1. See, Tex. Government Code, sec. 124.001(a)(3).
2. See, Watkins v. State, 619 S.W.3d 265, 282 n.68 (Tex. Crim. App. 2021)(“The majority of criminal defendants are indigent[.]”)(citation omitted); Rodney Uphoff, Convicting the Innocent, Aberration or Systemic Problem? 2006 Wis. L. Rev. 739, 748 (2006)( “The vast majority of defendants in this country cannot afford to hire private counsel.”).
3. Gideon’s Promise Unfulfilled: The Need for Litigation Reform of Indigent Defense,113 Harv. L. Rev. 2062, 2063-65 (2000); See, also, Fifty Years of Defiance and Resistance After Gideon v. Wainwright, 122 Yale L. J. 2150, 2152-53 (2013); The Problem of Adequate Representation of Indigent and Other Defendants in Criminal Cases, 36 F.R.D. 129 (1964).
4. Erin V. Everett, Salvation Lies Within: Why the Mississippi Supreme Can and Should Step In to Solve Mississippi’s Indigent Defense Crisis, 74 Miss. L. J. 213, 222 (2004).
5. Esther Nir & Siyu Liu, Defending Constitutional Rights in Imbalanced Courtrooms, 111 J. Crim. L. & Criminology, 501, 507-08 (2001).
6. Keith A. Findley, et al., Plea Bargaining in the Shadow of a Retrial: Bargaining Away Innocence, 2022 Wis. L. Rev. 533, 550 (2022).
7. Robert E. Toone, The Absence of Agency in Indigent Defense, 52 Am. Crim. L. Rev. 25, 36 (2015). Notably, in conflict with the indigent defendant’s loss of control over his defense due to an absence of agency in the attorney-client relationship, is the constitutional recognition that court-appointed counsel is an “assistant,” and not the “master” over the defendant’s case. Faretta v. California, 422 U.S. 806, 820 (1975). However, “[i]t is true that when a defendant chooses to have a lawyer manage and present his case, law and tradition may allocate to the counsel the power to make binding decisions of trial strategy in many areas.” Id.
8. Barry L. Levin, In Defense of the Vietnam Veteran with Post-Traumatic Stress Disorder, 46 Am. Jur. Trials, 441, § 41 (2023 Update)(originally published in 1993).
9. Miriam S. Goharo, In Defense of the Injured: How Trauma-Informed Criminal Defense Can Reform Sentencing, 45 Am. J. Crim. L. 1, 33 (2018).
10. The State of Texas v. Steven Coke, Case Nos. 1533556 & 1637319; In the 297thCriminal District Court, Tarrant County, Texas.
11. Toone, The Absence of Agency in Indigent Defense, supra., at 36.
12. John Furman Wall, IV, The Veterans Treatment Court Program Act: South Carolina’s Opportunity to Provide Services for Those Who Have Served, 65 S.C. L. Rev. 879, 888 (2014).
13. See, Tex. Disciplinary Rules of Professional Conduct, Rule 1.01(b) (2023).
14. Julie Marie Baldwin, Investigating the Programmatic Attack: A National Survey of Veterans Treatment Courts, 105 J. Crim. L. & Criminology, 705, 722 (2015).
15. Judge Robert T. Russell, Veterans Treatment Court: A Proactive Approach, 35 New Eng. J. on Crim. & Civ. Confinement,357, 364 (2009).
16. See, Tex. Government Code, §124.001(a)(4).
17. “Early identification of veterans entering the criminal justice system is an integral part of the process of placement in the [VTC] program. An arrest can be a traumatic event in a person's life. It creates an immediate crisis and can compel recognition of inappropriate behavior into the open, making denial for the need of treatment difficult for the veteran.” Russell, Veterans Treatment Court: A Proactive Approach, supra., at 365-66. Accord, Judge Kevin S. Burke, Just What Made Drug Courts Successful? 36 New Eng. J. on Crim. & Civ. Confinement, 39, 43 (2010)(“Action taken promptly after arrest is designed to take advantage of the shock of arrest felt by the defendant and to increase public confidence in the system.”; Kyung M. Lee, Reinventing Gideon v. Wainwright: Holistic Defenders, Indigent and the Right to Counsel, 31 Am. J. Crim. L. 369, 396 (2004); LeRoy L. Kondo, Advocacy of the Establishment of Mental Health Specialty Courts in the Provision of Therapeutic Justice for Mentally Ill Offenders, 28 Am. J. Crim. L. 255, 299 (2001)(recognizing early identification of mentally ill defendants as a key factor associated with successful mental health diversion programs); and, Pretrial Diversion from the Criminal Process, 83 Yale L. J. 827, 827 n.1 (1974).
18. Baldwin, Investigating the Programmatic Attack: A National Survey of Veterans Treatment Courts, supra., at 734.
19. Tex. Government Code, § 511.009(a)(17)(A).
20. An “essential characteristic” of the VTC program is the “integration of services in the processing of cases in the judicial system.” Tex. Government Code, §124.001(a)(1). While it is uncertain to what extent, if any, the program utilizes the VRSS or system, the stated goals in the Tarrant County VTC program brochure, “to find JIVs, assess their needs, [and] offer assistance[.]”
21. According to the Tarrant County VTC program brochure, access to the program includes referrals “from a variety of sources, including law enforcement, jail staff, judges, defense attorneys, prosecutors, mental health professionals, family, and friends.” (emphasis added).
22. For a comprehensive reading on therapeutic justice, see, Advocacy of the Establishment of Mental Health Specialty Courts, supra., at 261-62. Notably, “even though VTCs use ‘therapeutic justice’ approaches very similar to the problem-solving counterparts, the early data suggests VTCs work better.” Eric Merriam, Non-Uniform Justice: An Equal Protection Analysis of Veterans Treatment Courts’ Exclusionary Qualification Requirements, 84 Miss. L. J. 685, 733 (2015).
23. Russell, Veterans Treatment Court: A Proactive Approach, supra., at 363. “The uniqueness of veterans’ needs are said to derive from the impact of military service, in particular the traumatic and potentially criminogenic impact of combat. […] This trauma, in turn, imposes ‘costs,’ including substance addition, mental illness, homelessness, and unemployment, which then leads to criminal behavior.” Erin R. Collins, Status Courts, 105 Geo. L. J. 1481, 1492, 1500-01 (2017).