Studer Community Institute

Court offers vets treatment instead of jail

May 27, 2015
/ Reggie Dogan
/ government

Escambia County Circuit Court Judge Edward P. Nickinson III has spent nearly 20 years in drug court, helping nonviolent offenders find restoration in recovery and become productive citizens. At a conference in Orlando last year, a lawyer’s passionate presentation on the virtues of veterans treatment court piqued Nickinson’s interest in starting a similar court in Pensacola. “We have no idea what we are facing in the next couple of decades in terms of behavioral issues from these veterans coming back,” Nickinson said. “If we don’t get on top of this, it’s going to create major problems.” Nickinson turned his interest into action and next month plans to launch a veterans court in Escambia County. When it begins on June 9, Escambia County's veterans court will become only the second one in Northwest Florida. In 2010, an Okaloosa County judge created a veterans court as a result of the post-traumatic stress disorder he had dealt with after suffering a traumatic brain injury in Afghanistan in 2005. The Florida Legislature named the veterans court bill, T. Patt Maney Veterans’ Treatment Intervention Act, in honor of Judge Patt Maney. Since it inception, 40 of nearly 80 participants in the program have completed their treatment and graduated, said Carl Jett, Okaloosa County's veterans court coordinator. As of April, 36 veterans remain on the docket getting assistance through the court. The success rate is relatively high. Only six veterans — 15 percent of participants — have failed to meet the requirements for completion, Jett said. For the most part, veterans court is a hybrid drug and mental court designed to serve veterans struggling with addictions, mental illness and various disorders. The court gives a judge leeway to offer treatment rather than punishment for veterans who have served in combat zones and suffer from PTSD, traumatic brain surgery, substance abuse or psychological problems. Darrell Womack, Escambia’s veterans court coordinator, said the court will work with Veterans Administration, the State Attorney’s Office, the Public Defender’s Office and Probation & Parole Office, among other agencies, to identify candidates for the court. A disabled veteran with 22 years in the Air Force and reserves, Womack is looking forward to assisting veterans who may need treatment instead of incarceration. “Anytime you can match a service provider with a need and not have a huge cost, that’s a match made in heaven,” Womack said. “Everything I’ve done has been about helping people. This is not a huge step for me.” But it is an important step for veterans who find themselves caught in the crosshairs of the criminal justice system. “With the drug court, we know what we’re treating; we’re treating addiction, which is a disease,” Nickinson said. “With this, we will be crafting a case plan with each of them, and it will be different depending on charges or the underlining pathology.” Costs to the courts are minimal, Nickinson said. They are expecting about $150,000 in the state budget this year. A partnership with the University of West Florida’s Veterans Center will provide some assistance and volunteers. Nickinson also expects retired military to volunteer as counselors, offering a listening ear and support to veterans in the program. Kathy Monson, the Gulf Coast’s Veterans Justice Outreach Specialist, said referrals for the court will likely come from the attorneys, judges, jail staff, family members and the veterans themselves. Admission into the program will be a legal decision and the VA staff will verify eligibility for health care and determine whether mental health and substance abuse treatment is needed, Monson said. During the screening process, a veteran’s criminal history also will be examined. Veterans charged with Class A felonies such as homicide, violent assaults and rape won’t be considered for the program. Once screened and processed, the veteran will be assigned to an outpatient clinic in Pensacola, or a more intense, in-patient treatment program in Biloxi, Monson said. “Because the court is a treatment court, veterans who wish to participate must have a mental health and/or substance abuse issue that they acknowledge,” Monson said. “The legal members of the Veterans Court team will determine who may enter.” Like a drug court, participants in veterans court, Nickinson said, will appear before him at least every two weeks in the first phase. Later, they will meet about once a month to ensure that the veterans are meeting the requirements of their treatment. Participants will have to attend sessions and receive treatment for about a year. If they stay away from trouble and meet all requirements, veterans will have an official ceremony and get a certificate, marking their completion of the intensive program. “I’m both the incentive of having to impose sanctions, but also to work on the other end of encouragement, because when it works that's more effective than sanctions.” Nickinson said he didn’t realize the value of veterans court until last year when he heard an attorney at the Partners in Crisis Conference in Orlando talk about the need for veterans suffering from PSTD to get help through the courts. Brockton Hunter, a Minnesota criminal defense attorney, is known nationally for his work in helping veterans suffering from PSTD. He uses his report “Echoes of War: The Combat Veteran in Criminal Court,” to draw attention to the plight of veterans who often return from combat with mental and physical injuries that often lead to self-destructive behavior. Hunter traces a disturbing trend of soldier returning to civilian life battle-scarred back to Trojan War. “History tells us that as the wars in Iraq and Afghanistan wind down, the numbers of troubled veterans flooding into our criminal justice courts will swell,” Hunter wrote. “Our criminal justice system must be better prepared than previous generations.” Hunter’s message resonated with Nickinson. He had met with with Judge Maney and Judge Robert Russell of Buffalo over dinner to learn more about the program. Russell is the pioneer of veterans courts in the U.S. Since the New York State judge formally began a veterans court in 2008, more than 300 similar courts have been started around the country. With the second one in Northwest Florida, Nickinson hopes his efforts makes a big difference in Escambia County. “This is not just a matter of trying to benefit the defendants,” Nickinson said. “We’re trying to make the community a safer place.”

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Court offers vets treatment instead of jail

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