a community response that works - inMotion Inc.
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FALL 2003<br />
a <strong>community</strong> <strong>response</strong> <strong>that</strong> <strong>works</strong><br />
LETTER FROM CATHERINE J. DOUGLASS, EXECUTIVE DIRECTOR<br />
I am married to a research scientist who has influenced<br />
me to seek for irrefutable evidence—hard data—to<br />
support what I, and others on my staff, see and believe.<br />
Ever since the first days of <strong>inMotion</strong>, back in 1993,<br />
I have searched for convincing evidence <strong>that</strong> what<br />
<strong>inMotion</strong> does for our clients really makes the<br />
difference we say it does. I, therefore, welcomed the<br />
outcomes reported in two recent studies, rigorously completed by research<br />
academics, which dramatically confirms the value of legal protections for<br />
domestic violence survivors.<br />
In the first, researchers correlated data from the National Directory of<br />
Domestic Violence and the U.S. Department of Justice. They supplemented<br />
this information by contacting domestic violence programs to find out the<br />
specific types of services being provided to survivors of domestic violence<br />
county by county throughout the United States. After reviewing closely<br />
the situations of over 1,800 battered women, two economists stated this<br />
major finding:<br />
“Women who live in counties with legal assistance programs to help<br />
battered women are significantly less likely to suffer abuse.<br />
Because legal services help women with practical matters such as<br />
protective orders, custody and child support, they appear to<br />
actually present women with real, long-term alternatives to their<br />
relationships.” 1<br />
The second research project assessed the relationship between obtaining<br />
an order of protection and the risk of subsequent police-reported intimate<br />
partner violence. Whether orders of protection are effective in preventing<br />
future violence has been unclear. We know <strong>that</strong> approximately 1.5 million<br />
women experience intimate partner violence annually in our country. And<br />
we also know <strong>that</strong>, annually, approximately 20% of them obtain civil orders<br />
of protection. It has been suggested by some <strong>that</strong> orders of protection may,<br />
in fact, aggravate violence under certain conditions.<br />
Periodically, we encounter skeptics who say, “An order of protection is just<br />
a piece of paper. It cannot protect a woman from someone who truly<br />
wishes to do her harm.” But thanks to a second study, we have a strong<br />
positive answer to give to these skeptics.<br />
Researchers followed 2,700 adult female residents of Seattle, Washington<br />
who had reported an incident of male intimate partner violence over a 17-<br />
month period, between August 1998 and December 1999. They compared<br />
women who obtained a permanent order of protection after reporting an<br />
initial incident to the police to women who got either no protection order<br />
or only a temporary order. And they found something dramatic—having a<br />
permanent order of protection in effect was associated with an 80%<br />
reduction in police-reported physical violence in the 12 months following<br />
an incident of intimate partner violence. 2<br />
Dr. Judith Herman, a leading expert on the aftermath of violence, from<br />
domestic abuse to political terror, explains the role of the <strong>community</strong> in<br />
assisting survivors of domestic violence in her book, Trauma and Recovery:<br />
“Once it is publicly recognized <strong>that</strong> a person has been harmed, the<br />
<strong>community</strong> must take action to assign responsibility for the harm<br />
and to repair the injury. These two <strong>response</strong>s—recognition and<br />
restitution—are necessary to rebuild the survivor’s sense of order<br />
and justice.” 3<br />
Collectively at <strong>inMotion</strong> we are playing the role <strong>that</strong> Dr. Herman asserts<br />
the wider <strong>community</strong> must assume. What better restitution than to have<br />
a court recognize <strong>that</strong> you should have primary custody of your children,<br />
excluding your batterer from your marital home and requiring <strong>that</strong> he pay<br />
child and spousal support so <strong>that</strong> you can gain further education and be<br />
able to live independently, without violence, and see your children thrive.<br />
Most of our volunteer lawyers tell us <strong>that</strong> they are amazed at the<br />
transformation they see in their clients over the course of their<br />
representation. For the staff at <strong>inMotion</strong>, this is no longer a surprise.<br />
We know <strong>that</strong> when a woman walks into a law firm and finds <strong>that</strong> she is<br />
treated in the same way as other clients of <strong>that</strong> firm, she immediately<br />
begins to regain her self-respect—something her abuser has tried very<br />
hard to take away from her.<br />
The volunteer lawyers who advocate for our clients are, without a doubt,<br />
making it possible for women to live safer lives. They are giving women<br />
real options, ways <strong>that</strong> recent research has proven reduce the violence<br />
imposed by male intimate partners. Because we recognize the harm our<br />
clients have suffered and assist them in obtaining restitution, their sense<br />
of order and justice is restored. They have both the inner and external<br />
resources to take charge of their futures.<br />
1 Explaining the Recent Decline in Domestic Violence, Amy Farmer and Jill Tiefenthaler,<br />
Contemporary Economic Policy, April 2003.<br />
2 Civil Protection Orders and Risk of Subsequent Police-Reported Violence, Victoria L. Holt,<br />
Mary A. Kernic, Thomas Lumley, Marsha E. Wolf and Frederick P. Rivara, The Journal<br />
of the American Medical Association, August 2002.<br />
3 Trauma and Recovery: The Aftermath of Violence—From Domestic Abuse to Political Terror,<br />
Judith Lewis Herman, BasicBooks, HarperCollins Publishers, <strong>Inc</strong>., 1992.
