Texas Experiments with Specialty Courts

October 04, 2010

Texas Experiments with Specialty Courts

The criminal justice system has not been working; at least, it is not working for all people in all circumstances. The system is strained by repeat offenders who recycle through the system, as some have come to believe, due to unique issues that have not been addressed.

For example, many people with substance-abuse problems are convicted of drug crimes and given probation, only to violate the terms of probation that they not use drugs because of underlying untreated drug addiction.

Over the past few years, Texas has been attempting to fix this problem through the use of specialty courts. These courts are designed to address particular crimes and serve particular populations, in the hopes that they can be more effective than traditional courts. Rather than focusing on punishment, these courts focus on rehabilitation.

Specialty Courts in Dallas and Throughout Texas

Dallas County, Texas has been a leader in these specialty courts. Criminal District Court #4 Judge John Creuzot presides over a drug court tasked with handling cases involving nonviolent, chemically-dependent offenders. Through an intensive supervision and treatment program, this court works to resolve underlying substance-abuse problems rather than simply punishing those who violate the drug laws.

Earlier this year, Dallas County Criminal District Court #7 Judge Mike Snipes launched a specialty court to work with veterans. When a defendant has a brain injury, mental disorder, or mental illness from military service in a combat zone, a veterans' court is authorized to hear any misdemeanor or felony case with which the veteran is charged. In this specialty court, the proceedings are nonadversarial -- the criminal defense attorney and prosecuting attorney are required to work together to generate an "individualized treatment plan."

Dallas County Criminal Court #9 Judge Peggy Hoffman has presided over PRIDE (Positive Recovery Intensive Divert Experience) Court, a year- long intensive judicially supervised program which offers women charged with prostitution an alternative to the judicial system by providing these women an opportunity to leave the life of prostitution. The program moves women from intensive residential counseling and treatment to outpatient treatment to independence with assistance in the areas of counseling, education and job training. If a woman graduates from the program, the case pending against her is dismissed. Its predecessor, STAR (Strengthening, Transition And Recovery) court was founded by Judge Lana Myers, now an appellate judge. STAR court exclusively handled cases involving prostitutes who were already on felony probation. The probationers met weekly with the judge, who helped guide them through drug treatment and encouraged them to pursue educational opportunities and find legal employment.

Criticism of Specialty Courts

Throughout Texas, many other counties are following Dallas County's lead. Specialized courts have a track record that lives up to their promises; however, there are those who have raised significant concerns.

The courts' collaborative process, of necessity, dilutes the adversarial process, which could undermine the legal protections for those accused of crimes. The criminal-justice system is premised on the idea that justice is best served when strong advocates separately represent the interests of the accused and the accuser. Critics state that specialty courts' collaborative process blurs those boundaries.

Furthermore, some question the fairness of dedicating these scarce tax dollars to particular offenses and offenders. If everyone is to be treated equally under the laws, is it reasonable that some people receive special treatment from these specialized courts?

The counterarguments are powerful, though. Veterans have served our Country, and a court that serves them simply recognizes the debt owed to them. Prostitutes are almost invariably the victims of a society and persons who use and abuse them, and a court devoted to their concerns helps to break that vicious cycle of continuing abuse and criminal conduct. Finally, we cannot truthfully say that we are winning the "War on Drugs", and drug courts are an innovative way to truly help those who are addicted while protecting society at the same time from the criminal conduct that arises from the need to satiate those addictions. These courts are courageous efforts to do the right thing in a prudent, thoughtful, and innovative way.

Making a Difference for the Good

Though these specialty courts are still experiments that require careful monitoring and improvement, they are a brave attempt to deal with situations in which the traditional justice system is not working well enough. These judges, and the hardworking teams that support their efforts, are making the difference for the citizens that come before them and the communities that rely upon them to promote individual rights and responsibilities as well as order and security.

Article provided by Patrick J. McLain
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