Out of the Shadows: How Colorado Specialty Courts Help Veterans

Publication year2015
Pages5
44 Colo.Law. 5
Out of the Shadows: How Colorado Specialty Courts Help Veterans
Vol. 44, No. 11 [Page 5]
The Colorado Lawyer
November, 2015

In and Around the Bar

CBA President's Message to Members

Out of the Shadows: How Colorado Specialty Courts Help Veterans

By Henry Vorderbruggen

One of the most rewarding experiences I have had as a criminal defense attorney was appearing in the 17th JD's veterans court—the Adams County Court for Veterans (ACVV)—implemented by and presided over by the Honorable Brian Bowen. There are many veterans in my family, and I have witnessed each of them face unique struggles related to service to our country. Knowing there are programs like ACCV gives me hope for our veterans who need help, and hope for the future of our judicial system. For this issue, I have asked Henry Vorderbruggen, a former second-class petty officer in the U.S. Navy, to serve as guest author. He discusses veterans treatment court programs nationwide and in Colorado.

On the heels of the longest war in American history,[1] steady waves of veterans have returned home to face an even greater threat than the enemy abroad—readjusting to civilian life. With 21st-century advances in military medicine, more and more veterans are returning home alive, yet they must confront serious injuries and post-traumatic mental disorders that will forever shape the way they live. These effects are often the underlying cause of violent or self-destructive behaviors that entangle family, friends, and the court system as veterans attempt to cope with their past experiences and reintegrate into society. Veterans separating from the military must also attempt to break into a national economy still reeling from the Great Recession of 2008, where bleak employment prospects may be reduced even further by mental illness or substance abuse issues left untreated. This leads to an environment where veterans are unable or unwilling to access the resources available to them and continue to fuel disturbing statistics that show veterans—and particularly combat veterans—are predisposed to depression and even suicide.[2] According to the Department of Veterans Affairs, a startling 22 veterans commit suicide every single day.[3] This is wrong, and must be stopped. As a society, Americans have urged lawmakers across the United States to take the moral position that military veterans deserve specialized care in the criminal justice system, and a legitimate second chance.

When the nation's courts were flooded with nonviolent drug cases during America's War on Drugs, lawmakers reacted by instituting a solutions-based approach that kept offenders out of overcrowded jails while still ensuring public safety through counseling and supervision. The demonstrated success of these policies resulted in the spreading of specialty court programs around the country, leading to the creation of DUI courts, mental health courts, family dependency and neglect courts, and most recently, veterans treatment courts. Established in Colorado in 2009, El Paso County pioneered a Veterans Treatment/Trauma Court (VTC) model that is a collaboration of prosecutors and defense attorneys, the judiciary, the Department of Veterans Affairs, the Probation Department, community-based mental health and substance abuse treatment providers, local law enforcement, a nd the Colorado Coalition for the Homeless, as well as the veteran's personal support network. Presiding VTC Judge David Shakes—a retired military officer and Judge Advocate with the U.S. Army—supervises each case and has helped other judicial districts in Colorado establish their own programs.

The ultimate goal of the VTC program is to balance the individual needs of the veteran with public safety. The primary feature is the treatment component, which addresses substance abuse and mental health issues by connecting eligible veterans with counseling and treatment resources. This directly benefits the veteran—and saves tax dollars—but there's more at stake than that. A community invested in the success of its veterans demonstrates the appreciation we, as Americans, should all have for the harrowing cost service members endure in defense of our fundamental freedoms and everyday security. Too often, their sacrifice is reduced to mere statistics.

Who Are These Veterans?

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