CHICAGOLAWBULLETIN.

COM

FRIDAY, NOVEMBER 23, 2012

Volume 158, No. 230

Specialty courts, lawyers help veterans

oseph Plumb Martin from Connecticut was a soldier in George Washingtons Continental Army. Martin, like most colonists who left their homes and families to fight the British, signed an enlistment contract that promised soldiers land bounties and other rewards after the war in exchange for their service. However, for a variety of political and economic reasons, the benefits which these soldiers had been contractually promised and more importantly, which they had earned through their sacrifice, commitment and patriotism, did not come quickly or easily. When they did come, it was only after a difficult struggle and then only to a small fraction of those who deserved them. In his memoir entitled A Narrative of Some of the Adventures Dangers and Sufferings of a Revolutionary Soldier, Sgt. Martin expressed his profound frustration and disappointment with this injustice, stating that the fledgling nation was rigorous in exacting my compliance to my engagements to a punctilio, but equally careless in performing her contracts with me, and why so? One reason was she had all the power in her hands and I had none. Such things ought not to be. Though the circumstances and centuries may be different, and though there may not be any malicious intent on the part of those who have all the power, the struggles of many of todays veterans would be sadly familiar to Sgt. Martin. As more and more soldiers, sailors, airmen and Marines have returned from overseas engagements in the last few years, the list of challenges faced by them and their families has grown longer and more difficult. Wounded warriors often have to deal with a complicated and sometimes Byzantine benefits process to ensure that

they receive the benefits they have earned through their service. The often toxic combination of complex rules and regulations, coupled with the frustrations inherent in a large bureaucracy, means that veterans dealing with the Department of Veterans Affairs or similar agencies on the state level are understandably overwhelmed at the daunting challenge of simply availing themselves of promised benefits and services. In a parallel situation, some attorneys are able to make a living helping civilian clients navigate the equally challenging maze of obtaining Social Security, disability and other benefits. However, the same cannot be said for our veterans. That is where the legal community can step up to help our heroes and their families as competent legal assistance can mean all the difference in helping folks obtain what they have certainly earned. There is a multitude of ways to get involved. The American Bar Association has an online resource center for military families called ABA Home Front where you can find stateby-state opportunities to volunteer your time and skills to help veterans. The ABAs Young Lawyers Division also runs Project Salute, which trains young lawyers to assist veterans with benefit cases. The John Marshall Law School also operates the Veterans Legal Support Center, which is always holding training sessions and looking for volunteers. Providing pro bono legal assistance for vets is only one way in which our profession can and has contributed to those who have given so much. While there are certainly similarities between the struggles of civilians and those of veterans in the need for legal representation in obtaining benefits from government

PROFESSIONALISM ON SHUFFLE

DAVID S. ARGENTAR
David S. Argentar is deputy director of the Illinois Supreme Court Commission on Professionalism. He also writes on the commissions blog, which can be found at blog.ilsccp.org.

bureaucracies, there are challenges faced by returning veterans that are unique to them and that have required the legal community and justice system to develop creative and innovative solutions to address these needs. Specifically, Illinois joined other states in authorizing the establishment of veterans courts, modeled after drug courts, that are comprised of teams of specially-trained judges, attorneys, probation officers and clinical specialists. They provide a range of services and intensive monitoring of veterans who find themselves involved in the criminal justice system as a result of mental health, substance abuse or other issues arising out of their military service. These kinds of diversionary or problem-solving courts for veterans who qualify and agree to participate are part of a holistic approach to the issues faced by veterans that is designed to reduce recidivism and substance abuse by nonviolent offenders. It is also a sterling example of the importance of collaboration and integration between the bench and bar and multiple professions and communities outside of the legal profession that strive to find solutions

to complex problems. Here in Illinois, the Illinois Center of Excellence for Behavioral Health and Justice, based in Rockford, has been a leader in the effort to develop, in its words, effective partnerships and collaborations involving traditional and nontraditional stakeholders, including treatment providers, law enforcement and correction professionals, legal personnel and members of the judiciary. The centers director, Michelle R. Rock, an attorney and former specialty court administrator for the 17th Judicial Circuit, said that such collaboration in the context of veterans is vital. When working with veterans or any person with behavioral health issues, we must meet the person where they are and treat the whole person, Rock said. Therefore, when a veteran is involved in the criminal justice system as a result of behavioral health issues, the criminal justice system must collaborate with the treatment community to reach the best results. The word justice means different things to different people and has been defined in any number of ways. There can be no doubt, however, that the cause of justice is served by assisting those in need who are struggling with those who have all the power, in particular the brave men and women who have served our nation and who ask for nothing more than respect and the fulfillment of promises made. Sometimes, justice may not be served by the mere imposition of a sentence, but rather may emerge from a creative, collaborative and solutions-oriented process through which veterans are given a chance to fulfill their dreams and continue contributing to society. As Abraham Lincoln noted, I have always found that mercy bears richer fruits than strict justice.

Copyright 2012 Law Bulletin Publishing Company. All rights reserved. Reprinted with permission from Law Bulletin Publishing Company.