District Attorney’s Marsy’s Law violations further traumatize crime victims

By Christine Scartz

At the September 2024 meeting in Athens, Attorney Kevin Epps told the audience that he researched Marsy’s Law violations nationwide and found a total of five. When he revealed that four of those violations were alleged to have been committed by Western Judicial Circuit District Attorney Deborah Gonzalez, the audience let out a collective gasp. Since then, yet another Marsy’s Law violation complaint has been filed against D.A.Gonzalez. On the Western Judicial Circuit District Attorney website, D.A. Gonzalez states, “she and her team are dedicated to listening to and supporting victims of crime.” To make those words true, D.A. Gonzalez must do whatever it takes to immediately stop her office’s continuous failures to give victims their constitutional rights under Marsy’s Law.

Marsy’s Law provides constitutional provisions in several states across the U.S. that give crime victims basic rights in the criminal justice system. Named in honor of California murder victim Marsalee Ann (“Marsy”) Nicholas, the first Marsy’s Law was passed in 2008 as The California Victims’ Bill of Rights Act. Since then, eleven states have adopted Marsy’s Law, including Georgia, which enshrined Marsy’s Law in the State Constitution in 2018. Georgia is a national leader in ensuring victims’ rights; however, D.A. Gonzalez’s failure to abide by these constitutional provisions puts victims of crimes committed in the Western Judicial Circuit at a dangerous disadvantage.

The Georgia Crime Victims’ Bill of Rights gives crime victims the right to reasonable, accurate, and timely notice of court proceedings and custodial changes involving the accused, as well as the right to be heard at any scheduled court proceedings involving the release, plea, or sentencing of the accused. By law, it is the prosecuting attorney’s duty to provide the required notice. In the Western Judicial Circuit, it is therefore D.A. Gonzalez’s office’s responsibility to provide notice to victims of felony crimes in Athens-Clarke County, and to all victims of crime in Oconee County.

Notifications under Marsy’s Law are more than just courtesies. They keep domestic violence victims safe from unexpectedly encountering their abusers in the community. They provide victims the time to make necessary arrangements to attend bond hearings, trials, or parole hearings to read their victim impact statements to decision makers. They give traumatized victims the dignity to choose to be present in the courtroom to bear witness to the criminal justice system that they are strong survivors.

In contrast, failure to provide the required notifications and other violations of Marsy’s Law compounds the trauma of victims of crime and it is sadly in this way that D.A. Gonzalez’s office leads the nation. In May 2023, D.A. Gonzalez’s office admitted to violating Marsy’s Law by failing to involve the victim and her family in discussions regarding the dismissal of rape, incest, and child molestation charges against a defendant. Also in May 2023, charges of rape, false imprisonment, and aggravated sodomy were dismissed by the D.A.’s office on the grounds that the victim could not be contacted; however, a few weeks later and only after attorneys for the victim entered into the case, the D.A.’s office requested the dismissal be set aside citing the victim’s desire to see the prosecution continued.

In November 2023, Superior Court Judge Lawton Stephens entered an order finding that D.A. Gonzalez’s office violated Marsy’s Law when it was only on the morning of the plea hearing that they attempted to contact the widow and sister of a man killed by a drunk driver while riding his bicycle regarding a misdemeanor plea offer. Also in November 2023, Superior Court Judge Eric Norris entered an order finding that D.A. Gonzalez’s office violated Marsy’s Law by failing to contact the victim in a DUI hit and run case prior to dismissing the charges against the intoxicated driver.

On September 11, 2024, Judge Stephens entered another order finding D.A. Gonzalez’s office had violated Marsy’s Law by failing to provide the required notification regarding a bond hearing to the victims of an aggravated assault. The order further found that D.A. Gonzalez’s office made inaccurate statements to the court about attempting to contact the victims when they had in fact not attempted to contact them at all. Judge Stephens ordered D.A. Gonzalez and each Assistant District Attorney in her office to enroll in and complete a continuing legal education course on the duties and responsibilities required of prosecutors under Marsy’s Law, an indication that it has become apparent that the office lacks even the basic knowledge needed to comply with the law.

Finally, the most recent allegation comes from a law enforcement officer who was violently assaulted in the Clarke County Jail. The officer received no notification that her attacker was granted a bond and released from custody. A hearing on the officer’s Motion for a Hearing on Marsy’s Law Violation was scheduled for October 15, 2024. Gonzalez admitted to the Marsy’s Law violation but has asked for the violation to be dismissed. Amazingly, her argument is that even though she had no knowledge that the attacker was bonded and released by the DA or the sheriff, she still should have filed a violation within 20 days. She stated that if it is not dismissed they acknowledge that the officer’s rights were violated. The court should issue a ruling very soon.  

As a Marsy’s Law for Georgia Advisory Board member and an attorney who has dedicated my career to advocating for victims of domestic violence and stalking, the repeated and continuing violations of Marsy’s Law cause me grave concern for the well-being of my clients who have had the courage to report their abusers to the criminal justice system. October is Domestic Violence Awareness Month. It is opportunity for communities topublicly affirm their commitment to uplifting the voices of victims. The Athens-Clarke and Oconee County communities deserve a District Attorney whose actions match the words inher office’s Mission Statement - to provide services that protect and preserve the rights of victims. I call on D.A. Gonzalez and her office to take this opportunity to do right by the people who elected her to keep them safe and do whatever it takes to abide by the requirements of Marsy’s Law.

Christine Scartz is a Marsy’s Law for Georgia Advisory Board Member, University of Georgia School of Law Clinical Associate Professor, and Jane W. Wilson Family Justice Clinic Director.