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59 Ct. Rev. 148 (2023)
The Role of the Judge in Establishing a VTC

handle is hein.journals/ctrev59 and id is 152 raw text is: The Role of the Judge in Establishing a VTC Mishkat Al Moumnin, Judge Gayle Williams-Byers & Amber Menchio Even though the United States has concluded most of its mili- tary campaigns, veterans consistently appear in courtrooms facing charges. The criminal justice system aims to protect society, prevent the commission of a future crime, and rehabilitate the offender. In cases involving individuals with serious mental ill- ness, treating that mental illness has proven to be a more effective way to accomplish those goals than incarceration.' While mental health and drug courts have proven to be highly successful, veter- ans present as a unique population who benefit from the individ- ualized focus, support, and perspective that a specialized Veterans Treatment Court (VTC) can provide. This paper focuses on the specific issues of establishing a VTC that is expected to address many of the concerns its veterans expe- rience. More specifically, this concept identifies the goals and prin- ciples of the VTC; legislative and internal regulations; financial and human resources; the role of a judge, interdisciplinary team and volunteer veteran mentors and other components of the VTC establishment. Mental health and drug courts exist to ensure that those in the criminal justice system in need of treatment rather than punishment receive the care required to accomplish the goal of rehabilitation.2 The basic premise of jail diversion for veterans is that their mil- itary service may have contributed to their instability which subse- quently led to their charges and/or arrests. Establishing a VTC does not give the veterans immunity from responsibility, rather, it allows them to explore appropriate treatment options as a way to resolve their war wounds under the strict supervision of the court. War leaves veterans with physical and mental injuries that impact them and their families - at times severely enough to destroy lives. Because these injuries are not visible, they often go undetected until the veteran is accused of breaking the law and is required to appear before the court. Whether it is Post-Traumatic Stress Disorder (PTSD), Traumatic Brain Injury (TBI), military sexual trauma, or Major Depression, these injuries do not make the veteran a criminal, rather, the vet- eran becomes a defendant in need of help treating and resolving their war wounds. The creation of a specialized VTC then becomes a unique tool available through the court to address the challenges these heroes face. This paper examines the goals of a VTC, the methods utilized in other jurisdictions that established a successful VTC, how they function, and why they are a necessary component of a functioning modern-day judicial system. PROBLEM STATEMENT Many combat veterans return home from deployment suffering from post-traumatic stress disorder, traumatic brain injuries, and mental disease. Some veterans find it difficult to integrate back into the community Returning veterans are finding themselves in trou- ble with the criminal justice system because the injuries they suf- fered while on deployment have been linked to substance abuse, domestic violence, and other criminal activity Therefore, this paper examines strategies and techniques required to establish a veterans' treatment court to provide an overview for judges who are looking to establish such a court in their jurisdiction. Further- more, this paper explores the possibility of using the judiciary as a venue to heel rather than to punish. THE GOAL OF THE VTC ESTABLISHMENT The VTC is designed to address underlying healthcare issues that may have contributed to the veteran's arrest rather than crim- inally punishing the defendant.3 The result is not an avoidance of responsibility but rather a more successful rehabilitative result designed with the goal of preventing future offenses. VTCs, like all other specialized treatment courts, apply evidence-based behavior change strategies that are administered fairly and consistently Pun- ishment is not used when veterans are fully compliant with treat- ment or counseling. However, the VTC is different from the drug treatment court by focusing on veterans' needs and incorporating the involvement of volunteer veteran mentors.4 The purpose of the court extends beyond whether a veteran-defendant is guilty; instead, the court employs services to ensure that the veteran is receiving the healthcare and tools they will need to lead productive and law-abiding lifestyles.5 In these courts, veterans participate in a program tailored to address their specific needs. Participants frequently meet with a judicial officer, other veterans, treatment providers, mentors, and support teams. The model of a VTC was established based on a judicial initiative started by Judge Robert Russell, who helped cre- ate several problem-solving courts, including drug treatment and mental health treatment courts.6 Judge Russell, an associate judge in Buffalo's City Court, noticed an immediate positive response from a veteran who appeared in his mental health court after Judge Russell asked two veterans who worked at his court to talk to the veteran defendant. According to Judge Russell: Authors Note: This paper discusses principles applicable to any veterans treatment court but began as a research paper that was part of a program help- ing Ukraine establish a veterans' court. Footnotes 1. Ashok Paparao Yerramsetti, Daniel David Simons, Loretta Coonan & Andrea Stolar, Veteran treatment courts: A promising solution, 35 BEHA. Sct. & L. 512 (2017). 2. Id. at 512. 3. Id. at 514. 4. Id. at 515. 5. Id. at 514-15. 6. Robert T. Russell, Veterans Treatment Courts, 31 TouRO. L. REV 385 (2015). 148 Court Review - Volume 59

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