My Participation in Healing the Trauma of War Program
In October, 2009, I became involved in the Healing the Trauma of War program. This program pulled together leaders from government, business, education, medicine, the military, and the community. Our mission was to look at issues facing military service members arising from the war, and its effects in our community, in hopes of comprehensively addressing it with our existing resources in a positive way.
I originally participated in the program鈥檚 Employment Group, which was tasked to look into employment issues facing Hawaii’s National Guard and Reserves. As the Former U.S. Attorney for Hawaii, I knew federal employment law, and I had previously assisted our National Guard and Reserves in several issues that had arose over their activation or deployment. In recent years, I had also developed informational DVDs and written materials for service members and employers on the rights of the Guard and Reserves.
I also began participating in the program鈥檚 Mental Health Group. As a member of the Justice Department, I was on a Military Affairs Committee that advised the Attorney General on various legal matters facing the military. We saw how the war was taking a toll on the mental health of our returning troops, and how our criminal justice system was starting to see an increase in crime involving veterans from the war. Thus, we saw the need to create Veteran Courts to specifically address the problems and comprehensive needs facing these veterans.
In Hawaii, the Mental Health Group was looking into establishing a Veterans Court as one potential solution for those problems facing our Veterans. Because the signature injury for the wars in Iraq and Afghanistan seem to be PTSD and Traumatic Brain Injuries (TBI) due to Improvised Explosive Devices (IEDs), many returning from war experience mental health issues which could last a lifetime. It has been reported that nearly 20 percent of returning service members from these wars (1 in 5) experience these mental health issues, which can lead to major depressions, suicidal thoughts, social issues, and even violence.
These military members are faced with the fact that they look 鈥渨eak鈥 to their units by reporting their symptoms, and so many do not report, or even seek help, 鈥 thus, complicating their abilities to return to their normal daily lives after deployment. Many are unable to cope and have 鈥渁cted out鈥 鈥 leading to their discharge under other than honorable conditions. In the case of our Guard and Reserves, they return from war, and because of their symptoms, they have personnel issues which arise in their civilian workplaces, or in their relationship with others in the community. Some of these instances have received media attention.
On the other hand, for those who do report their symptoms, there is no guarantee of a future in the military either. The military is slowly recognizing the need to develop and successfully treat these war wounded, but because the field of medicine has no 鈥渕agic bullet鈥 on PTSD or TBI, many of these Soldiers and Marines end up either over-medicated, making them to some degree unfunctional, 鈥 and/or they are also kicked out of the service.
The Mental Health Group therefore examined ways to assist these veterans and how we could pull our resources in a coordinated and more comprehensive effort to help their mental health needs. Clearly, with a Veterans Court we can help monitor and return them to a productive lifestyle be requiring treatment and services, and helping them get back on their feet by assisting with housing, funding, training and employment.
As a member of the State judiciary, I am now assigned by our Chief Justice to be part of a Judiciary Committee to review the merits of a Veterans Court in Hawaii. We are examining what types of issues our active duty and veterans are facing as a result of their deployments to war, and how we could better address their specialized needs. It is loosely estimated that 5-7 percent of those in our judicial system are either active duty military or veterans. This seems to track other similar estimates taken by Courts on the mainland.
Many veterans in Court are experiencing symptoms from being in war, and there is a growing realization that we have to adequately address those needs in ways similar to Drug Courts and other specialized Courts, who have successfully addressed and treated persons in specialized ways. Currently, there are approximately 40 Veterans Courts that have been established on the mainland. Some of these Veterans Courts have been successful in addressing veterans in their legal systems 鈥 having a low recidivism rate like in Buffalo, New York (2 percent recidivism rate).
In any event, our Judiciary is taking positive and affirmative steps to address this issue and will be part of the solutions envisioned by the Mental Health Group for the Healing the Trauma of War Program.
No matter what your belief is concerning this war, everyone agrees that our Military has fought for the freedoms that we enjoy as Americans. Therefore, it is our responsibility to support and help them and their families in their time of need.
Ed Kubo is the Former U.S. Attorney for Hawaii (2001-2009), and he is now a State Circuit Court Judge presiding over criminal felony cases on Oahu. He is the son of an Army veteran of both the Korean and Vietnam Wars, and he is also the father of an Army Reservist who just returned from Kuwait and Iraq.
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