In the last article, we mentioned the use of Veterans Treatment Court to curb a growing problem.  The problem is the way we treat Veterans when they return from fighting after which some struggle with adapting to everyday civilian life.  These heroes must be given special treatment, whether it is in the form of therapy or assigning highly trained professionals to their cases.

Some organizations and legal professionals have attempted to assist our military heroes in trouble with the law.  Their tool is the Veterans Treatment Court.  According to Justice for Vets, "The Veterans Treatment Court model requires regular court appearances (a bi-weekly minimum in the early phases of the program), as well as mandatory attendance at treatment sessions and frequent and random testing for substance use (drug and/or alcohol)."

Why is a Veterans Treatment Court better than any other criminal court?  The experience of a Judge is important in every case.  Legal professionals are increasingly focused on particular areas of law, which require specialized training whether in the form a Masters of Law or past work experience like that of a military JAG.  The training continues in practice when lawyers attend specialized Continuing Legal Education (CLE).  At this point, not every jurisdiction will have a past military lawyer sitting as a Judge, however.  A Veterans Treatment Court is a positive step because a Judge can acquire knowledge through CLE courses and repetition of Veterans cases.  As a result, the lawyers save time educating inexperienced Judges, and the Judges are more likely to know the resources available to treat Veterans.  

A Court should not have a one size fits all Order for Veterans.  Veterans might need therapy for PTSD symptoms, or they might benefit from a clinic that helps apply for benefits, or a family law professional might provide assistance with custody and support issues.   Without these resources, our military heroes are likely feeling hopeless, leading some to resort to crime.  So far, some Veterans Treatment Courts have government representatives with access to confidential records and benefits representatives available to assist courts and Veterans on the spot.  Volunteer mentors are even available to help with navigating a day in Court and to support Veterans in the recovery process.

How can we ensure the existence of more Veterans Treatment Courts?  Take the opportunity to contact your local officials.  Write a letter or email to your local alderman or representative.  Even the local Bar association and Chief Judge could be of assistance with organizing a docket to handle Veterans cases.  They usually have the inclination to help Veterans, but it is up to all of us to work together to implement these effective Courts.

Disclaimer:  This article is intended only to provide general legal information.  It does not create an attorney-client relationship.  Consult a licensed attorney in your area if you are in need of legal advice. 

If you are found eligible by a court to receive appointed counsel, thank Abe Fortes and Clarence Earl Gideon for the helping hand.  For those Veterans still in need of legal assistance, we also have suggestions for you.

On Monday, March 18, 2013, we mark the 50th anniversary of the U.S. Supreme Court case, Gideon v. Wainright, 372 U.S. 335.  The events leading up to this landmark case began late one night in a Florida pool hall.  Based on the accusation of one witness, local law enforcement arrested Clarence Earl Gideon on charges of breaking and entering with intent to commit petty larceny.  The lower Court denied Gideon's request for appointed counsel, and a jury found Gideon guilty.  

From his prison cell, Gideon sent the U.S. Supreme Court a handwritten Petition for a Writ of Certiorari to consider whether the denial of counsel violated his Sixth Amendment rights, as applied to the states by the Fourteenth Amendment.  The Supreme Court agreed with Gideon, reversing the lower court.  Future Supreme Court justice, Abe Fortas, succesfully represented Gideon as his appointed counsel.

As a result of the Gideon decision, indigent defendants have a right to appointed counsel in a much larger amount of cases.  An important question now is whether government debt and the sequestration will threaten this right to appointed counsel.  Due to these financial problems, local governments are hiring less public defenders.  In addition, court appointed private defense counsel are less capable to fully defend their clients' interests as a result of severely reduced reimbursements from the government.  To compound the situation, thousands of Veterans are returning from War then appearing in U.S. criminal courts with unique PTSD problems.

We found some sporting news to share with our readers.  Recently, we posted an article about obesity.  It provided some of the current opinions on whether obesity qualifies as a disability.  One sports organization appears to agree with the classification of obese persons as disabled.

FIFA organizers of the 2013 Confederations Cup soccer tournament will offer a percentage of their total seats to disabled individuals.  They believe obese persons should be eligible for these tickets, but it is likely these tickets will cost more than other seats.  Those seeking to qualify for one of these seats must submit a medical certificate to prove a body mass index of 30 or more.  It appears FIFA will offer the same ticket deal for the 2014 World Cup in Brazil.  The Confederations Cup ticket information is currently available at http://www.fifa.com/confederationscup/organisation/ticketing/ticket-information/accessibility-tickets/index.html.  

