Ho-Chunk Nation Judiciary installs a Drug Treatment Court
(Written by Marlon WhiteEagle – Staff Writer)
The Healing to Wellness Court is the Ho-Chunk Nation Judiciary’s newly installed Drug Treatment Court, which is designed to treat participants for alcohol and drug abuse instead of harsh jail and/or prison sentences for non-violent crimes. On December 28, 2011, Ho-Chunk Nation Interim Chief Judge Amanda Rockman joined Jackson County Circuit Court Judge Thomas Lister on the Jackson County Treatment Court in the first dual session. Jackson County has had its Treatment Court since 2008. The two courts have been working together since summer 2011.
The Ho-Chunk Nation Judiciary Act is currently out for 45 day Review with changes to provide for the Healing to Wellness Court. The proposed changes are as follows:
A Healing to Wellness Court consisting of a Treatment Team made up of a Trial Court Judge, a prosecutor, a public defender/advocate, a Treatment Team coordinator, a Researcher, a law enforcement official, a representative of the Legislature, a representative of probation, a representative of substance abuse treatment providers, a representative of Traditional Court, a representative of social services, a representative of compliance, and other members to be determined by the Judiciary and/or Treatment Team.
The Judiciary shall provide for the establishment, operation, and funding of the Nation’s Healing to Wellness Court to assist the Judiciary in providing alternatives to prosecution and incarceration for Tribal Member criminal offenders who abuse alcohol or other drugs. This program is based upon principles of restorative justice that takes into account the traditions, culture, and customs of the Nation.
According to the U.S. Drug Enforcement Administration, Drug Treatment Court first appeared in 1989 at Kings County (Brooklyn) New York. DEA Administrator Asa Hutchinson said, “Drug Treatment Alternative-to-Prison program demonstrates the tremendous success we can have helping addicts heal and in reducing the demand for drugs in this country. Under a system of accountability and compassion, this program is rebuilding lives and families and strengthening New York’s communities.”
The Healing to Wellness Court will have a judge hear each participant’s case from the beginning, traces progressions and lapses, order random drug testing, and monitor attendance to treatment sessions. Participants will be accountable to follow the clearly defined rules and chooses their own path to recovery. Failing to meet the minimum requirements set forth by the court will result in immediate sanctions. Treatment team members follow the National Drug Treatment Court policies, models, and trainings. Participants work their way through four phases and up to fifteen weeks in each phase. Depending on their adherence, participants can petition to advance through weeks or be held at weeks for an extended time.
The Healing to Wellness Court team is Judge Amanda Rockman, Margaret Falcon, Stephanie Lozano, Ruth Garvin, Roxanne Whitegull, Bill Gardner, Chief of Police Dan Libke, Caralee Murphy, and Nicole Homer. Rockman and Falcon are from the Tribal Court, Lozano and Garvin from Social Services, Whitegull and Gardner are serving as public defenders/advocates, Libke and Murphy are law enforcement, and Homer is the special prosecutor.
The Jackson County Treatment Court is Judge Thomas Lister, Captain Mike Ring, D.A. Gerald Fox, Bill Poss (Defense Attorney), Nick Lee (Counselor), Heidi Helm (Dept. of Corrections), Judy Luttio (Coordinator). At the first dual session, the Jackson County treatment team assured each participant in their court that “at least three clients are waiting in line to replace them” and “it’s a privilege to be in here (the treatment court).” During the session, each participant updates on their week and results of their assignment(s), followed by comments from the treatment team. Some participants were ordered to deal with health concerns, set goals, find an apartment, take a test, or make appointments. Participants keep a calendar and notebooks to stay organized and accountable for assignments.
Participants receive frank talks about their actions and issues. Jackson County D.A. Gerald Fox said, “if you go to prison, you won’t get meaningful treatment (for drugs and alcohol abuse).” Sanctions can be nights or weeks in jail, doubling meeting requirements, or various other tasks based on the offense. A graduate of the Kings County Drug Court, who earned her GED, driver’s license, and office manager training, said, “I thank you for giving me the tools I needed to learn how to live life on life’s terms. You taught me how to be a human being I never knew I was capable of being.”