commitment to justice<br />
2003 AWARDS CEREMONY<br />
InMotion celebrated the New York City legal <strong>community</strong>’s commitment to voluntarism on December 1st, at Fordham University School of Law,<br />
by honoring the hundreds of attorneys, legal assistants and individuals who have provided extraordinary pro bono services to our clients in 2003.<br />
We singled out one firm and 16 individuals to receive Commitment to Justice awards.<br />
William Torres and<br />
Barbara Reeves, from<br />
the Supreme Court<br />
Office for the Self-<br />
Represented, accept<br />
the Deborah E. Smith<br />
award. Left to right:<br />
William Torres, Mini<br />
Lim, Manhattan pro<br />
bono coordinator,<br />
Barbara Reeves and<br />
Ramonita Cordero,<br />
director, legal<br />
program.<br />
Sidley partners María Meléndez, Cathy Kaplan and Thomas Cole,<br />
executive chairman, accept the Law Firm of the Year award.<br />
Catherine Douglass with Eva Moskowitz, New York City<br />
council member and the evening’s guest of honor.<br />
LAW FIRM AWARD<br />
Sidley Austin Brown & Wood LLP, honoring the firm’s outstanding<br />
commitment to pro bono services and ongoing support of <strong>inMotion</strong>.<br />
Partners and associates from the firm have represented nearly 50 <strong>inMotion</strong><br />
clients, 14 in the past year alone.<br />
“We feel privileged to be associated with <strong>inMotion</strong>, an extraordinary<br />
organization, and grateful for the opportunity to make a real difference in<br />
the lives of low-income, underserved and abused women. The opportunity<br />
to meet and assist <strong>inMotion</strong>’s clients is a wonderful gift <strong>that</strong> we treasure.<br />
Our attorneys and legal assistants value the expert training and guidance<br />
they receive from <strong>inMotion</strong>. With this support, they are able to help the most<br />
vulnerable families in our <strong>community</strong>.” Thomas A. Cole, Executive Chairman.<br />
PARTNER AWARD<br />
Patricia A. Griffin—King & Spalding LLP, in recognition of her profound<br />
commitment to building meaningful pro bono opportunities for attorneys<br />
and legal assistants at her firm.<br />
MENTOR AWARD<br />
Peter Bienstock—Cohen Hennessey & Bienstock P.C., for mentoring<br />
<strong>inMotion</strong>’s volunteer attorneys, providing thoughtful insights and advice on<br />
complex litigation matters.<br />
ASSOCIATE AWARD<br />
• Amanda Blanck Newby—Sullivan & Cromwell LLP, for her work on<br />
several <strong>inMotion</strong> cases, including reuniting a mother who had successfully<br />
battled her drug addiction with her child.<br />
• Stephanie Anne Golden—Simpson Thacher & Bartlett LLP, for her<br />
creative and compassionate representation of a battered woman in a<br />
complicated order of protection case involving child sexual abuse, and<br />
difficult forensic and interstate jurisdictional issues.<br />
• Lisa D. Prichard and Anamika Samanta—Willkie Farr & Gallagher LLP,<br />
for their work on a highly contested divorce case, representing a client<br />
who was stabbed multiple times by her husband.<br />
JOHN K. GEIGER AWARD<br />
Francesca Morris—Holland & Knight LLP, for representing nine clients<br />
with complex, litigated issues over the past four years and for actively<br />
encouraging Holland & Knight associates to represent <strong>inMotion</strong> clients and<br />
supervising their work on <strong>inMotion</strong> cases.<br />
PRO BONO COORDINATOR AWARD<br />
Amy Rossabi—Davis Polk & Wardwell, for her years of dedication<br />
to <strong>inMotion</strong> and our clients, serving as an attorney and supervisor on<br />
numerous complex family and matrimonial cases, and tirelessly promoting<br />
and supporting our program at her firm.<br />
SOLO/SMALL FIRM PRACTITIONER AWARD<br />
• Regina Alberty, for her representation of many victims of domestic<br />
violence in challenging divorce, custody and order of protection cases,<br />
demonstrating her commitment to helping those in need.<br />
• Ariane Dimitris, for her work to empower Spanish-speaking clients in<br />
numerous Family and Supreme Court cases, including matters involving<br />
complex immigration issues.<br />
• Seth M. Kaufman, for handling many difficult order of protection and custody<br />
cases. In two instances, Seth secured favorable final orders and then went on<br />
to represent his clients on appeal when their abusers challenged the orders.<br />
• Lourdes Reyes, for her zealous advocacy on behalf of battered women<br />
with compelling cases in Family and Supreme Court. In her most recent<br />
case, Lourdes helped a client maintain her right to receive child support<br />
after the father challenged his acknowledgment of paternity.<br />
• Jeanette M. Westphal, for representing numerous Bronx women in family law<br />
matters, including assisting a terminally ill survivor of domestic violence with<br />
the preparation of her will, stand-by guardianship and health care proxy.<br />
DEBORAH E. SMITH AWARD<br />
• Barbara Reaves and William Torres—Supreme Court Office for the Self-<br />
Represented, for supporting our RITE Workshop (Realizing<br />
Independence Through Empowerment), which teaches women with<br />
uncontested cases how to obtain their own divorces. Barbara and William<br />
attend evening Workshop sessions to review our pro se clients’ documents,<br />
submitting them to a judge on the following day. They also introduce<br />
Workshop participants to the courthouse by leading tours at the Supreme<br />
Court and answering their many questions.<br />
SPECIAL AWARD<br />
• Sierra Maria Hare, for her five-year involvement with the RITE Workshop,<br />
assisting three pro se clients in obtaining their divorces and serving as a longstanding<br />
member of the Workshop’s Advisory Council. Sierra has also played<br />
an instrumental role in organizing <strong>inMotion</strong>’s annual Day of Empowerment.<br />
2
new places and faces<br />
2432 GRAND CONCOURSE<br />
That’s the address of our new Bronx office. On October 30th, <strong>inMotion</strong>’s Bronx staff packed up their<br />
