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    Court Basics

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    5. Veterans' Courts in Arizona

    Veterans Courts in Arizona - What They Are, How They Work, and Who Qualifies

    What is Veterans Court?

    Veterans Court is a specialty program that exists in some courthouses in Arizona. The goal of Veterans Court is to help former service members become active, contributing members of their community. This program brings together legal counsel, court staff, the Department of Veteran Affairs, and other support organizations to help veteran's facing a criminal legal issue.
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    Who is Veterans' Court for?

    The Veterans' Court program is for those currently in, or entering, the criminal justice system. Those involved in the program often have issues as the result of:
    Post-Traumatic Stress Disorder (PTSD)
    Traumatic Brain Injury (TBI)
    Anger Issues
    Alcohol Abuse
    Drug Abuse
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    Depending on the issue the veteran is facing, the veteran's support team works to create and supervise a specialized treatment plan. These treatment plans are designed to address the underlying causes of the veteran's behavior and substance abuse issues.

    Who is eligible for Veterans' Court?

    Unfortunately, not every veteran is eligible for Veterans' Court. Veterans that have cases in a courthouse without a Veterans' Court will not be able to participate in the treatment program.
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    Each Veterans' Court is operated differently depending on the community, presiding judge, and support staff. This program is voluntary and the veteran must ask to be placed in the program. Once a veteran requests to be in the program, the prosecutor, defense attorney, and judge may consider the following:
    • The criminal charge that the veteran is facing
    • The veteran's legal history
    • Plea agreements that may exist
    • Recommendations from Adult Probation Departments
    • The veteran being willing to fully participate in the program

    How can a veteran remain eligible for a Veterans Court program?

    For the veteran to remain eligible, they have to actively participate and work towards making progress in the treatment program that is developed for them by the court. There may be certain requirements that the veteran has to agree to and cannot violate to remain in the program. If the veteran does not follow the rules or requirements they may be thrown out of the program and returned to the regular judicial process.

    What is the process for Arizona Veterans Courts?

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    The prosecutor and the defense counsel evaluate each case and must agree that the case is appropriate for Veterans Court.  The case is then presented to the Judge for final approval.
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    The Department of Veterans Affairs Veterans Justice Outreach specialist then verifies the veterans eligibility for veteran’s benefits and conducts an initial assessment of the veteran’s treatment requirements.  The veteran, if eligible for VA benefits, is then directed to the local VA medical facility for a more in-depth assessment.
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    It is from this assessment a treatment plan is agreed on for presentation to the Judge.  Upon approval of the plan by the Judge, the veteran begins the treatment programs called for in the plan.

    Progress in the treatment program is closely monitored by the Court.  Non-compliance with the treatment program can lead to penalties which may include incarceration, community service, and reprimand by the Judge.  In cases of continuous non-compliance, a veteran may be removed from Veterans' Court.  The favorable terms of any plea agreement may revoked and a sentence given.

    Example

    A.R.S. § 26-168 extends the following protections to members of the National Guard or U.S. Armed Forces Reserves: 

    • Employers may not prohibit service members from taking a leave of absence from employment due to following competent orders. Competent orders are orders issued by the National Guard or any of the Armed Services to report to duty, training, or drills. 
    • Service member’s time on military leave may not impact an employee’s vacation rights. However, an employer is allowed to count the absences during military leave for calculating an employee’s eligibility for vacation time and pay. 
    • Members of the National Guard or the U.S. Armed Forces Reserves may not lose seniority while away. 
    • When service members return from military service, an employer should allow the employee to receive their previous role.  
    • Employers may also place returning service members in a role of higher status which they would have earned and be qualified for if it had not been for their military leave. 

    A.R.S. § 26-168 also addresses State Employees who are National Guard or U.S. Armed Forces Reserves: 

    • May take leave of absence from employment due to competent orders without losing seniority, pay, or efficiency rating.  
    • Their time during active duty should not be deducted from any vacation time they have earned. 
    • Should be given 15 days of paid military leave each year or 30 paid days within two years.  

    Prohibited practices under the A.R.S. § 26-168 include: 

    • Not allowing members of the National Guard or the U.S. Armed Forces Reserves from following competent orders, and 
    • Not allowing a service member return to the position they held before receiving a competent order. 

    A person who violates these protections may be guilty of a class 1 misdemeanor (A.R.S. § 26-168 (E)). These matters are held in Superior Court.

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    What happens to veterans who complete their program successfully?

    Upon successful completion of a Veterans' Court program, diversion eligible veterans may have their case dismissed. Veterans on probation may have their probation successfully terminated.

    Veterans in Veterans' Court can expect to be subjected to more frequent reviews by the court to monitor the veteran’s progress in their treatment programs.

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    Veterans making satisfactory progress may be recognized by the Court and offered words of encouragement.  

    Veterans not making satisfactory progress may expect words of encouragement of an entirely different nature and additional penalties may be given. 

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    Successful completion of the Veterans Court program will be marked by “graduation” from the program.