www.vtbar.org
SPECIAL ISSUE: Overview
tice processes?
“But there are so many potentially divisive and politically charged justice issues
today!” a skeptical jurist might bemoan.
“Why try to graft a whole new philosophy
of justice that might make an already nearly chaotic justice system even more chaotic?” If this is the way one thinks in resisting
even considering the alternative benefits
of restorative justice approaches, I strongly recommend reading Erin Jacobsen’s review of Leigh Goodmark’s book A Troubled
Marriage: Domestic Violence and the Legal
System. Erin is a supervising attorney and
assistant professor at the South Royalton
Legal Clinic at Vermont Law School who
is knowledgeable about restorative justice
and who has participated on restorative
probation panels. Erin’s conclusion to her
review is the clarion call I have hoped to
hear for years from another attorney (and
which I have tried to make as well, albeit
about our criminal justice system in general): “The decades-long marriage between
domestic violence and the law may be in
trouble—but it’s not over. Clearly though?
It’s time to talk.” [Emphasis added.]
If the troubled criminal justice judge or
attorney—or legislator—has any interest
in trying to expand restorative justice processes in Vermont’s current justice system,
then surely he or she will want to have a
clear picture of our current restorative justice landscape. What is it we have now in
Vermont? What is it grounded on—philosophically and financially? How much can
it be relied on if judges direct more criminal cases into it? Who else, what other
agencies, need get involved? Glad you ask!
These are just the sorts of questions I put
to Derek Miodownik, the current top executive in the Department of Corrections
having the responsibility of maintaining
and expanding restorative justice practices within the Department’s bedrock commitment to expanding restorative justice
in accord with the statutory prescriptions
of 28 VSA § 2a. Derek’s answers and his
extended thoughts about the state of restorative justice in Vermont today address
many, many timely issues and give insight
into how the Department of Corrections
is actively leading the way with restorative
justice reform in our state.
Finally, this edition of the Vermont Bar
Journal includes something quite remarkable to appear in any law journal: a newspaper article from the future. In stepping
into this role of guest editor and, thereby,
considering what kind of articles should be
put in front of our readers, both the traditional audience of Vermont attorneys
and the international audience attending
the University of Vermont conference, I realized that I had never addressed in writing the central hopes I have for our criminal justice system here in Vermont (and,
thereby, for any state and for our nation at
large). So, I took the plunge and traced out
a vision of my greatest hopes fulfilled—and
then some. Though at times written with
winks and smiles, the article also includes
(what are for me) the seeds of wisdom that
have guided my thinking and motivation
in advocating for the expansion of restorative justice over the years. I admit daily
walks with my dog leading up to a cabin
on a high ridge in North Bridgewater, inspiring views, and half-hour meditations
on the cabin’s porch have imbued me with
lofty hopes for Vermont and the landscape
of justice our children will inherit. I hope
this article from the future generates a few
smiles, at least.
THE VERMONT BAR JOURNAL • SUMMER 2014
So that’s it. A rich intellectual, legal, and,
I daresay, spiritual feast has been laid before you. Read. Digest. Be courageous.
One step at a time. Thanks, Kevin!
All the best,
Jan
One last note. I have focused on restorative justice and criminal justice with this
edition. The UVM conference shall address
restorative justice and responsive regulation in respect to the broad horizon of
complex problems that can vex a society.
One can only focus on so much, of course,
but I do want to point out the limited focus I have had and underline that restorative justice can be enormously beneficial
for hosts of civil justice issues. One more
issue, Kevin?
____________________
Jan Peter Dembinski, Esq., is an attorney who lives in Woodstock, VT. He teaches legal education classes for the Vermont
Department of Corrections with its Access
to Courts Division. He has also worked as
a restorative justice facilitator for the Department of Corrections. He has written
previous articles on restorative justice for
the Vermont Bar Journal and has presented
four times on restorative justice issues at international conferences at the International
Institute of Restorative Justice.
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