THE OKLAHOMA BAR JOURNAL 44 | MARCH 2026 Veterans Treatment Court Leave No Veteran Behind “NO PERSON LEFT BEHIND” is a common theme for individuals serving in the U.S. armed forces. Yet when veterans find themselves entangled in the criminal justice system because of criminal charges, they find themselves in a system that is more than willing to leave them behind. Fortunately, alternative court programs are designed to keep veterans from being left behind. Alternative courts can be traced back to the opening of the first drug court in 1989 in Dade County, Florida.1 Alternative courts are designed to deliver justice within the criminal court system in innovative and new ways. Also known as “problem-solving courts,” alternative courts are established with the goal of improving the outcomes courts can achieve for victims, litigants and communities through treatment instead of incarceration.2 Collateral benefits are seen in families being reunited, criminal offenders being gainfully employed and, ultimately, the courts reducing prison populations, saving millions of tax dollars. Incarceration of veterans became an epidemic following the wars in Iraq and Afghanistan and the global war on terror.3 Predictably, these extended wars have produced a significant percentage of veterans with serious mental health and/ or substance abuse issues. Service members who served their country on multiple deployments received little support upon return. Many of these veterans are now appearing in our state’s criminal courts, charged with offenses tied, in one way or another, to those service- connected issues. Approximately 30% of veterans returning home from combat suffer from “invisible wounds,” which are injuries that often go unrecognized and unacknowledged.4 These injuries include post-traumatic stress disorder, traumatic brain injury, military sexual trauma, anxiety and major depression. Of those suffering, fewer than half seek treatment. These veterans are more prone to destructive actions that bring them into conflict with the law. The most recent data from the Department of Veterans Affairs shows that each day, approximately 18 veterans die by suicide.5 Those working in traditional drug courts found that many of the veterans they were seeing in their programs were not succeeding. Rather than leave these veterans behind, an alternative court program particularized to veterans’ issues was born in Buffalo, New York. Tulsa County was at the forefront of this solution in Oklahoma, establishing the third veterans treatment court (VTC) in the United States.6 The first Tulsa County docket was called on Dec. 7, 2008.7 In Tulsa County, potential VTC veterans are identified by an assistant district attorney, assistant public defender or the court. Tulsa County accepts felonies and misdemeanors into its program. Once identified, the veteran voluntarily enters VTC by pleading guilty to the charges and then participating in a post-plea/presentencing program. Upon completion of five phases, the assistant district attorney often recommends total expungement of the veteran’s criminal record or a short, deferred sentence that allows for expungement after the deferred period expires. Treatment is a key element to participation in VTC. Treatment is provided by the VA or a community provider, which is often determined by the discharge type. Tulsa County accepts any military discharge type and has served active duty and reserve personnel from the Army, Navy, Marine Corps, Air Force, Coast Guard and the Oklahoma National Guard. The importance of community safety is reflected by the requirement for veteran participants to report to a dedicated supervision officer and have random home By Judge Rebecca Brett Nightingale Statements or opinions expressed in the Oklahoma Bar Journal are those of the authors and do not necessarily reflect those of the Oklahoma Bar Association, its officers, Board of Governors, Board of Editors or staff.
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