Summer 2025 Gavel | Page 20

25 Years of Problem-Solving Courts in North Dakota

By Kimberlee Hegvik and Nicholas Samuelson
The History of Problem-Solving Courts
In the late 1980s, as the American criminal justice system grappled with soaring incarceration rates fueled by the crack cocaine epidemic, a new idea took root in a Florida courtroom: what if courts could address the underlying causes of addiction rather than simply punish its consequences? The first drug court was established in Miami-Dade County in 1989, offering nonviolent offenders a structured program of treatment, supervision, and accountability in lieu of traditional prosecution. This innovative model quickly gained national attention for its potential to reduce recidivism, save public resources, and restore lives. Over the past 35 years, drug and treatment courts have expanded across all 50 states, evolving into a movement that blends justice with compassion – and transforming communities in the process.
After learning about drug courts at a national judicial conference, retired North Dakota Supreme Court Justice Mary Maring pitched the idea of starting drug courts in North Dakota to then Chief Justice Gerald VandeWalle. With his approval, Justice Maring ran with the idea, pulling together a group of stakeholders from across the state to study the idea and select pilot sites. In May 2000, juvenile drug courts in the East Central and Northeast Central Judicial Districts opened their doors and welcomed their first participants. Bismarck followed in 2001 with the state’ s first adult drug court. Since then, problem-solving courts have spread throughout the state. Today, there are 14 problem-solving courts in North Dakota, including six juvenile treatment courts, 1 seven adult treatment courts, and one veterans treatment court. The 2025 North Dakota Legislative Assembly appropriated funds for the creation of a second veterans treatment court and the state’ s first mental health court to start in 2026.
A General Outline of the Program
In North Dakota, problem-solving courts are led by district court judges who volunteer their time without receiving a reduced caseload. Team members also include treatment professionals, probation officers, prosecutors, defense attorneys, and law enforcement representatives. Juvenile treatment court teams often include school representatives, and veterans treatment courts include specially trained peer mentors.
In North Dakota, problem-solving courts are post-adjudication and modeled after national best practice standards. They utilize a research-based approach to restore bright futures for their participants – helping them develop the skills they need to succeed. Participants attend treatment and recovery support groups, meet with their probation officers, and appear in court on a regular basis. They submit to randomized drug and alcohol testing and are expected to obtain or maintain regular employment and stable housing. Other successes include reunification with family, reinstatement of driving privileges, starting or returning to school to earn degrees or GEDs, and giving birth to drug-free babies. Treatment court graduation marks completion of an intensive program of comprehensive substance use disorder treatment, close supervision, and full accountability.
The North Dakota delegation at the 2025 All Rise Conference in Orlando represented juvenile, adult, and veterans treatment court professionals, including judges, prosecutors, defense attorneys, treatment providers, probation officers, and others.
Proven Results: Do Problem-Solving Courts Work?
After decades of operation, problem-solving courts have amassed a strong body of evidence supporting their effectiveness. Simply put, problem-solving courts are the most effective community-based intervention for those in the criminal justice system. One study showed an average return on investment at $ 3.36 for every $ 1 invested in problem-solving court programming when services are targeted at high-risk offenders. 2 According to All Rise( formerly the National Association of Drug Court Professionals), the national organization dedicated to problem-solving courts, taxpayers save an average of $ 6,000 per participant.
In North Dakota, successful graduation from an adult treatment court reduces two-year recidivism by 23 %. As of 2024, 1,181 men and women had graduated from the state’ s seven adult treatment courts, 399 juveniles had graduated from the state’ s six juvenile treatment courts, and four veterans had graduated from the state’ s veterans treatment court, which opened its doors in March 2023.
But problem-solving courts offer more than just cost-effective crime reduction. By connecting participants to treatment, employment support, housing services, and regular judicial oversight, these courts target the root causes of criminal behavior – substance use and instability – and offer a structured path toward long-term recovery.
A New Courtroom, Built by a Life Reclaimed
This fall, Cass County will begin using its newest criminal courtroom. The bid for the $ 1.2 million project was awarded to Grafstrom Construction, a commercial construction and commercial finish carpentry contracting business owned by Hans Grafstrom, a 2011 graduate of the East Central Judicial District Adult Drug Court.
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