desks, bid a farewell to their long-time home on Walton Avenue, Yankee Stadium territory, and headed off<br />
to new digs on the 5th floor in the recently-renovated Poe Building, near the Bronx Zoo and Fordham<br />
University.<br />
It’s the simple things <strong>that</strong> the Bronx staff most appreciates about their new home—adequate heat in the<br />
winter and cooling in the summer, lights and computers <strong>that</strong> can be turned on at the same time without<br />
blowing a fuse, running the microwave without unplugging the photocopier. The new office is located<br />
in a bustling commercial section, offering great accessibility to our clients and improved services for<br />
our staff.<br />
<strong>inMotion</strong>, <strong>Inc</strong>.<br />
2432 Grand Concourse, Suite 506<br />
Bronx, New York 10458<br />
Tel 718.562.8181<br />
Fax 718.562.7514<br />
We are extremely grateful to Lorraine Freehand, our pro bono real estate attorney, for her perseverance and determination to see us through the many<br />
convoluted twists and turns of negotiating our new lease. We also thank Seth Howe and his associates at Studio Howe, who volunteered their architectural<br />
expertise to design and supervise the construction of the new office. Working within the limitations of an extremely tight budget, Seth transformed<br />
anonymous raw space into a beautiful new home <strong>that</strong> functions well for staff, volunteers and clients alike. Lastly, we express our appreciation to Zurich<br />
Financial Services for generously providing <strong>works</strong>tations, file cabinets and office furniture, and to GE Capital for donating much needed computers.<br />
WELCOMING NEW LEGAL PROGRAM STAFF<br />
InMotion has had the great fortune to welcome many new faces to our legal program over the past year. Each new staff member brings an<br />
incredible wealth of knowledge, expertise and compassion to our work.<br />
Libby Vázquez—Bronx pro bono coordinator, joined our staff in<br />
January of 2003. Libby is a recent graduate of Fordham University School<br />
of Law. While a student, Libby served on the board of directors of the<br />
student-run Family Court Mediation Project and worked as a court<br />
appointed mediator in the Bronx Family Court. She also spent a summer<br />
interning at the Pro Bono Partnership in White Plains. Prior to law<br />
school, Libby worked for several years as a paralegal in The Legal Aid<br />
Society, Harlem Neighborhood Office.<br />
Gabriella F. Richman, Esq.—staff attorney, joined our Bronx<br />
office in July. Gabriella began her legal career as a court attorney to the<br />
Honorable Philip C. Segal in Kings County Family Court. After leaving<br />
the Family Court, Gabriella worked for a Nassau county law firm<br />
practicing matrimonial and family law. Discovering her preference for<br />
public interest law over private practice, Gabriella left the firm for an<br />
appointment to the Second Department Family Court Appeals Panel to<br />
represent indigent individuals. In addition to Gabriella’s appellate work,<br />
she served as a family law coordinator for the Brooklyn Bar Association<br />
Volunteer Lawyers Project.<br />
Mini Lim—Manhattan pro bono coordinator, joined <strong>inMotion</strong> at<br />
the end of September. Mini came to us from Skadden, Arps, Slate,<br />
Meagher & Flom where she worked as a legal assistant and uniform<br />
commercial code specialist in the firm’s banking and institutional<br />
investing division. Mini had her first taste of public service work when she<br />
became involved with our RITE Workshop (Realizing Independence<br />
Through Empowerment) this last spring. She so loved working with<br />
<strong>inMotion</strong> clients <strong>that</strong> she could not believe her luck when a position<br />
opened up on our staff. In addition to her strong legal and administrative<br />
skills, Mini is fluent in Korean and French.<br />
Lisa Kalichman, Esq.—staff attorney, will join our legal staff in<br />
January 2004. For the last year, Lisa has been a solo practitioner in New<br />
York City—handling real estate, landlord tenant, matrimonial,<br />
commercial disputes, estate and guardianship matters. Prior to setting up<br />
her own practice, Lisa was an associate at Nadel & Associates and at<br />
Sgarlato & Sgarlato, both small, general practice firms. Lisa is a graduate<br />
of University of Buffalo, State University of New York.<br />
Juliet R. Koskoff, Esq.—staff attorney, will also begin work in<br />
January 2004. For the past three years, Lisa has been a staff attorney for<br />
the Juvenile Rights Division of The Legal Aid Society. She carried a<br />
caseload of over 300 clients, representing children primarily in abuse and<br />
neglect cases. Prior to Legal Aid, Juliet worked with the Corporation<br />
Counsel in Staten Island, representing out-of-state child support<br />
petitioners. An active member of the Brooklyn Bar Association Volunteer<br />
Lawyers Project in law school, Juliet staffed a helpline for survivors of<br />
domestic violence, advising them of their legal rights. Among other<br />
responsibilities, Juliet will manage the operations of the RITE Workshop.<br />
Marguerite D. Cordice, Esq.—staff attorney, will join our Bronxbased<br />
program staff in January 2004. This accomplished private<br />
practitioner, who is bilingual in Spanish and English, has spent more than<br />
17 years handling criminal defense, family and matrimonial, bankruptcy<br />
and immigration law matters. The first five years of her legal career were<br />
spent at the Queens County District Attorney’s office. She then turned to<br />
private practice, where she increasingly served an under-represented<br />
working Latino <strong>community</strong> in Queens, handling a demanding caseload in<br />
both state and federal courts. Marguerite will continue this focus with<br />
<strong>inMotion</strong>, nurturing and building our collaborative relationships with<br />
