The Anchorage, Alaska Veterans Court and Recidivism: July 6, 2004 - December 31, 2010

• Publication year: 2012

§ 29 Alaska L. Rev. 93. THE ANCHORAGE, ALASKA VETERANS COURT AND RECIDIVISM: JULY 6, 2004 - DECEMBER 31, 2010

Alaska Law Review
Volume 29, No. 1, June 2012
Cited: 29 Alaska L. Rev. 93

THE ANCHORAGE, ALASKA VETERANS COURT AND RECIDIVISM: JULY 6, 2004 - DECEMBER 31, 2010

Jack W. Smith ^[*]

Abstract

In July 2004 Anchorage, Alaska started one of the first veterans courts in the United States. That court has now been in continuous operation for over seven years. This Comment briefly describes the steps taken to establish the Alaska Veterans Court and how the court operates. An overview of the characteristics of participants in and graduates from the court is provided, followed by statistics concerning the effect of the court on recidivism. Several potential future areas of study concerning this court are also identified. The Comment concludes by highlighting the importance of the court and by noting that the benefits provided by the court are currently limited by the absence of funding from any source.

Introduction

In 2004, ^[1] the Alaska Veterans Court-the first known veterans court in the country ^[2] -was established in an effort to reduce the number of criminal cases involving former members of the United States military. ^[3] One problem with specialty courts is the lack of statistics showing who is using the courts and what effect the courts have on reoffending. Currently, there are no reported studies concerning the effect of a veterans court on reoffending.

This Comment describes the history of the Alaska Veterans Court in Anchorage and provides statistics on the demographics of those using and those considering the court. The Comment examines whether the graduates and those exposed to the court's programs have received new criminal convictions or petitions to revoke probation within twelve to thirty-six months after exposure to or completion of Veterans Court. ^[4] To determine whether the Veterans Court has succeeded in reducing recurring criminal conduct, this Comment compares the recidivism rate of graduates of the Veterans Court with the recidivism rates of individuals who did not successfully complete the Veterans Court program, individuals who were eligible but declined to participate in Veterans Court, and the few individuals found to be ineligible to participate in the Veterans Court. ^[5] The Comment includes several observations concerning these statistics. However, the statistics are primarily provided to serve as a jumping-off point for future studies, and no analysis of the statistics is attempted. ^[6] Additionally, although these court proceedings are open to the public and the records are available for review, citations to the court records have been omitted in order to protect the privacy of individual defendants. The Author participated in the establishment of the Veterans Court and the court's first three years of operation. These personal experiences provide the basis for much of the description of the Veterans Court's history and operation.

This Comment begins by providing background information on the creation of the Alaska Veterans Court in Anchorage in Part I. Part II discusses the basic operation of the court. Part III provides an overview of the potential benefits of a veterans court. Part IV presents data on Veterans Court cases from July 1994 through December 2010, and Part V discusses the effect of the Veterans Court on recidivism. Part VI highlights possible issues that may be addressed in future research. The Comment concludes with some thoughts on the important role the Alaska Veterans Court plays in the Anchorage community and on the challenges it faces going forward.

I. History of the Alaska Veterans Court

Although the specific procedures for veterans courts differ across the United States, ^[7] the basic outline is similar. Individuals facing criminal charges who are eligible for veterans benefits ^[8] are provided an opportunity to avoid criminal prosecution and receive reduced charges or sentences based upon completion of treatment provided through the federal Department of Veterans Affairs (VA). ^[9]

