It was the best of times, it was the worst of times, it was the age of wisdom, it was the age of foolishness, it was the epoch of belief, it was the epoch of incredulity, it was the season of light, it was the season of darkness, it was the spring of hope, it was the winter of despair.
Charles Dickens’s words ring true today as I contemplate the health and well-being of our community, particularly in regard to record numbers who struggle with the disease of addiction. And while it can feel like the winter of despair, one sign of hope can be found in the good work of our therapeutic courts here in King County Superior Court.
Never before has the need for care and support been greater. Adult Drug Diversion Court and Family Treatment Court are two of King County’s therapeutic courts that strive to meet this need and provide hope for hundreds of individuals and families who are our neighbors, relatives, and friends. I have had the opportunity and privilege to serve as a judge in both of these courts, to be a fair witness to hundreds of individuals who demonstrated incredible strength and determination to overcome a very powerful force — the disease of addiction. To provide some context, let me share a little about each of these courts.
Adult Drug Diversion Court is designed to address the needs of people charged with felony drug-related crimes and behaviors that have harmed others in the community, and to support success for people with the most significant challenges. Similarly, Family Treatment Court addresses the needs of families where children have been removed from parents who need drug and alcohol treatment and individual services to support safe and healthy reunification. Both therapeutic courts provide structure and accountability, supporting participants with opportunities for healing, empowerment, and life transformation. Participants in both programs come under the court’s supervision and are required to attend treatment sessions, undergo random urinalysis, and appear before the judge on a regular basis. If participants meet all the requirements, they graduate from the program and their charges are dismissed (Adult Drug Diversion Court) or their family is safely reunified (Family Treatment Court). While Adult Drug Diversion Court is a minimum 10-month program, the average graduate requires 18 months to complete it. In FTC, it is expected that parents will remain in the program between 12 months and two years.
Both Adult Drug Diversion Court and Family Treatment Court integrate substance abuse treatment and increased accountability into the process. In both courts, each participant or family has a team which reviews participation and recommends services. This interdisciplinary team is cross-trained and works collaboratively to resolve issues. All team members, which include judges, understand addiction as a disease and consistently demonstrate compassion for those struggling with that disease. This is the approach that ensures positive outcomes. Having served as a judge in both Family Treatment Court and Adult Drug Diversion Court, I am convinced that the success of these therapeutic courts is attributable in great part to the commitment of a non-adversarial, collaborative team approach, with compassionate and trauma-aware accountability. I have been amazed and grateful for the team members and staff who work tirelessly to support participants and maintain an abiding belief in their ability to succeed. The collaborative nature of the model brings together experts from several professional disciplines to share their knowledge and observations with the judge, thus enabling the judge to make informed decisions. King County’s Adult Drug Diversion Court and Family Treatment Court have been nationally acknowledged for best practices and as mentor courts.
Do these courts work? Yes. Studies across our nation show an overall success reducing substance abuse and crime. It’s not surprising that these programs, being rooted in decades of research on best practices, have graduates who entered treatment faster, stayed in treatment longer, and were more successful in treatment than non-participants with similar demographic characteristics. At the 36-month follow-up, 81% of participants in Adult Drug Diversion Court have no new felonies. Children of FTC parents are 70% more likely to be returned home compared to similar children in regular dependency. Outcomes for families of color in FTC are better in each category (treatment access, treatment outcomes, and dependency case outcomes) compared to families of color who went through regular dependency. For Adult Drug Diversion Court, about 40% of participants are parents of minor children. These programs clearly have an impact on more than one generation by reducing parental incarceration and substance use that lead to adverse childhood experiences. With the structure and support of theses therapeutic court programs, participants are able to make remarkable life changes in a short time — for example, moving from homelessness to permanent housing and obtaining gainful employment by the program’s end.
In his recent State of the Judiciary address, Chief Justice Steven González acknowledged the contributions of therapeutic courts in reducing recidivism, improving community safety, and helping participants make life-altering, positive changes. When participants succeed, the whole community is well-served. Both courts offer resources to remove barriers to accessing court and treatment by providing tangible services such as transitional housing, transportation assistance, and mobile phones for telehealth and virtual court. The technology made available during the pandemic provided additional tools to continue removing barriers to access. Court hearings are now hybrid: Participants who are early in the program and those who are struggling appear in person to increase connection, engagement, and accountability. Those who are in compliance and in the final phases of the program can choose to attend virtually to reduce commute times, work disruption, and childcare conflicts.
When people come into Adult Drug Diversion Court or FTC, the initial motivation might be the chance of having criminal charges dismissed or their families reunited. The motivation that evolves includes sobriety and learning how to be fully present, aware, and feeling healthy in their lives. Participants learn how to show up for themselves, and then they can show up for others — like their children and family members. It’s analogous to the idea of placing the oxygen mask on your own face first when cabin pressure suddenly drops in an airplane so you can then assist the person next to you.
Therapeutic courts help participants re-tool norms of conduct which are then reinforced by a new, healthy, and positive community. There’s no shaming or admonitions — as many individuals have already experienced those responses from family members. Instead, participants receive acknowledgement, praise, affirmation, and tangible and intangible rewards. Participants have to be willing to do the hard work. And they must be willing to trust their team and the program. They must learn to set aside that initial reaction or response to run away with distrust and fear. They are called to step forward and be present even in the midst of their challenges to maintain sobriety. This call is made in a trauma-informed manner; expectations are transparent, progress is monitored, and consistent and predictable consequences are provided if requirements are not met. Knowing there will be accountability around program expectations helps participants stay on track and stop using. These courts also work to create physical and psychological safety — recognizing and praising effort, honesty, and progress and helping participants obtain housing and meet other basic needs. Increasingly, therapeutic courts utilize peers (trained individuals with lived experience with recovery) to help engage participants and support them to successful graduation. By acknowledging the reality that so many have experienced trauma, there’s an opportunity to understand the individual and really appreciate the humanity of their suffering.
It all plays out in the courtroom, where it’s anything but business as usual. There, the judge provides strong leadership and creativity to craft novel solutions while ensuring public safety. I have learned that participants perceive the quality of their interactions with the judge to be among the most influential factors for success in the program. I have found that being more respectful, fair, attentive, enthusiastic, consistent, and caring in my interaction in court makes a difference. It is hard work from the bench to focus on a meaningful connection with each participant — not to lead, but to accompany each person along their transformation into sobriety. Living in recovery with greater self-esteem enables each person to create a positive, healthy, productive life.
My experience as a therapeutic court judge has changed how I see people in the community. I have much more compassion as a result of having a greater understanding and acknowledgement about the battles which individuals are facing in addiction, the pain of being on the street, and the isolation from family and friends. My experience has made me a better judge in all types of proceedings because I can appreciate that every person who comes before me has an important life story. I have an opportunity to demonstrate compassion while at the same time holding people accountable.
To see participants transform on a daily basis provides everyone involved with greater satisfaction and optimism. For so many, these therapeutic courts indeed offer the best of times, the season of light, and the spring of hope.
Judge Berns joined the King County Superior Court Bench in January 2013 after 20 years in legal practice. She has held several leadership roles on the Court and is a frequent presenter for local and national judicial educational programs. In June, Judge Berns will begin a six-year term on the Board of Directors for the National Association of Drug Court Professionals.