<strong>community</strong>-based organizations in Elmhurst, Jackson Heights, and<br />
Corona, Queens, and Northern Manhattan, through our on-going Poder<br />
Latina (Latina Power)project.<br />
3
landmark victory<br />
BRONX INTEGRATED DOMESTIC VIOLENCE COURT<br />
Every day, <strong>inMotion</strong>’s volunteer attorneys secure significant court victories for our clients. It’s not often though <strong>that</strong> a precedent-setting decision is<br />
rendered in one of our cases. On November 14, 2003, the Honorable Diane Kiesel of the Bronx Integrated Domestic Violence Court issued a 25-page<br />
opinion <strong>that</strong> will allow the Court to modify a child custody order granted by a court in the Dominican Republic. This landmark decision gives <strong>inMotion</strong>’s<br />
client a second chance to prevent her two young children from suffering further abuse at the hands of their father—an option <strong>that</strong> she didn’t have in<br />
the Dominican Republic.<br />
Alicia * fled the Dominican Republic after suffering from years of<br />
abuse by Patricio, the father of her twin boys. The boys remained behind<br />
with Alicia’s mother and she planned to bring them to New York once she<br />
was able to establish herself. In her absence, in April of 2002, Patricio<br />
obtained full custody of the five-year-old boys by default judgment in the<br />
Dominican Family Court. Alicia first became aware of the judgment when<br />
she returned to the Dominican Republic to visit the children a month after<br />
the judgment was issued. She immediately filed an appeal. The Appellate<br />
Court upheld the custody decision based, in part, on a forensic evaluation<br />
of the father conducted during the lower court proceeding. However, the<br />
mother was never interviewed and her accounts of severe abuse were never<br />
addressed by either court. Fearing for her children’s lives, Alicia took the<br />
boys to New York in September 2002. In November 2002, when Patricio<br />
tracked them down and threatened to kill Alicia, he was arrested.<br />
At Patricio’s arraignment in Bronx Criminal Court, a full order of protection<br />
was granted to Alicia. However, based on false information provided by<br />
Patricio, the court released him on his own recognizance. Three days later,<br />
Patricio, through his New York attorney, filed a writ of habeas corpus in<br />
Bronx Family Court requesting <strong>that</strong>, based on the Dominican courts’<br />
decisions, the children be immediately returned to him. And four days later,<br />
Patricio appeared at Alicia’s home brandishing a gun.<br />
When Alicia contacted <strong>inMotion</strong>, her situation was dire. She was terrified by<br />
both the immediate threat of violence and the prospect of having to return<br />
the twins to the Dominican Republic to live with their abusive father under<br />
the Dominican order. Our staff attorneys immediately assigned the case to<br />
Meghan Murphy, our White & Case extern** at the time, who filed custody<br />
and family offense petitions on Alicia’s behalf in Bronx Family Court.<br />
Fortunately for the client, the dueling custody/habeas petitions, the family<br />
offense petition and the criminal charges against the father were assigned<br />
to the Integrated Domestic Violence Court. Because this Court has<br />
concurrent jurisdiction over Criminal and Family Court matters in cases<br />
involving domestic violence, one judge decides all matters involving cases<br />
involving one family.<br />
* All client names have been changed to protect their identities.<br />
In December 2002, the Court asserted temporary jurisdiction and granted<br />
Alicia temporary order of custody of the children with no visitation for the<br />
father, as well as a temporary order of protection for her and the twins,<br />
while the issue of jurisdiction was considered. Paul Godinez, a second White<br />
& Case extern, took over the case in January and successfully argued to have<br />
the temporary jurisdiction extended through the spring of 2003.<br />
During this time, Judge Kiesel consulted with the District Court in the<br />
Dominican Republic and in July 2003 she received its permission to<br />
consider the question of jurisdiction based on the fact <strong>that</strong> both Alicia and<br />
Patricio now reside in the New York. The Court requested a written<br />
argument on the issue of jurisdiction in August 2003. The Judge also closely<br />
reviewed the recently-enacted Uniform Child Custody Jurisdiction<br />
Enforcement Act, known as the UCCJEA, further clarifying its intent to<br />
eliminate jurisdictional competition between courts in child custody cases.<br />
Beyond this basic mandate, the Act seeks to ensure <strong>that</strong> issuance and<br />
enforcement of child custody and visitation are accomplished “in a manner<br />
<strong>that</strong> ensures the safety of the children is paramount and <strong>that</strong> victims of<br />
domestic violence and child abuse are protected.”<br />
Judge Kiesel’s decision was based the submissions of White & Case externs<br />
Averie Hason and Justin Brown. In their written arguments, Averie and<br />
Justin emphasized Patricio’s long history of domestic violence against Alicia<br />
and the children and the Dominican courts’ failure to adequately address<br />
these accounts. They also noted the father’s sworn statements <strong>that</strong> he was a<br />
resident of New York State (despite his latter claims to the contrary in an<br />
attempt to evade jurisdiction). Finally, they argued most persuasively <strong>that</strong><br />
Alicia’s fleeing with the boys could not be considered unjustifiable conduct<br />
under the UCCJEA.<br />
Undoubtedly, this landmark victory will help many more women in the<br />
years to come. But, unfortunately, Alicia’s long struggle is not over. In<br />
January 2004, the trial to consider permanent custody and the criminal<br />
charges against Patricio will begin—but Alicia will know <strong>that</strong> she will have<br />
the best chance yet of prevailing—the committed, professional White &<br />
