Fisher Faces Calls for Consequences After Jailing Alleged Domestic Violence Victim Over Pot
Circuit Court Judge James P. Fisher is facing calls for censure less than three years into his first term after he jailed an alleged victim of domestic violence in the middle of her testimony, asserting that she was under the influence of marijuana.
Critics including longtime advocate for survivors of domestic violence and sexual assault and for women’s rights Lisa Sales, Commonwealth’s Attorney Buta Biberaj, two county supervisors, the woman’s attorney Thomas Plofchan have called for the General Assembly to take action against Fisher. And, they warned, Fisher’s actions could further discourage survivors from reporting a crime that they already have difficulty bringing to the justice system and winning in court.
“To treat victims as though they are criminals themselves is unforgivable and should not be tolerated,” Sales said during a Thursday morning protest outside the Loudoun County courthouse.. “Judge Fisher should have been calling balls and strikes in this proceeding, and he should not himself have been prosecuting the victim.”
The woman, Katie Orndoff, was testifying in case against James Paige Phillips, who is charged with felony assault and battery of a family member, third or subsequent offense. He is accused of punching her twice in face while she was driving on Rt. 15, and has pleaded not guilty.
About 90 minutes into Orndoff’s testimony, Fisher interrupted proceedings to ask her if she was intoxicated. During the exchange, she admitted to smoking marijuana earlier in the day. Fisher declared her in contempt of court and sentenced her to 10 days in jail, the maximum sentence permitted. After being held for two days, Orndoff was released from jail on $1,000 bail.
During that interaction and in subsequent filings, Fisher wrote that she appeared intoxicated and almost fell out of her chair—accusations not supported by other detectives and attorneys who had interacted with her before and during the trial. Video of the incident shows Orndoff reacting confusedly and incredulously after the unexpected ruling and being ordered to jail.
“What is going on? I didn’t even do anything,” she said. “What am I supposed to do? I don’t understand.” She began crying before she was escorted out. Assistant Commonwealth’s Attorney Elena R. Ventura, who was prosecuting the case, asked Fisher to reconsider, a request he denied.
Fisher’s on-the-spot investigation and prosecution has attorneys warning he violated Ordoff’s due process rights—she was not informed of charges against her, never read her Miranda rights, and had no opportunity to access things like an attorney—and could further discourage domestic and sexual violence victims from coming forward. Since she was ordered to jail, attorney Thomas Plofchan has taken her case, further arguing that Fisher’s order to have Orndoff’s blood drawn and tested for narcotics—marijuana not being a narcotic—was also illegal, having been done without a warrant and after she was already convicted. Fisher also ordered the results of the blood draw to be filed with the Clerk of the Court, which Plofchan argued violated her right to medical privacy.
Fisher Faces Calls for Consequences After Jailing Alleged Domestic Violence Victim Over Pot - Loudoun Now
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