Alaska has a relatively large community of veterans, ^[10] which is at least partially attributable to two large U.S. Army installations (Fort Richardson in Anchorage and Fort Wainwright in Fairbanks) and two large U.S. Air Force installations (Elmendorf AFB in Anchorage and Eielson AFB in Fairbanks). ^[11] Anchorage District Court Judge Sigurd E. Murphy, a retired U.S. Army Brigadier General, ^[12] initiated efforts to establish a veterans court in 2003. ^[13] A district court judge since 1992, ^[14] Judge Murphy had observed a number of military veterans repeatedly coming through the criminal justice system, and he was interested in finding a way to reduce the repeated criminal court involvement of these veterans. ^[15] After researching specialty courts in San Diego, California ^[16] and King County, Washington, ^[17] Judge Murphy sought to establish a specialized court within the Alaska Court System designed to help military veterans facing criminal charges by utilizing the benefits they earned and were entitled to through the VA. ^[18]

Initiation of a veterans court raised a number of challenges. Judge Murphy was a district court judge with jurisdiction over misdemeanor crimes but not felonies. ^[19] The prosecution of crimes arising in Anchorage is divided between the City of Anchorage Municipal Prosecutor's Office and the State of Alaska Anchorage District Attorney's Office. ^[20] Therefore, the participation of both the Municipal Prosecutor's Office and the Anchorage District Attorney's Office was desirable.

Funding is always an issue in establishing a specialized court, and funds were not readily available to establish a veterans court in Anchorage. ^[21] Judge Murphy's plan was to volunteer his time to run the court. ^[22] He recognized the time required for Veterans Court could not impact his other cases or scheduled hearings without creating a potential roadblock to establishing the court. ^[23] To assist in presiding over the court and covering hearings in his absence, Judge Murphy recruited the Author of this Comment, Judge Jack W. Smith.

Judge Murphy and the Author met with the Municipal Prosecutor and Alaska representatives of the VA to gauge interest in the proposed court. Over several months, these parties hammered out the ground rules for how the Veterans Court would function. The Anchorage District Attorney's Office initially declined to participate in these discussions; because their staffing was based upon established courts, supporting a new court would be an unfunded requirement. ^[24] The VA and Municipal Prosecutor both conditioned their agreement to participate in the Veterans Court on having the right to refuse to allow otherwise eligible individuals entry into the Veterans Court due to their current offense, criminal history, or history with the VA. ^[25]

Contemporaneously, Judge Murphy and the Author discussed the proposed court with the Anchorage Presiding Judge and Area Court Administrator. They also coordinated with the district court calendaring office to ensure a time and day of the week could be established for Veterans Court to occur without disrupting their respective calendars for other district court proceedings. The Area Court Administrator was a strong proponent of therapeutic courts and readily supported the proposed court. The Presiding Judge was not opposed to the proposal so long as the new court had minimal impact on the admittedly busy court staff.

The proposal for a new therapeutic court faced opposition from two camps within the judiciary. First, some judges were opposed to any new courts. Surprisingly, opposition to the proposed new court also came from the judges handling existing therapeutic courts. This second group of judges raised concerns over whether the proposed court was a therapeutic court ^[26] and whether the resources required for the new court would draw from those necessary for existing therapeutic courts. These concerns appear to have been unnecessary, as the Veterans Court developed a symbiotic relationship with the alcohol, drug, and mental health courts in Anchorage. ^[27] Individuals are referred by the Veterans Court to these courts either when the individuals are not eligible for Veterans Court or when their particular problems are more appropriately addressed in another therapeutic court.

Following extensive discussions, Judge Murphy and the Author met with the Municipality of Anchorage contract defense counsel firm, Gorton and Logue. Gorton and Logue expressed reserved support for the proposed court. To the extent it offered treatment and assistance to their clients at no expense to the clients, it was certainly preferable to the many court-ordered treatment programs requiring payment. However, they also pointed out the obvious difficulty for their clients in electing to participate in Veterans Court. The treatment and therapy through Veterans Court and the VA would almost always require a substantially greater commitment of time and effort than a plea in regular court. Nonetheless, they were willing to present the option to their clients and would support the Veterans Court program for those clients who were interested in treatment. After all the preliminary and preparatory steps were completed, the principals signed a memorandum of agreement establishing the Alaska Veterans Court effective July...