort that we can make to make that literal piece of paper a lot more than just a piece of paper is an extremely important action, and it can save lives," Kander said.

He affirmed Koster's method of canvassing the state for feedback from those involved in all stages of domestic violence response efforts in an attempt to devise comprehensive solutions.

"This is the way to do it," he said, thanking Koster and task force members for offering leadership on the issue.

Kander and Kelly joined a bipartisan group of lawmakers accompanying Koster in the release of his report. Members of both the Missouri House and Senate pledged to move forward this session with legislation codifying the attorney general's recommendations.

"I can't think of a better way to start my legislative career than taking up this cause," said Sen. John Lamping, R- St. Louis County, who pledged to carry legislation reflecting the recommendations.

Rep. Stacey Newman, D-St. Louis applauded Koster's efforts to move beyond local response by attacking the domestic violence issue from a statewide perspective. She added that such an effort reflects the understanding that "statutory changes will affect real women's lives throughout the state."

Fellow Rep. Jeff Grisamore, R-Lee's Summit, echoed Newman's comments, concluding, "I believe it's critical that we make funding and services and changes in policy among our highest (legislative) priorities."

At a task force meeting last fall, State Courts Administrator Greg Linhares outlined the growing statewide caseload linked to domestic violence.

In 2007, 38,807 emergency orders for adult protection were filed, he said. By 2010, that number grew by 13 percent, to 43,921. Orders for child protection also increased during this period, Linhares noted.

The prevalence of domestic violence throughout the state and the nation underscores the enormous scale of the challenge facing communities as they attempt to respond to domestic violence issues.

According to the 2009 Crime in Missouri report issued by the Missouri Statistical Analysis Center, there were 36,943 domestic violence incidents reports in 2009. Advocates note such statistics only illumines a fraction of the problem because they speak only to reported instances and not the actual prevalence rate.

A complete copy of the task force report is available at ago.mo.gov/domesticviolence.