The State Bar Association of North Dakota Fall 2014 Gavel Magazine | Page 22
JUDICIAL SYSTEM ORGANIZES STAND
DOWN COURT FOR VETERANS
“We recognize that unresolved legal issues
Doug Herman to act as a district judge
can be a real roadblock in improving the
to hear cases transferred from any North
lives of homeless vets,” said Sally Holewa,
Dakota county for the purposes of the
North Dakota’s state
special court session. Cass
court administrator.
Our veterans did County State’s Attorney
“They can affect a
Birch Burdick and his staff
their duty when
veteran’s ability to obtain
developed transfer forms
a valid driver’s license,
so that veterans with legal
they were called
housing, employment,
problems in other counties
to service and they could easily transfer these
public assistance and
access to treatment. Our
deserve our service cases to Cass County for the
veterans did their duty
stand down court session.
now when they are
when they were called to
service and they deserve
Fargo Municipal Judge Steve
most in need of
our service now when
Dawson agreed to preside
help.
they are most in need of
over any Fargo city cases
help.”
and municipal and district
court staff worked to set up court rooms at
Clanci Barnhardt, Veterans Justice Outreach
the Cass County Courthouse for both the
Coordinator for the Fargo VA, invited the
district and municipal courts. Additionally,
court system to participate in this year’s
West Fargo Municipal Judge Susan Bailey
stand down event, said deputy state court
scheduled time at the West Fargo Municipal
administrator Scott Johnson.
Court to preside over cases from her
jurisdiction.
Holewa, joined by Chief Justice Gerald
VandeWalle, evaluated the request and
Monty Mertz, the Supervising Attorney at
directed Johnson to see what steps the
the Fargo Public Defender Office, recruited
courts needed to take to get involved
private practice defense attorneys to
with the stand down. Johnson organized
volunteer to represent veterans at the stand
a meeting with representatives from the
down court. At least six volunteer defense
Department of Veteran’s Affairs, the ECJD,
attorneys were on hand, ready to represent
Fargo Municipal Court, Fargo Moorhead
veterans, when the stand down court went
prosecutors and defense bar, and Cass
into session on the afternoon of Oct. 15.
County court staff.
Despite all the planning, Johnson admitted
Working together, the groups formulated a
that he and the rest of people involved in
plan to have the VA identify veterans with
setting up the special session did not know
possible legal problems at the stand down
what to expect from the stand down court.
event and to transport those veterans to a
special court session at the Cass County
Ultimately, two veterans with outstanding
Courthouse. Chief Justice VandeWalle
cases in Fargo municipal court participated
issued an order that allowed ECJD Judge
in the special court session. With Judge
“
MIKE HAGBURG
Attorney at Law
On Oct. 15, Cass/Clay Project
Community Connect and the Fargo VA
Healthcare system presented a veterans
stand down event at the Fargodome.
For the first time, the North Dakota
judicial system participated in the event
by offering a special court session to assist
veterans with resolving some criminal
matters.
Stand downs have been spreading across
the country since the first one was held
in San Diego in 1988. In wartime, a
military unit “stands down” when it is
removed from the front lines to a place of
safety. Stand down events for veterans are
designed to provide a safe and convenient
place for veterans, especially homeless
veterans, to connect with service providers
in the community.
Court systems have been becoming
increasingly involved in stand down events
because veterans often face legal problems.
22
THE GAVEL
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