The Americans with Disabilities Act (ADA) requires new U.S. stadiums to be accessible to the disabled.  In addition, the ADA requires seating locations to be dispersed throughout all seating areas and provide a choice of admission prices and views comparable to those for the general public.  New U.S. stadiums are also installing slightly wider seats in general, including Yankee stadium, but there appears to be no case law directly on point regarding obesity, disability and athletic events.  Read our full article, Obesity: Whether it Qualifies as a Disability, available at http://www.forloveofcountry.net/1/post/2013/02/obesity-whether-it-qualifies-as-a-disability.html

Sequestration could impact your civil or criminal case by delaying hearing dates and reducing available legal defense funding.  As you are likely aware, sequestration kicks in this week due to the failure of the government to find an alternative method to reduce the U.S. deficit.  A substantial number of Federal employees will be out of work, hopefully temporarily, during negotiations over sequestration.

The Federal court system, its employees and litigants will experience the impact of sequestration in several ways.  There are State and Federal courts considering closings and furloughs.  Some of these courts have sent out correspondence to members of the Bar associations requesting input on potential plans for closings.  One report is that criminal trials might end if the government decides to not pay attorneys or cuts funding for legal defense. (Source: http://www.edmondsun.com)  The D.C. court services agency spokesman Leonard Sipes Jr., said that its sequestration plan could include limits on overtime, the use of contractors, and hiring. (Source: http://legaltimes.typepad.com)  Attorneys are under a duty to only withdraw from cases under certain conditions, but the government might lose prosecutors and its ability to successfully prosecute cases.


What can you do to minimize the negative impact of sequestration on your case?  Check in with your attorney or court clerk during the next couple weeks.  Ask if they are aware of any court closings or changes to the court hearing schedule.  It will prevent you from unnecessarily taking time off work.  In addition, ask if you have responded to all requests with the necessary information and paperwork.  Judges will not be in a mood to deal with unprepared attorneys and litigants.  As always, continue looking for assistance from the Veterans clinics.  

Disclaimer:  This article is intended only to provide general legal information.  It does not create an attorney-client relationship.  Consult a licensed attorney in your area if you are in need of legal advice. 

There is another great option to stay active this year.  Thanks to the VA and Disabled American Veterans for providing sponsorship of the National Disabled Veterans Sports Clinic.  This clinic is in its 27th year of serving our military heroes and takes place in Snowmass, CO on March 31 - April 5, 2013.  They offer instruction and opportunities to participate in adaptive sports including rock climbing, scuba diving, skiing, and more.  This clinic welcomes donations, sponsors, and volunteers.  Contact Voluntary Services at (859) 442-2347 or visit http://www.miracles.dav.org/ to learn more about the clinic.  

According to news reports we have lost a true military hero this past week.  Chris Kyle was a former Navy SEAL sniper, and he received two Silver Stars and five Bronze medals for valor.  Mr. Kyle, a neighbor, and another man were at a gun range in Texas when the third man reportedly shot Mr. Kyle and his neighbor, also a Veteran.  Based on the information available, the third man has been identified as a former Marine.  Investigators have not reached a certain conclusion on motive yet, but sources indicated that PTSD is likely to blame for the killings.  

What can be done to stop PTSD related incidents?  It's a topic that news reporters will likely weave into the national gun debate during the upcoming weeks.  One suggestion is for Veterans and friends to proactively contact VA professionals to seek help in dealing with PTSD related issues.  We added a link on our website to the Veterans Crisis Line, available at http://www.veteranscrisisline.net.  According to its website:

The Veterans Crisis Line is a Department of Veterans Affairs (VA) resource that connects Veterans and Service members in crisis and their families and friends with information and qualified, caring VA responders through a confidential, toll-free hotline, online chat, and text messaging service. Veterans and their families and friends can call 1-800-273-8255 and Press 1, chat online at www.VeteransCrisisLine.net, or send a text message to 838255 to receive support from specially trained professionals, 24 hours a day, 7 days a week, 365 days a year.

Chris Kyle continued to contribute to American society in many ways after his military service.  He is remembered as the author of the best seller "American Sniper: The Autobiography of the Most Lethal Sniper in U.S. Military History."  He also started Craft International to train military and law enforcement members.  Furthermore, he founded the nonprofit, FITCO Cares, through which he assisted military heroes with PTSD and their transition into civilian life.  FITCO Cares Foundation has established a memorial page where supporters can share their condolences and donate to the cause at http://www.fitcocares.org.  Rest in peace Chris Kyle.

For related articles, see http://www.forloveofcountry.net/1/post/2012/08/new-sports-camp-for-wounded-warriors-in-carolina.html and http://www.forloveofcountry.net/1/post/2012/08/military-attempts-to-resolve-behavioral-health-issues.html.

