Clark County DA Wolfson challenges standing of Henderson veteran courts

Other than judges themselves, few people know the virtue of veterans treatment courts better than Jason Brooks.

The 43-year-old Iraq War Marine veteran was among the first to graduate from Henderson Municipal Veterans Court with his domestic violence case dismissed and records sealed.

He’s gone from being a client to a mentor. Now he helps other veterans facing misdemeanor DUI and domestic violence charges meet the requirements of counseling, rehabilitation and community service to get a second chance at succeeding in life.

Gov. Jim Gibbons signed a 2008 law creating veterans courts; they were established three years later. Now, after five years, Clark County District Attorney Steve Wolfson has filed papers with the Nevada Supreme Court challenging the legal authority for municipal and justice courts to host veterans treatment courts. He contends the law specified only District Courts have authority for veterans courts.

“It makes no sense. We have a proven track record that it’s working,” Brooks said Thursday. “We’ve been doing it for five years now and 90 percent of the cases going through are DUI and domestic violence.”

On Friday, Wolfson said the veterans court statute “is in need of clarity. … there’s a lot of confusion in the bottom line here.”

He said he has reached out to legislators and will soon request an amendment to clarify the legal authority for veterans courts at the lower court level.

As it stands, he said, there is conflict in a number of statutes pertaining to driving under the influence and domestic violence that “doesn’t allow a prosecutor to reduce a charge if we can prove beyond a reasonable doubt.”

Wolfson said contrary to what some veterans and their mentors think, “I am fully supportive of the veterans court. What I’m doing is seeking clarity. … I’m going to be spearheading the effort to allow veterans court hopefully going into effect next year.”

But waiting a year might affect what’s taken years to establish, particularly in Henderson Municipal Veterans Court, where Judge Mark Stevens says he fears the lag might wear on peer mentors like Brooks.

The program aims to treat veterans for drug and alcohol abuse and war-stress anger rather than punish them for problems that stem from their military service. The treatment program is more intense than typical civilian court programs, requiring constant updates on progress and random testing.

That’s why mentors are essential to ensuring veterans complete the requirements and helping veterans communicate with the court.

Stevens notes that of the 100 graduates in the program, 88 have involved DUI or domestic violence cases.

“I’d just hate to see the program die and have to start it up again. And, I’d hate to see any veterans slip through the cracks in the meantime,” said Stevens, a former police officer and Marine captain.

“From a public safety standpoint, you need this program,” he said Friday.

Stevens said he learned three weeks ago from the Henderson city attorney’s office that his veterans court couldn’t take any more DUI or domestic violence cases until the legal standing issue is resolved. Last week he found out that the city attorney had rejected a compromise he had offered.

In discussions five years ago, prosecutors agreed that the program could work on the basis that “victims are the gatekeepers,” he said, adding that the victims have to know what the program is about and has to agree to let a veteran participate in it.

“For five years, it has worked great and there wasn’t any problems. Why now? I don’t know,” Stevens said.

Attempts to contact the city attorney’s office for comment Friday were unsuccessful because Henderson city offices are closed on Fridays.

The case that spurred Wolfson’s petition to the state Supreme Court involved a misdemeanor DUI charge against veteran John Merzanis. His attorney Bill Terry filed a motion to transfer his case to Clark County Justice of the Peace Melissa Saragosa’s veterans court.

Wolfson appealed to the Nevada Supreme Court. His petition, signed by Chief Deputy District Attorney Steven Owens, states that “the justice court’s role and authority is limited to transferring a case to district court for Veterans Court treatment.”

“The justice of the peace has acted in excess of her jurisdiction in suspending the DUI minimum penalties and accepting a plea to DUI in exchange for a promise of dismissal and sealing upon successful completion of a justice court veteran’s court program over the prosecutor’s objection,” the petition states.

Terry decided not to challenge the appeal on his client’s behalf.

“If we lost in the Nevada Supreme Court then it would eliminate veterans court and affect every other veteran,” Terry said. “He (Merzanis) did not want to be the poster boy for eliminating veterans court, so he went back to the original DUI court.”

Contact Keith Rogers at krogers@reviewjournal.com or 702-383-0308. Find him on Twitter: @KeithRogers2