Case team will be at her side.<br />
** On a three-month rotation, an associate from White & Case <strong>works</strong> full-time in our Manhattan office on emergency cases like the one outlined here. We often receive calls from women with pressing,<br />
sometimes life-threatening, situations <strong>that</strong> require the immediate assistance of an attorney. Prior to establishing the externship program, without time to find a volunteer attorney, we could often only<br />
provide advice to these women on how to proceed on their own. Now, when <strong>inMotion</strong> receives a desperate call from a woman like Alicia, we can offer immediate legal representation.<br />
WELCOME ON BOARD!<br />
We are thrilled <strong>that</strong> Dale G. Berger has rejoined our board of directors. After<br />
serving two full terms in which she made numerous important contributions to<br />
<strong>inMotion</strong>, Dale rotated off the board in June 2002. In her first six years as a board<br />
member, Dale helped us conceive and execute our first and subsequent annual<br />
Photography Auction and Benefit evenings. She once again brought her creative<br />
ideas and critical connections to us as we initiated our first annual Summer Party<br />
for young professionals in June 2003.<br />
Two respected partners of major law firms have also joined <strong>inMotion</strong>’s board.<br />
Helene D. Jaffe, who co-chairs the trade practices and regulatory law department<br />
of Weil, Gotshal & Manges, began her board membership by convincing her firm<br />
to join as a corporate partner of <strong>inMotion</strong>. And Alan M. Knoll, a partner at<br />
Orrick, Herrington & Sutcliffe’s structured finance group, has both helped us<br />
build our pro bono program and supported our requests for financial support<br />
from Orrick for a number of years. A warm welcome, Dale, Helene and Alan!<br />
4
who we are<br />
CORPORATE PARTNERS, BOARD AND STAFF<br />
CORPORATE<br />
PARTNERS<br />
Bernstein Litowitz Berger & Grossmann LLP<br />
Daniel L. Berger, Esq.<br />
GeneralCologne Re<br />
Richard W. Manz<br />
Orrick, Herrington & Sutcliffe LLP<br />
Katherine I. Crost, Esq.<br />
Stroock & Stroock & Lavan LLP<br />
Robert Lewin, Esq.<br />
Bloomberg<br />
Davis Polk & Wardwell<br />
Howard A. Ellins, Esq.<br />
Fried Frank Harris Shriver & Jacobson<br />
Janice Mac Avoy, Esq.<br />
BOARD OF DIRECTORS<br />
Greenberg Traurig LLP<br />
Stephen L. Rabinowitz, Esq.<br />
King & Spalding<br />
Patricia A. Griffin, Esq.<br />
Milbank, Tweed, Hadley & McCloy LLP<br />
Elliot Gewirtz, Esq.<br />
Shearman & Sterling<br />
David W. Heleniak, Esq.<br />
Sidley Austin Brown & Wood LLP<br />
Cathy M. Kaplan, Esq.<br />
Simpson Thacher & Bartlett<br />
Joseph F. Wayland, Esq.<br />
Skadden, Arps, Slate, Meagher & Flom LLP<br />
Sheila L. Birnbaum, Esq.<br />
White & Case LLP<br />
Carol A. Witschel, Esq.<br />
Weil, Gotshal & Manges LLP<br />
Willkie Farr & Gallagher<br />
Martin B. Klotz, Esq.<br />
Zurich Financial Services<br />
Christian Halabi, Esq<br />
Virginia A. Arcari, Esq. ( TREASURER)<br />
Terri D. Austin, Esq.<br />
American International Companies<br />
Joseph T. Baio, Esq.<br />
Willkie Farr & Gallagher LLP<br />
Dale G. Berger<br />
Frances S. Campbell ( CHAIR)<br />
Kerry D. Chandler<br />
ESPN, <strong>Inc</strong>.<br />
Shelley C. Chapman, Esq. ( VICE CHAIR)<br />
Willkie Farr & Gallagher LLP<br />
STAFF<br />
Harriet N. Cohen, Esq.<br />
Cohen Hennessey & Bienstock P.C.<br />
Catherine J. Douglass, Esq. ( PRESIDENT)<br />
<strong>inMotion</strong>, <strong>Inc</strong>.<br />
Steven D. Germain, Esq.<br />
Zurich Financial Services<br />
Denise M. Grant, Esq.<br />
Shearman & Sterling LLP<br />
Carla Hendra<br />
OgilvyOne North America<br />
Helene D. Jaffe, Esq.<br />
Weil, Gotshal & Manges LLP<br />
M. Elaine Johnston, Esq.<br />
White & Case LLP<br />
Alan M. Knoll, Esq.<br />
Orrick, Herrington & Sutcliffe LLP<br />
Lynette P. Koppel, Esq.<br />
Shearman & Sterling LLP<br />
Elizabeth Langwith<br />
American Express Travel Related<br />
Services Company, <strong>Inc</strong>.<br />
Mary Elizabeth McGarry, Esq.<br />
Simpson Thacher & Bartlett LLP<br />
María D. Meléndez, Esq.<br />
Sidley Austin Brown & Wood LLP<br />
Susan L. Merrill, Esq.<br />
Davis Polk & Wardwell<br />
Jim Millstein<br />
Lazard Frères & Co. LLC<br />
Julie Saul<br />
Julie Saul Gallery<br />
Jolie Schwab, Esq.<br />
Marcia L. Sells, Esq.<br />
Columbia University<br />
Elizabeth Talerman ( SECRETARY)<br />
Talerman + Partners<br />
Nélida Vélez, Esq.<br />
Office of the District Attorney, Bronx County<br />
Ramonita Cordero, Esq.<br />
Director, Legal Program<br />
Lisa Kalichman, Esq.<br />
Staff Attorney<br />
Carol M. Lindley<br />
Director, Development and Marketing<br />
Gabriella F. Richman, Esq.<br />
Staff Attorney<br />
Marguerite D. Cordice, Esq.<br />
Staff Attorney<br />
Juliet R. Koskoff, Esq.<br />
Staff Attorney<br />
Odette McKnight<br />
WEC Coordinator<br />
Iris Rodriguez<br />
Office Administrator—Manhattan<br />
Catherine J. Douglass, Esq.<br />
Executive Director<br />
Laurie Lichtenstein<br />
Manager, Development and Marketing<br />
Mercedes Medina<br />
Program Assistant<br />
Erica Shipstead<br />
Development Assistant<br />
Heidi L. Henderson, Esq.<br />
Senior Staff Attorney<br />
Mini Lim<br />
Pro Bono Coordinator—Manhattan<br />
Nancy Nagourney<br />
Director, Finance and Administration<br />
Lisa Smith<br />
Finance and Administrative Assistant<br />
Libby Vázquez<br />
Pro Bono Coordinator—Bronx<br />
SAVE THE DATE<br />
Annual Photography Auction & Benefit<br />
InMotion will celebrate 11 years of providing free legal services to low-income women and children in domestic crisis at Sotheby’s on<br />
March 8th, 2004. At the event, we will honor Kathryn S. Wylde, president and CEO, Partnership for New York City, for her unwavering<br />
commitment to strengthening New York City’s most vulnerable and disenfranchised communities. David W. Heleniak, senior partner,<br />
Shearman & Sterling LLP, and Pamela Zilly, senior managing director, The Blackstone Group, have graciously agreed to serve as the<br />
