Understanding the Domestic Violence Survivors Justice Act

On October 18, 2024, Albany Law School’s Government Law Center and the Gender Fairness Committees of the Third and Fourth Judicial Districts presented a Continuing Legal Education (CLE) program examining the Domestic Violence Survivors’ Justice Act (DVSJA). In 2019, New York State passed the Domestic Violence Survivors Justice Act, which expands the circumstances under which judges can consider domestic violence survivors' experiences of abuse in determining appropriate sentences for those who commit offenses and authorizes motions for re-sentencing. The implications of that law—as well as the interpretation of it—remains fluid as the trial and appellate courts are grappling with the legal nuances. Panelists from the legal and advocacy communities analyzed the DVSJA, its application, and emerging appellate issues. Panelists included: • Stephanie Batcheller, Esq. — Senior Staff Attorney, New York State Defenders Association • Prof. Kate Mogulescu — Professor of Clinical Law, Brooklyn Law School; Director, Survivors Justice Clinic • Prof. Mary Lynch — Kate Stoneman Chair in Law and Democracy, Albany Law School • Hon. Bryan Rounds — Judge, Ulster County Court • Veronica Reed, Esq. — Defense Attorney, Albany • Steven Sharp, Esq. — Defense Attorney, Albany • Karin Portlock, Esq. — Partner, Gibson Dunn & Crutcher • Lisa Perlman, Esq. — Chief, DVSJA/START Unit, Kings County District Attorney’s Office The discussion was moderated by: • Hon. Lisa M. Fisher — Justice of the New York State Supreme Court, Appellate Division Third Judicial Department Co-sponsors: • Adirondack Women’s Bar Association • Albany County Bar Association • Capital District Women’s Bar Association • Government Law Center at Albany Law School • Legal Aid Society of Northeastern New York • Montgomery County Bar Association • New York State Bar Association Criminal Justice Section • New York State Bar Association Women in Law Section • New York Women Judges Association