Plenty of written materials exist on the benefits of problem- solving courts and, particularly, veterans treatment courts. The existence of those courts has, at the very least, demonstrated that legal professionals are attuned to the needs of veterans involved in the criminal justice system. And certainly, research conducted by several organizations suggests that specialty courts, when established and structured to follow evidence-based best practices, will reduce recidivism in their participants, save taxpayer dollars, and protect public safety. But even as the greater good is ostensibly being served, the ends cannot justify the means. The safeguards established by both state and federal constitutions require that, even in something as wholesome and valuable as a veterans treatment court, concerns of due process be effectively addressed.
This article begins with a brief synopsis of veterans treatment courts. Then, Part III discusses the history, components, and practice standards of veterans treatment courts. Part IV outlines the construct of the veterans treatment courts in the Second and Fourth Districts of Minnesota. Turning to the central issue, Part V discusses the due process concerns that exist in veterans treatment courts in Minnesota; specifically, this article will identify and discuss how veterans treatment courts in the Second and Fourth Districts of Minnesota are addressing the requirements of due process. With an understanding of the issue, this article then turns to recommendation; Part VI will make recommendations that, while unsavory for certain courtroom practitioners, will nevertheless address the concerns specifically enumerated under the Fifth and Fourteenth Amendments of the U.S. Constitution. While this article focuses on the issues identified in Minnesota’s veterans treatment courts, it certainly has implications beyond Minnesota. Even as each treatment court is somewhat different in organization and procedure, each treatment court has similar due process challenges. Accordingly, this article implicates all veterans treatment courts and problem-solving courts generally.