event’s honorary co-chairs. Rounding out the event leadership team are co-chairs Lynette Koppel, administrative attorney, Shearman & Sterling<br />
LLP, and a member of <strong>inMotion</strong>’s board, and Richard T. Roberts, managing director, Goldman, Sachs & Co. We are thrilled to welcome back<br />
Denise Bethel, senior vice president and director of photography at Sotheby’s, to lead, for the 8th year in a row, the spirited bidding on 40 <strong>works</strong><br />
of art donated by New York City photographers and galleries. We hope you will join us!<br />
For more information, email: inquires@inmotiononline.org or call 212-695-3800.<br />
5
a day at the walk-in clinic<br />
As we have on every second Saturday of the month for the last three years, <strong>inMotion</strong> staff and volunteers opened the doors of our Bronx office<br />
on November 15th to the women of the <strong>community</strong>. At our monthly walk-in clinics, we invite any woman with questions about child custody and<br />
visitation, child and spousal support, domestic violence, divorce or immigration issues to walk in and have her concerns addressed or papers<br />
reviewed on the spot by one of our legal staff or clinic volunteers.<br />
Undeterred by the recent change of address, women from the Bronx <strong>community</strong> found their way to our new door. They arrived with their legal<br />
papers, marriage licenses and dog-eared orders of protection—many with small children in tow—hoping to find a way to end an abusive<br />
relationship, obtain desperately needed child support, or simply to learn about their legal rights. Here are the stories of just a few of the<br />
women who walked through our doors on November 15th.<br />
When Heidi Henderson, <strong>inMotion</strong> senior staff attorney, arrived at 9:30 am, she<br />
found Alejandra patiently waiting outside the door with her two daughters.<br />
Heidi had arrived early but not nearly as early as Alejandra, who had been<br />
waiting since 8:00 am for the clinic to open— Alejandra wanted to make sure<br />
she would be able to speak with an attorney about her immigration status.<br />
Alejandra is terrified <strong>that</strong> her abusive husband will follow through with his<br />
repeated threats to have her deported to Ecuador and to take her two daughters<br />
away from her if she tries to leave him. Since she was granted conditional<br />
residence status two years ago, Alejandra has endured escalating physical and<br />
emotional abuse. Earlier this year, she obtained a temporary order of protection<br />
when her husband tried to strangle her in front of her youngest daughter. She<br />
obtained a second order of protection after an incident in September when her<br />
husband viciously beat her after being woken up by the washing machine. Our<br />
staff was especially alarmed to learn <strong>that</strong> despite having multiple protective<br />
orders, her husband continues to live in the basement of their marital home.<br />
Alejandra mistakenly believed <strong>that</strong> without her abusive husband’s support, she<br />
would never be able to apply for the final ‘adjustment of status’—the last step<br />
required when petitioning the Bureau of Citizenship and Immigration Services<br />
(BCIS) to become a permanent legal resident. After speaking with clinic staff,<br />
Alejandra learned <strong>that</strong> she did not need her husband’s help to become a legal<br />
resident. Under the Violence Against Women Act (VAWA), she is eligible to file<br />
a battered spouse waiver with the BCIS for legal residency on her own,<br />
independent of her husband. Within two days of learning about Alejandra’s<br />
dangerous living situation, <strong>inMotion</strong> placed her case with a volunteer attorney<br />
who immediately filed a motion to have her batterer excluded from the home<br />
and began to assist Alejandra in drafting a persuasive battered spouse waiver for<br />
legal residency.<br />
Marcela was referred to <strong>inMotion</strong> by the Bronx Legal Aid Society. When<br />
Marcela arrived at the clinic, she was still in a state of shock after receiving a<br />
divorce judgment in the mail informing her <strong>that</strong> her husband had obtained a<br />
divorce from the state of Alabama <strong>that</strong> allowed for no equitable distribution of<br />
their marital assets. Marcela was never personally served with divorce papers—<br />
she received the initial summons in the mail. Unfortunately, she did not<br />
understand <strong>that</strong> she needed to respond within 20 days and <strong>that</strong> she needed to<br />
appear in an Alabama court if she wished to contest the divorce. As a result, her<br />
husband obtained the divorce by default, on his terms. Marcela wants to modify<br />
the divorce judgment to allow for equitable distribution of their marital<br />
property, which includes her husband’s Army pension.<br />
To make matters worse, since retiring from the Army in June, her husband has<br />
ceased paying child support. Marcela recently lost her job as a secretary and is<br />
struggling to support her twin 16 year-old daughters on her unemployment<br />
insurance of $158 dollars a week. She desperately needs to enforce a child<br />
support order issued in Virginia.<br />
Marcela received advice and counsel from Heidi Henderson who explained<br />
<strong>that</strong> she had no choice but to seek a modification of her divorce judgment<br />
in the Alabama Supreme Court and directed her to LawHelp.org for<br />
referrals to legal service agencies in the state. Heidi also advised Marcela on<br />
the varied steps involved in filing an enforcement petition for child support<br />
in the courts of Virginia and discussed how to seek a money judgment for<br />
arrears owed. Marcela has received additional coaching from our Bronx<br />
staff attorney, Gabriella Richmond, who is guiding her through the steps of<br />
filing an interstate child support petition.<br />
Makeda, an undocumented, battered immigrant from Zambia, learned<br />