For Love of Country is not affiliated with any of the organizations referred to in this article.  This article is not an advertisement and For Love of Country does not receive any money related to this article.

In our last article we provided information about the changes taking effect due to sequestration.  Here, we will share general tips containing specific guidance on ways to deal with sequestration changes.  Read the following tips carefully, and find help with implementation from your network, including For Love of Country.  Some of these tips will merely require your time while others will also require financial changes.  Use these five tips and your ability to adapt to overcome sequestration.

1) Research: Do your homework on the legislation and the resulting rules and laws.  We are not the only source of information.  Seek relevant information from the VA and veterans groups.  Sequestration will likely have an impact on current military heroes, veterans and families, however.  As you acquire information your fears will subside, and you can continue to move forward with the next step.

2) Reevaluate Your Plan: The above research will guide your new life plan.  Consider your current household budget, health insurance, paycheck withholding, and estate/will plan.  As a start, visit our Links page to find less costly professional planning assistance from law schools and nonprofits.  Check out new additions to our links page at http://wtc.army.mil/about_us/wtc.html (Warrior Transition Command) and http://www.armymwr.com.  Ask questions to determine the right professional for your situation.

3) Get Organized: At the beginning of the year, we have the opportunity to start anew.  If you are leaving the military, you must stay organized to accomplish a smooth transition.  It does not require a professional to get organized.  Buy a folder and add it to your safe or lock box to protect important documents.  Establish a routine to backup important documents on a free cloud and/or zip drive.  When employers and insurance carriers request your military information, you will have it ready to send in a timely fashion.

4) Be Persistent:  Rome was not built in a day, and it was not built by one person.  There will be obstacles to implementing life changes.  Make the difficult decisions using others as sounding boards.  Remember to seek advice and help from your network of family and friends.  As you transition into civilian life, utilize the tremendous social network available on veterans websites and professional websites including www.linkedin.com.  

5) Start Today: It's the beginning of 2013. The beginning of the year is always a time for resolutions.  Doing a little each day and week will lead to a successful transition.  In addition, feel free to ask general questions and share your new found knowledge in our NEW Community Forum.

Also see our financial resources article at http://www.forloveofcountry.net/1/post/2012/09/three-apps-for-managing-money.html.  

What do the terms "to sequester" or "sequestration" mean to the military?  These terms generally mean to remove (property) temporarily, or to keep separate or apart (Sources: Dictionary.com and Law.com).  Politicians and the media used these terms often during the past couple months because of the relevance to the fiscal cliff problem.  

Let's dig a little deeper into why sequestration is relevant.  According to the Congressional Report Service, "sequestration" is a process of automatic spending reductions ... first authorized by the Balanced Budget and Emergency Deficit Control Act of 1985.  More recently, Congress included sequestration as an enforcement tool in the Budget Control Act of 2011 (BCA), and as a result, if Congress failed to act or appropriated more discretionary spending than allowed then sequestration would reduce discretionary spending.  Because Congress did not act on January 15, 2012, by law, the first automatic sequestration cuts would take effect on January 2, 2013 (Source: FAS.org). 

Did the recent actions of Congress prevent sequestration of all property and spending relevant to the military or its members?  Not really.  Details of the Budget resolution are still coming out since it was drafted on the eve of its passage, but we searched for recent examples of cuts to Department of Defense appropriations.  We found reports that "Due to the cliff agreement, overall Pentagon cuts will be smaller – $42.7 billion in 2013. But after 2013, cuts would be the originally written $54.7 billion a year until fiscal 2021." (Source: http://blogs.marketwatch.com/election/2013/01/11/how-the-sequester-would-cut-spending)  

The fiscal cliff problem clearly sparked the discussion of Department of Defense cuts, but will the affects of these cuts trickle down to be felt by current service-members and veterans?  Initially, the reports are the deal spared programs including Social Security, Medicaid, food stamps and veterans’ benefits, however.  All Americans will see an immediate increase in their taxes due to the end of some Bush era tax cuts.  Tax increases are unlikely to be the only changes.  

During the debate on the debt ceiling, some congressional members intend on revisiting the possibility of cutting entitlement programs, and possibly TRICARE  and veterans benefits.  Some cuts began already, specifically, TRICARE Prime is no longer available to veterans living over 40 miles from bases, and so these veterans must switch to TRICARE standard.  Sequestration and any deal on the debt ceiling will likely force additional changes in military benefits.   Stay tuned to www.forloveofcountry.net for a report on any future changes.

Disclaimer:  This article is intended only to provide general legal information.  It does not create an attorney-client relationship.  Consult a licensed attorney in your area if you are in need of legal advice.