What is Veterans Court?

Some courts offer a program available to veterans called veterans court. The concept is that veterans may have had experiences or life situations that contributed in some way to the charge(s) filed against them. Veterans court seeks to address any underlying issues, such as medical conditions, unemployment, lack of education, homelessness, mental health or substance abuse. Veterans’ court can also expedite access to veteran-specific resources.

In our opinion, veterans court seems to be geared more towards rehabilitation and reducing recidivism, rather than simply punishing the defendant for committing a crime. In many cases, there is a better opportunity to avoid the criminal charge through a diversion program in veterans court than in standard court.

If a defendant goes to veterans court, the defendant will be participating in some sort of educational program, counseling, or in some cases even inpatient treatment is possible.

Who Is Eligible for Veterans Court?

Individuals who are on active duty or who have served in the military, regardless of discharge, are eligible to participate in veterans’ court. If a defendant was dishonorably discharged or is otherwise ineligible for services through the Veteran’s Affairs, the defendant would have to pay out of pocket for any classes, counseling or treatment.

Depending on the specific facts of a case and the defendant’s criminal history, the prosecutor can prevent a defendant from participating in veterans’ court.

What Courts Offer a Veterans’ Court?

Several courts in Maricopa County have their own veterans’ courts:

• Phoenix Municipal Court Veterans Court
• Mesa Municipal Court
• Maricopa County Superior Court (limited to probation)
• Glendale Municipal Court (New for 2021)
• Maricopa County Justice Courts (New for 2021)

Others participate in the East Valley Regional Veterans’ Court, which operates out of the Tempe Municipal Court:

• Chandler Municipal Court
• Carefree – Cave Creek Consolidated Court
• Fountain Hills Municipal Court
• Gilbert Municipal Court
• Paradise Valley Municipal Court
• Scottsdale City Court
• Tempe Municipal Court

There are also some veterans’ courts outside of Maricopa County:

• Bullhead City Municipal Court Veterans Court
• Coconino County Superior Court Veterans Court
• Kingman Municipal Court Veterans Court
• Lake Havasu City Consolidated Court
• Pima County Justice Court Veterans Court
• Tucson Municipal and Regional Municipalities Veterans’ Court

What Should I Expect In Veterans Court?

The Process

Veterans court is a non-litigation court. This means a defendant is not going to be conducting discovery, interviewing cops, or reviewing on-body camera video. Veterans court is a therapeutic court. The idea is that there is some underlying issue that contributed to the defendant committing a crime. The goal of veterans court is to identify and treat that underlying issue. 

Typically the defendant will participate in a screening through the Veterans Affairs, or an alternative if the defendant is not eligible for VA benefits. Then, based on what the screening indicates, the defendant may be asked to participate in some sort of treatment program.

It usually takes much longer to complete a case in veterans court than it does in regular court. It can take a year or more, whereas a case in regular court will usually take 3-6 months. 

The Outcome

By particpating in veterans court, a defendant will almost always get a vastly improved outcome over what would have been available in regular court. How much of an improvement is available will vary depending on the charge and the particular veterans court. For example, it may be possible to eventually get a criminal speeding charge dismissed in some veterans courts. On the other hand, it is unlikely to get something like a DUI dismissed, although the defendant will almost certainly be offered a significally reduced charge.