CLARK COUNTY BAR ASSOCIATION500 W. 8th Street, Suite 65Vancouver, WA 98660

ccbawashington.comJUNE 2010

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CUTTING EDGEJUSTICE:

District Court’s TherapeuticSpecialty Courts (TSC)

use alternative sentencesto rehabilitate offenders.

page 4

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“Lock em up and throw away the key” has historically definedthe criminal justice system’s response to repeat minor offenders.Sentences have typically consisted of jail, community service,probation, restitution and fines, or a combination of these. Butthe cost of incarceration, lack of jail space, understaffed proba-tion departments, underfunded mental health facilities andperhaps a more advanced sense of what works, have renderedthese traditional sentences ineffective for many low-level offend-ers. Perhaps because the criminal justice system is not fullyequipped on its own to address them, courts have partneredwith public/private social and mental health entities to confrontthe root causes of criminal behavior.

So over the past 10 years, the Clark County District Court hasoffered defendants, who suffer from a wide variety of mental dis-orders or drug addictions/dependence, alternatives to thetraditional jail and probation sentences. Dubbed TherapeuticSpecialty Courts (TSC), District Court has three separate spe-cialized courts/programs: the Substance Abuse Court (SAC),Domestic Violence Therapeutic Court (DVTC) and the MentalHealth Court (MHC). By tapping into community resourcesand using a multidisciplinary team approach, each of thesecourts provide evaluation, treatment, monitoring and incentivesto offenders that wish to avoid jail, and perhaps better their lives.

Do they work? Yes. In addition to reducing the number of trials andthe cost to jail or supervise offenders, these programs strive to reducerecidivism, and perhaps save or at least improve a few lives. And notjust the lives of the offenders, but those affected by criminal behavior.

SUBSTANCE ABUSE COURTIn its 10th year, the SAC provides a twelve month, three-phasedstructured program that permits offenders to avoid a jail sen-tence if they successfully complete the program. The presidingJudge, newly appointed Kelly Osler, actively monitors the pro-gram through frequent court appearances and a graduatedsystem of incentives and sanctions designed to assist theoffender to make better decisions as they try to overcome theiraddiction or drug dependence. A team of substance abuse treat-ment agencies, probation officers, law enforcement and thecourt coordinator help Judge Osler administer the program. Inaddition to avoiding a jail sentence, the successful offender ishonored at a graduation open to the public.

MENTAL HEALTH COURT No, sorry, this is not for burned out attorneys to get somerelief—Man I wish. Instead, the MHC, which started in April,

2000, allows those diagnosed with a serious mental health disorder (i.e. Schizophrenia, Psychotic Disorders, or BipolarDisorder) to enter a treatment program to avoid jail and fines.While in the program, these offenders are eligible to receivehousing assistance, inpatient or outpatient treatment and med-ication monitoring. In just over 10 years, presiding Judge Darvin Zimmerman has seen over 400 people graduate. Likethe Substance Abuse Court, successful candidates are honoredat a graduation ceremony. For many, public acknowledgment oftheir success leaves a lasting and encouraging impression on theoffender.

DOMESTIC VIOLENCE THERAPEUTIC COURT (DVTC)Started in 2008, DVTC is the newest of the therapeuticcourts. Under presiding Judge James Swanger, this court pro-vides an option for those “nonviolent” domestic violentoffenders suffering from a substance abuse or “co-occurringdisorder”. The offender must, over the course of a 15 monthcourt monitored period, complete a domestic violence perpe-trator treatment program and a substance abuse program.Instead of being punitive, the goal is to repair the dysfunctionso that the family unit can be restored and the cycle of domes-tic violence curbed.

Do these specialized courts work? Judge Zimmerman surebelieves so. He beams when he talks about those who havesuccessfully completed the program and go on to live produc-tive lives. For example, Judge Zimmerman refers to oneoffender who, after completing the program, became a success-ful businessman. “The gentleman believed so strongly in whatwe were doing that he volunteered his office to provide sup-port groups.” Judge Zimmerman also notes that for many,“successfully graduating from a program provided them a newlease on life. Not only does the offender avoid jail, they havelearned how to cope with their underlying problems, and how

PRESIDENT’S MESSAGE Continued from page 3

We all know how much injustice there is in the world. We’ve allwitnessed wrongdoing and deceit and ugliness of all kinds. This is our chance to bring a little light back into our lives - todemonstrate that our legal community has compassion and akeen sense of justice and equality. Let’s join together and makethis one small thing right! Who’s with me?!

HEARSAY - JUNE 2010 174 CLARK COUNTY BAR ASSOCIATION

CUTTING EDGE JUSTICE:District Court’s Therapeutic Specialty Courts (TSC)use alternative sentences to rehabilitate offenders. BRADLEY ANDERSENHearsay Special Correspondent

ATTORNEY BOOKKEEPING TIPS

Washington State Department of Revenue Tax Changes

For law firms, the Washington State Department of RevenueB&O (Business & Occupation) tax will temporarily increase .3%bringing the rate to 1.8%.  The rate increase is effective from May1, 2010, through July 1, 2013.

