Best Practices for Obtaining Full and Timely Restitution

This session will address best practices and advocacy tips for helping victims’ attorneys obtain full and timely restitution orders for the clients they serve. This session will focus on case examples of innovative procedures used in the panel’s everyday practice such as unique approaches to standing and future lost income. This session is geared toward attorneys with moderate knowledge of crime victims’ rights.

Keli Luther is the senior attorney for Arizona Voice for Crime Victims (AVCV). AVCV is the first direct representation legal clinic for crime victims in the United States. It is the mission of AVCV to vigorously advocate for the protection and enforcement of a crime victim’s constitutional rights in court. Formed in 2001, AVCV is comprised of staff attorneys, Arizona State University College of Law students, and volunteer attorneys who represent crime victims pro bono during all criminal proceedings. Ms. Luther began her work at CVLAP as a volunteer. She was later hired permanently as the project’s staff attorney. Within the scope of her position, Ms. Luther has represented crime victims throughout the criminal justice process, including advocating at both the trial and appellate level, including the United States and Arizona Supreme Court. She has also researched, drafted and argued motions resulting in key victims’ rights victories involving constitutional issues as right to be heard, speedy trial, evidentiary disclosure issues such as victim privacy and victim impact statements. Ms. Luther drafted the United States Supreme Court amicus curiae brief on behalf of all crime victims in Ring v. State of Arizona. Prior to Ms. Luther’s constitutional work with crime victims, she practiced in the area of corporate and constitutional law litigation in Washington, D.C., before returning home to Arizona in late 2001.

Heidi Nestel currently serves as Executive Director and Staff Attorney for the Utah Crime Victims Legal Clinic—providing free legal representation to victims of crimes as they go through the criminal justice system. Previous to her current employment, Ms. Nestel served as a prosecutor for the Davis County Attorney’s Office as well as the Victim Service Director for that Office. In her eight years working for Davis County, she specialized in prosecuting violent crimes against women including domestic violence assault, violation of protective orders, and rape and sexual assaults. Ms. Nestel also prosecuted in the juvenile court system and found making a difference for both victims of juvenile crime and the delinquents, themselves, very rewarding. Ms. Nestel received an Honors B.A., summa cum laude, in 1991, from the University of Utah in Political Science. In 1991, Heidi received a Harry S. Truman Scholarship based on her dedication to working with juveniles and minor victims in the public sector. Ms. Nestel went on to pursue an M.A. and also received her J.D. from the University of Utah. During and after law school, Ms. Nestel worked for the Office of the Guardian ad Litem, representing abused and neglected children in court. Through this experience, Ms. Nestel was trained on the dynamics of violence and became dedicated to helping vulnerable victims of crime. Ms. Nestel has a passion and commitment to working with victims of crime and is dedicated to helping victims have a meaningful voice in the criminal justice system.

This conference is supported by Grant No. 2008-DD-BX-K001 awarded by the Office for Victims of Crime, Office of Justice Programs, U.S. Department of Justice. Points of view in this document are those of the authors and do not necessarily represent the official position or policies of the U.S. Department of Justice.