Democratic View: ‘Nothing short of miraculous’ – How treatment courts work

Many of the judicial duties assigned to me over the past nine-plus years have been rewarding. None have been as personally rewarding as presiding over our treatment courts. As a practicing attorney for 24 years, most of my criminal cases involved clients who suffered from a diagnosable disorder, most commonly substance use. My experience as a judge has been similar. A variety of other mental health disorders are also commonplace, often in conjunction with a substance use disorder.

Until this year I presided exclusively over the Ithaca Community Treatment Court (ICTC), which handled misdemeanors within Ithaca City Court. Starting this year, ICTC has been combined with the felony drug treatment court operating out of Tompkins County Court. I was assigned to preside over the new combined court.

The main purpose of these courts is to provide treatment to court-involved addicts/alcoholics, thereby decreasing repeat offenses and promoting community wellness and safety. The most unequivocal lesson I have learned about these treatment courts is that they work.

I was a believer in treatment courts as a lawyer, when I saw them work wonders for my clients. I never understood the nuances of how they worked until I had the privilege of presiding over one. The process is quite remarkable.

A participant’s first step is to express a desire to get help. They then have a heart-to-heart conversation with their defense attorney about whether to seek treatment court. If they decide to go that route, they undergo a clinical drug and alcohol evaluation. A diagnosed substance use disorder is a prerequisite for acceptance in the program.

Next, the candidate is interviewed by members of their team, including the assigned probation officer and the treatment court coordinator. Then the entire treatment team, comprising mental health and substance use counselors, probation officers, defense attorneys and prosecutors, makes a recommendation. The Court makes the final decision.

I have never declined to accept a recommended candidate, but I have accepted some who were thought unfit. In one such instance, the person turned their life around and will soon graduate from the program.

A key component of treatment is frequent but random drug testing. Each participant is assigned a color and must call a recorded message every weekday morning to see if their color has been “called”. If it is, they must promptly report to the screening location for testing. This serves two functions: It exposes continued use, and it also gets them up in the morning!

All participants have therapists specializing in substance use disorders. The typical treatment protocol includes one individual session and two group sessions each week. A staff doctor can prescribe medically assisted treatment (MAT) as needed. Mental health evaluations are conducted by Tompkins Whole Health, formerly Tompkins County Mental Health.

Participants report to the courtroom once every two weeks. The treatment team meets that morning to go over every case. Proceedings are conducted in open court on Tuesday afternoons. Individual cases range from heartwarming to heartbreaking. If you have never seen a treatment court in action, please feel free to join us!

During off weeks, the only participants required to report are those in need of extra attention. Those proceedings often lead to sanctions, ranging from an admonishment from the bench, to an essay, to community service, to between one and five jail days.  Sanctions are usually proposed by probation or the prosecutor, discussed during team meetings, then imposed in open court.

Jail sanctions aren’t assigned lightly. The most troublesome aggravating factor is dishonesty. We emphasize addiction as a medical issue, not a moral shortcoming. I constantly remind participants that they are not bad people trying to become good; they are unwell people trying to get better. Lying to your treatment provider about drug or alcohol use is like lying to your doctor about your diabetes symptoms. It only slows your progress.

The ultimate treatment court experience is graduation. Participants are required to achieve five milestones, including prolonged periods of total abstinence, appropriate housing, completion of counseling, employed or in school and having a primary care doctor, and even a dentist! Those who graduate tend to become useful and productive members of society.

Some of the transformations we see—from unhoused addicts with lengthy histories of active addiction and crime to fully housed, employed, sober, law-abiding citizens—are nothing short of miraculous. Feel free to stop by anytime and experience the power of recovery through restorative justice!

Rick Wallace first ran for Ithaca City Court judge in 2013, and was appointed Acting County Court Judge, presiding over misdemeanor and felony cases, soon after he was elected. Wallace, a Democrat, is running for re-election this year.