GoVia's Highlight A Hero System and the Role of Attorneys as Witnesses in Police-Citizen Encounters

By Georgio Sabino III, May 1, 2025

The GoVia Dual Accountability System, through its Highlight A Hero initiative, seeks to transform police-community interactions by embedding real-time legal oversight into encounters. Central to this system is the presence of an independent attorney who can serve as a witness if either party—officer or citizen—commits unlawful acts. This article explores the legal and ethical implications of attorneys acting as witnesses in two high-stakes scenarios: police escalation of force and citizen non-compliance driven by trauma or entitlement. It also examines case law precedents and systemic challenges tied to this innovative accountability model.

I. GoVia’s Dual Accountability Framework

GoVia’s system introduces attorneys as neutral third parties during police encounters, providing immediate legal support and de-escalation guidance. Key features include:

Real-Time Attorney Access: Both officers and citizens connect with attorneys via the app, ensuring transparency 1.
Dual Accountability: Attorneys can testify against either party if misconduct occurs, deterring escalation 1.
Educational Initiatives: Training for officers and citizens to reduce systemic mistrust 1.

This model challenges traditional legal boundaries by positioning attorneys as both advocates and potential witnesses, raising questions about conflicts of interest and ethical obligations.

II. Scenarios of Escalation and Attorney Intervention

Case 1: Officer-Induced Escalation

Scenario: An officer abuses power (e.g., unjustified use of force, racial profiling) during a traffic stop, heightening tension.
GoVia’s Role: The attorney observes the interaction, documents misconduct and testifies against the officer in court.

Legal Impact: Overcomes qualified immunity by providing evidence of “clearly established” rights violations (e.g., Graham v. Connor’s reasonableness standard) 8.
Precedent: Similar to cases like James Owens v. Baltimore, where withheld exculpatory evidence led to wrongful conviction lawsuits 2.

Case 2: Citizen Non-Compliance Driven by Trauma

Scenario: A citizen with PTSD resists arrest due to prior trauma, escalating the situation.
GoVia’s Role: The attorney de-escalates verbally while documenting the citizen’s actions. If the citizen unlawfully resists, the attorney testifies against them.

Legal Impact: Balances accountability with trauma-informed responses, addressing systemic issues highlighted in cases like Estate of Robert Ethan Saylor (excessive force against a disabled individual) 2.

III. Ethical and Legal Challenges

Attorney as Witness: Ethical Conflicts

ABA Model Rule 3.7: Prohibits attorneys from acting as advocates and witnesses in the same case unless exceptions apply (e.g., necessity). GoVia’s attorneys may face disqualification if they testify against their client 511.
Mitigation Strategy: Assigning separate attorneys for representation and testimony could resolve conflicts, though this requires robust systemic coordination.

Case Law Analogues

While direct precedents for GoVia’s model are scarce, analogous cases include:

Body Camera Evidence: Courts increasingly rely on video evidence to assess police conduct (e.g., George Floyd case), akin to attorney testimony 11.
Legal Observers in Protests: National Lawyers Guild observers document police actions, though they rarely serve as formal witnesses 5.

IV. Systemic Implications and Recommendations

Strengths of GoVia’s Model

Transparency: Reduces “he said/she said” disputes by adding a neutral witness 1.
Deterrence: Encourages lawful behavior from both parties to avoid legal consequences 1.

Weaknesses and Risks

Ethical Dilemmas: Attorneys testifying against clients may breach confidentiality or loyalty 5.
Implementation Costs: Scaling real-time legal support nationally requires significant funding and training 9.

Recommendations

Legislative Support: Amend ethics rules to permit attorney-witness roles in specific contexts (e.g., public safety emergencies).
Pilot Programs: Test GoVia in jurisdictions with high police misconduct rates (e.g., Baltimore, Chicago) to gather data 25.
Hybrid Advocacy: Pair GoVia attorneys with body cameras to create redundant accountability layers.

GoVia’s Take

GoVia’s Highlight A Hero system represents a paradigm shift in police accountability, leveraging attorneys as both mediators and witnesses. While ethical and logistical challenges persist, the model’s potential to reduce violence and rebuild community trust is significant. By integrating lessons from wrongful conviction litigation and civil rights advocacy, GoVia could set a new standard for equitable justice—provided it navigates the delicate balance between legal oversight and ethical fidelity.

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