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For more information, go to www.dor.wa.gov

LAW LIBRARY NEWS

Did you know that the State has a variety of legal commissions?Check out their main page at http://www.courts.wa.gov/pro-grams_orgs/index.cfmThis web page lists a variety of commissions, boards, and com-mittees that you may be interested in learning more about. Youcan click on any link for more information, and many of themhave a list or newsletter that you can sign up for.

FOR SALE Through JUNE 2010

The law library is taking blind bids on the following item:Defending Drinking Drivers, 2 volume looseleaf with CD Rom.Give your bid to the law librarian through the end of JUNE. Bidsmust indicate your name, phone number, amount, and item(s)on which you are bidding. Winners will be notified in early July.We reserve the right to withdraw an item from bidding.Thanks! MariaMaria SosnowskiClark County Law LibraryPO Box 5000Vancouver WA 98666360-397-2268

EMANUELA SANDRIAttorney Bookkeeping Services, Inc.

MARIA SOSNOWSKILaw Librarian

LEGALLY DRAWNReproduced with permission. For more cartoons and information, go to http://www.legallydrawn.com.

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HEARSAY - JUNE 2010 516 CLARK COUNTY BAR ASSOCIATION

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to tap into community resources.” And as one who has beenaround a while, Judge Zimmerman added “while nothing isguaranteed to work every time, our specialty courts haveproven to reduce the number of repeat offenders and toenhance lives, thereby improving the quality of our commu-nity. They work.”

For more information about the TSCs, contact the DistrictCourt Coordinator Shauna MCCloskey at 360 397 2431, or askfor a copy of the Clark County’s 2009 Year End SummaryReport for the TSPs

Substance Abuse/DUI Court        Judge Osler presiding                    Every Tuesday at 10:30am and 2:00pm docketsPresently a total of 65 clients (some are out on warrant status) Graduated a total of 89 clients since inception12 month minimum program (participants complete ChemicalDependency treatment)(started SAC in 1999 and just recently added a DUI Court trackin Oct. 2009 with help from a grant by the Washington TrafficSafety Commission)Clients pay a program fee of $400

Domestic Violence Therapeutic Court(started DVTC in 2008)Judge Swanger presidingEvery Monday at 2:00pm docketPresently a total of 29 clients

Graduated 4 clients15 month minimum program (participants complete bothChemical Dependency treatment and Domestic Violence Perpe-trator Treatment)Clients pay a program fee of $400

Mental Health Court (started in April 2000 and just hit 10 years

—Article in The Columbian on Sunday April 4th)Judge Zimmerman presidingEvery Wednesday at 10:00 am for docketPresently a total of 30 clientsGraduated a grand total of 388 clients12-16 month minimum program (participants complete mentalhealth and/or co-occurring treatment)Starting this year, clients will pay a $75 program fee

Judge Zimmerman

Susan Arney, Executive DirectorSusan DePasquale, Program CoordinatorAdministrative: 360-823-0423 E-mail: susana@ccbavlp.com

Statistics for April include 53 clients seen in advice clinics, 22 inFamily Law, 16 in Family Law paperwork review clinic, 10 in theDV clinic, and 10 in General Law. We placed 1 case with an attor-ney for direct representation. There were 128 hours of volunteerattorney time donated

The Housing Justice Project, a pilot program this year, is up andrunning. The program is specifically for low income tenants whoare being evicted. We are offering legal advice and mediation. Themediation is through a partnership with Community MediationServices. There is an advice clinic on Thursday morning and wehave staff and volunteer attorneys in the courthouse on Fridaymorning for the unlawful detainer docket.

We are still experiencing some growing pains, but for the mostpart we are seeing successes. We try to give the tenant legal adviceso they can adequately represent themselves in court. In somecases, the volunteer attorney will put in a limited appearance. Ifwe can, we offer mediation to help the landlord and tenant tocome to a mutually satisfactory solution. We are trying to save thecourt the time of dealing with uninformed tenants, give the ten-ants equal access to justice and help prevent the tenants frombecoming homeless by working with the landlord and offeringreferrals to agencies that help find affordable housing.

The court and the landlord attorneys have been very supportive sofar and have helped us with our growing pains. We appreciatetheir understanding. We need volunteer attorneys for Thursdayand Friday mornings. We have experienced attorneys to train you.If you are interested, please call Susan DePasquale at 823-0423.

Thanks, Susan

MANY THANKS TO ALL THE ATTORNEYS AND PARALEGALS WHO STAFFED THE ADVICE CLINICS,

HOMELESS CLINICS, PROVIDED REPRESENTATION,AND VOLUNTEERED IN THE HOMELESS COURT IN

THE MONTH OF APRILDavid Feeney, Peter Fels, Martha Finn, Phil Foster, Dee Grubbs,

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Collin McKean, Brian Parker, Nancy Retsinas, Robert Russell,Mark Sampath, Scott Staples, Susan Stauffer, Ryan Taroski,

Bill Thayer, Anna Waendelin, Jean Waller.

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