February 23, 2011

Veterans’ Courts

Veterans’ courts are typically separate dockets for defendants who are veterans and have legal issues related to post-traumatic stress disorder, such as drug addiction or mental illness. The courts are based on the "drug court" model of providing specialized services, such as counseling, with the goal of avoiding incarceration, which some argue not only helps the defendants but also provides long term savings (i.e., the costs of a separate docket are offset by avoiding the costs of prison time and repeat offenses).

In January 2008, New York Judge Robert Russell started the nation's first veterans treatment court (June 1, 2008 USA Today article). According to the National Association of Drug Court Professionals (NADCP), at least 48 cities and counties across 21 states now have veterans' courts. Four states - Colorado, Illinois, Nevada, and Texas - have enacted legislation authorizing such courts. Additionally, federal legislation in 2008 and 2009 would have created a national veterans’ court program, but the bills died in committee (e.g., S.902 SERV Act).