Vermont Bar Journal, Vol. 40, No. 2 Summer 2014, Vol. 40, No. 2 | Page 17

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. 17