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State Attorney General Starts New Anti-Hate Violence Project
Assumes More Civil and Injunctive Responsibility for Swifter Justice
Historically, it has been difficult for a victim of hate violence to obtain legal representation; private attorneys generally do not pursue such
non-lucrative cases, and City, District and State attorneys have considered hate violence cases low-priority. However, in an effort to provide better injunctive resources to local law enforcement agencies, State
Attorney General Daniel E. Lungren has instructed the Civil Rights Enforcement Unit to establish the Attorney General's Anti-Hate Violence Project (Project). The Project will allow agencies, who do not have sufficient
evidence to bring criminal charges against a person for an alleged hate crime, to bring a civil lawsuit through the Attorney General's Civil Rights Enforcement Unit (CREU). "What this means is prosecutors now
have another option to pursue," said Lungren at a Los Angeles news conference last December. "In a civil lawsuit, financial penalties, court-imposed restraining orders, and court-ordered sensitivity training are
possible options. Sometimes these options are a more appropriate way to resolve the case, because of the greater latitude for innovative settlements and restitution to the victims." Although the California
Legislature has enacted many civil statutes to combat hate violence, such as the Bane Civil Rights Act in which a hate crime/hate violence victim can file a temporary restraining order against the perpetrator, "these
laws have not often been effectively utilized, as reflected in the paucity of reported appellate decisions interpreting these laws." The Attorney General is requesting that all county sheriffs and police chiefs report
to his office any cases of hate violence that they believe might be more appropriately addressed through the civil rather than the criminal process. It is the expectation of the Attorney General's office that they
will work closely with law enforcement agencies to pursue cases involving hate violence through the civil courts and obtain injunctive or other appropriate relief. For example, if a Jewish person is a victim
of anti-semitic harassment from a neo-Nazi group, that person can contact their local law enforcement agency and request that they pursue a restraining order through the Attorney General's office. During an interview
with Supervising Deputy Attorney General Louis Verdugo, Jr., CAHRO was told that the CREU is currently "pounding the pavement" to educate community groups and law enforcement agencies about the Project, receiving
positive feedback from all groups. "The Attorney General's office wants to better serve the public by marshaling the Department of Justice's resources," said Mr. Verdugo. In addition to injunctions, this
would include technical support for local law enforcement agencies in areas such as forensics and case referral. Although the injunctive process and duration varies with each case, Mr. Verdugo said that the
Project should make it more expedient for victims of hate crimes and hate violence to seek civil justice. If a victim of hate crimes or hate violence has exhausted all other resources for obtaining a
restraining order, that person should contact their local law enforcement agency and urge them to obtain a restraining order through the Attorney General's Project. For questions only, or further information
, people may contact Mr. Louis Verdugo at (213) 897-2177, or Ms. Kathleen Mikkelson at (510) 286-4110. |