about our clinic from her case manager at a domestic violence shelter.<br />
Makeda desperately wants a divorce. Promised in marriage at the age of four,<br />
she is the survivor of a lifetime of nearly unspeakable violence at the hands<br />
of her husband and his family. In the last three and a half years, Makeda has<br />
suffered five miscarriages as the result of beatings from her husband. She<br />
recently fled with her two daughters, ages four and six, when her husband<br />
began to plan a trip to Zambia in order to have the girls circumcised.<br />
Attorneys at the domestic violence shelter helped Makeda secure an order<br />
of protection and supervised visitation for her daughters’ father. With the<br />
help of a court appointed attorney, Makeda has filed for custody. Since<br />
receiving the summons on the custody petition, Makeda’s husband has<br />
threatened to kill her and his daughters if he sees them on the street. He<br />
has had several people, including the Imam of the mosque and her family<br />
in Zambia, try to pressure her to withdraw her order of protection and<br />
custody petitions. Despite all of this, Makeda refuses to be intimidated. The<br />
moment Makeda’s pending custody issues are resolved, <strong>inMotion</strong> is ready to<br />
place Makeda’s case in the hands of a caring attorney who will help her<br />
obtain the divorce she so desperately wants and needs.<br />
Rosa does not speak or understand English. A psychologist at the<br />
Fordham-Tremont Community Mental Health Center convinced Rosa to<br />
come to the bilingual clinic to have her many questions about getting a<br />
divorce answered. Rosa has not seen her abusive husband for over a year<br />
and a half. She knows <strong>that</strong> he is in the Army, stationed somewhere on Long<br />
Island, but she does not know how to contact him. Although they have a<br />
seven-year-old son and a 12-year-old daughter, Rosa receives no child<br />
support. InMotion does not normally accept divorce cases if the husband’s<br />
address is unknown—but in this instance, we are confident <strong>that</strong> we will be<br />
able to locate him through the Army. Because Rosa cannot communicate in<br />
English, it would be almost impossible for her to track him down on her<br />
6<br />
*All client names and countries of origin have been changed to protect their identities. continued on page 7
our thanks<br />
2003 INSTITUTIONAL SOURCES OF INCOME<br />
We gratefully acknowledge the following corporations, foundations and law firms for their financial and in-kind support over the past year. Their generosity has made it<br />
possible for <strong>inMotion</strong> to help women and children throughout New York City find hope and freedom.<br />
$50,000 & OVER<br />
Anonymous<br />
Booth Ferris Foundation<br />
Cravath, Swaine & Moore<br />
Highway 61*<br />
IOLA Fund of the State of New York<br />
Lazard Frères & Co., LLC<br />
The New York Community Trust<br />
OgilvyOne Worldwide**<br />
Willkie Farr & Gallagher LLP<br />
Zurich Financial Services**<br />
$25,000 – $49,999<br />
Altria Employee Fund<br />
American Express Travel Related<br />
Services Company, <strong>Inc</strong>.<br />
Bankruptcy Services LLC<br />
Conway, DelGenio, Gries & Co., LLC<br />
89 Editorial*<br />
Equal Justice Works<br />
Fried Frank Harris Shriver & Jacobson<br />
The Rhodebeck Charitable Trust<br />
Sidley Austin Brown & Wood LLP<br />
Valentine Perry Snyder Fund<br />
Weil, Gotshal & Manges LLP<br />
* in kind support<br />
** in kind and financial support<br />
$15,000 – $24,999<br />
Davis Polk & Wardwell<br />
The Ford Foundation, Good Neighbor<br />
Committee<br />
GeneralCologne Re<br />
Greenberg Traurig LLP<br />
Hedge Funds Care<br />
Milbank, Tweed, Hadley & McCloy LLP<br />
Orrick, Herrington & Sutcliffe LLP<br />
The Scherman Foundation, <strong>Inc</strong>.<br />
Shearman & Sterling LLP<br />
Simpson Thacher & Bartlett LLP<br />
Skadden, Arps, Slate, Meagher & Flom LLP<br />
White & Case LLP<br />
$10,000 – $14,999<br />
AlixPartners<br />
Avon Products, <strong>Inc</strong>.<br />
Bernstein Litowitz Berger & Grossmann LLP<br />
Bloomberg<br />
Empire Blue Cross Blue Shield<br />
Fleet Specialist<br />
The Hyde and Watson Foundation<br />
Jeffries & Company, <strong>Inc</strong>.<br />
Jenner & Block, LLC<br />
The J.M. Kaplan Fund<br />
The J.P. Morgan Chase Foundation<br />
Kasowitz, Benson, Torres & Friedman LLP<br />
Kelley Drye & Warren<br />
King & Spalding<br />
Marsh & McLennan Companies<br />
Miller, Buckfire, Lewis & Co. LLC<br />
The New York Observer*<br />
New York Stock Exchange, <strong>Inc</strong>.<br />
The New York Women’s Foundation<br />
The Else Sackler Foundation<br />
Ernst C. Stiefel Foundation<br />
Stroock & Stroock & Lavan LLP<br />
Sullivan & Cromwell LLP<br />
United Way of New York City<br />
Whiteford, Taylor & Preston L.L.P.<br />
The Williams Capital Group, L.P.<br />
Young, Conaway, Stargatt & Taylor LLP<br />
$5,000 – $9,999<br />
Angelo, Gordon & Co.<br />
Bank of America, N.A.<br />
Cahill Gordon & Reindel LLP<br />
Chadbourne & Park LLP<br />
Harry Chapin Foundation<br />
Cleary, Gottlieb, Steen & Hamilton<br />
CourtAlert*<br />
Jean and Louis Dreyfus Foundation, <strong>Inc</strong>.<br />
ESPN The Magazine<br />
GMAC<br />
Greene-Levin-Snyder Legal Search Group<br />
Latham & Watkins<br />
Dorothea Leonhardt Fund, Communities<br />
Foundation of Texas<br />
Neal, Gerber & Eisenberg<br />
Oaktree Capital Management, LLC<br />
Edward & Ellen Roche Relief Foundation<br />
Seward & Kissel LLP<br />
Michael Tuch Foundation, <strong>Inc</strong>.<br />
United States Trust Company of New York<br />
$1,000 – $4,999<br />
Amerada Hess Corporation<br />
Covington & Burling<br />
Ernst & Young Corporate Finance<br />
Gibson Dunn & Crutcher LLP<br />
Kramer Levin Naftalis & Frankel LLP<br />
The Low Wood Fund, <strong>Inc</strong>.<br />
Mendes & Mount LLP<br />
Metzger-Price Fund, <strong>Inc</strong>.<br />
Mintz Levin Cohn Ferris Glovsky and<br />
Popeo PC<br />
Morgan, Lewis & Bockius LLP<br />
The Morrision & Foerster Foundation<br />
Nice Shoes*<br />
Sonnenschein, Nath & Rosenthal<br />
Vector Enterprises, <strong>Inc</strong>.<br />
Wachtell, Lipton, Rosen & Katz<br />
ARTALE<br />
GRAPHICS<br />
We would like to say a long over due thank you to Michael, Jeanne, Jerry and everyone at Artale Graphics. This wonderful family-owned printing firm has provided<br />
an incredible service to <strong>inMotion</strong> for over ten years. The Artale family routinely performs miracles. Whether meeting incredibly tight deadlines or finding ways for<br />
us to print stunning press pieces on shoestring budgets, they always manage to make the impossible possible. As far as we’re concerned, they are the ONLY<br />
printers in town!<br />
A D A Y A T T H E W A L K- IN CLINIC<br />
continued from page 6<br />
own. An intern in our Bronx office is contacting the Armed Forces. Once his<br />
address is known, we will be able to help Rosa petition for child support and<br />
file for divorce.<br />
Samantha came to the clinic to learn how to divorce her husband who<br />
abandoned her seven years ago. Samantha recently attempted to initiate a pro<br />
se (on her own) divorce action in Bronx Supreme Court, but has become<br />
frustrated and overwhelmed by the seemingly endless paperwork. She has twice<br />
tried to file her divorce papers with the Court, but they were rejected each<br />
time because they were not properly drafted. A kind-hearted court clerk in the<br />
Office for the Self Represented suggested <strong>that</strong> she ask <strong>inMotion</strong> for help and<br />
told her about our walk-in clinic. An <strong>inMotion</strong> volunteer reviewed Samantha’s<br />
legal documents and offered to redraft her papers so she could file them with<br />
the Court. But weary of trying to navigate the legal system on her own,<br />
Samantha decided <strong>that</strong> she would like to have an attorney help her. We have<br />
already placed Samantha’s case with a volunteer attorney.<br />
Since 1999, when we first opened a satellite office in the Bronx—the City’s<br />
poorest and most under-served borough—<strong>inMotion</strong> has made a focused and<br />
concentrated effort to reach women in their communities and through<br />
connections <strong>that</strong> are both safe and familiar. The 15 women who found their way<br />
to our new Bronx office on November 15th came to us through diverse referrals<br />
<strong>that</strong> are the result of our aggressive <strong>community</strong> outreach to legal and social<br />
services agencies, local health care centers and hospitals, shelters and<br />
<strong>community</strong> organizations. Our staff and clinic volunteers work hard to ensure<br />
<strong>that</strong> all women who visit the clinic obtain the essential legal information and<br />
protections they need to take charge of their lives and focus their energies on<br />
creating nurturing homes and positive futures for themselves and their children.<br />
We say a special thank you to Dave Tomlin, a long-time volunteer staff attorney<br />
from the Associated Press, Elizabeth Silverman, a volunteer from the<br />
Manhattan district attorney’s office, and Bronx interns Lauren Zimmer and<br />
Kristin Johnson for their tremendous help at our November clinic. We<br />
especially appreciated the dozens of homemade muffins <strong>that</strong> Lauren made to<br />
welcome our first clients to the new office!<br />
New clinic volunteers are always welcome. If you are interested in<br />
doing some pro bono work, we invite you donate a Saturday morning and join us<br />
at our next clinic. For more information contact Libby Vázquez at 718-562-8181.<br />
7
<strong>inMotion</strong>, <strong>Inc</strong>.<br />
70 West 36th Street, Suite 903<br />
New York, New York 10018<br />
Tel 212.695.3800<br />
Fax 212.695.9519<br />
Email inquiries@inmotiononline.org<br />
www.inmotiononline.org<br />
Since 1993, <strong>inMotion</strong> has helped thousands of women free<br />
themselves from abusive relationships, stay in their homes<br />
and win the financial support to which they—and their<br />
children—are legally entitled. Our mission is to make a<br />
real and lasting difference in the lives of women—lowincome,<br />
under-served, abused—by offering them legal<br />
and related services designed to foster equal access to<br />
justice and an empowered approach to life. We fulfill our<br />
mission by providing free legal services, primarily in the<br />
areas of matrimonial, family and immigration law, in a way<br />
<strong>that</strong> acknowledges mutual respect, encourages personal<br />
growth, and nurtures individual and collective strength.<br />
Informed by this work, <strong>inMotion</strong> promotes policies <strong>that</strong><br />
make our society more responsive to the legal issues<br />
confronting the women we serve.<br />
we need your support<br />
HELP US PROTECT NEW YORK CITY’ S MOST VULNERABLE FAMILIES FROM ABUSE<br />
Justice for All Women. In any language, a basic principal <strong>that</strong> most of us take for granted—but for the women<br />
and children served by <strong>inMotion</strong>, it is anything but basic.<br />
For 11 years, <strong>inMotion</strong> has provided free legal representation to battered women. We understand the critical needs of abused<br />
families and we know how to reach women within their communities, especially immigrant women who are uniquely isolated by<br />
language and cultural barriers. InMotion is one of the very few places in New York City <strong>that</strong> a woman without legal residency<br />
can turn to for help.<br />
InMotion needs your financial support.<br />
By making a donation to <strong>inMotion</strong>, you are helping<br />
to provide real and lasting legal remedies <strong>that</strong> can<br />
effectively end the cycles of abuse <strong>that</strong> have shaped<br />
so many of our clients’ lives. Help keep our doors<br />
open to the many thousands of women and children<br />
who will need crucial legal protections in the<br />
coming year.