New Hampshire Citizens Commission on State Courts 
Draft Recommendations for Consideration March 13, March 20 
Recommendation #16 
Research Committee: Problem-Solving Courts 
Recommendation: 
The New Hampshire Judicial System should expand the use of a 
“therapeutic justice” model in dealing with mental health issues, certain drug 
offenses, and other family-related legal problems. 
New Hampshire’s successful experiments with Drug Courts in a number of 
locations and with a Mental Health Court in Cheshire County warrant an 
expanded statewide “therapeutic justice” approach to certain carefully 
defined matters which come before the judiciary. This “problem-solving” 
approach can result in more successful long-term solutions to certain drug 
offenses, cases where there are significant mental health issues, or cases 
involving family-related problems. These cases are among the most difficult 
in our court system’s caseload, and this approach can pay off in reduced 
recidivism and more efficient use of judicial time and energy. 
Rationale: 
Drug courts, mental health courts, domestic violence courts, and some forms 
of family courts have garnered favor because of their success at resolving 
chronic underlying causes of criminal or other inappropriate behavior. 
Under this approach, the judge is a participant in the therapeutic processes 
imposed on defendants and others. The traditional role of courts and judges 
is to provide a fair process, through an adversarial forum, moderated by an 
impartial judge, according to agreed-upon rules and procedures. Under a 
“therapeutic justice” or problem-solving model, however, the focus is on 
treatment for the defendant’s underlying problems and the outcome of that 
treatment, i.e. adjusted behavior. While a traditional proceeding focuses on 
past behavior and its consequences, a therapeutic justice approach is directed 
at immediate and future behavior. In cases in which an underlying medical, 
psychological, or social problem could be resolved through such an 
approach, NH Courts should employ the “therapeutic justice” or “problem-
solving” model. 

Advantages of a Problem-Solving Approach 
Therapeutic justice is effective. Studies of drug courts, as an example, 
show that recidivism rates among drug court graduates conservatively 
average about 10%. Drug courts also save money when compared to the 
costs of incarceration, free jail beds, reduce the number of drug exposed 
infants and children (thus avoiding medical costs), and successfully treat 
thousands of substance-abusing individuals each year. Other types of 
treatment courts have had similar outcomes. 
Therapeutic justice programs require and promote systemic collaboration. 
Treatment providers, local governments, law enforcement, prosecution, 
defense counsel, private counsel, multiple state agencies and the courts 
are all required to communicate and cooperate in order to run these 
programs. This process of collaboration develops good will and 
institutional relationships that benefit the courts in multiple ways for 
years to come. 
Defendants are held accountable. Whether it is a drug addict, a mental 
health patient, an abusive parent or cohabitant, or a teen smoker, the 
system demands respect and gets compliance. The participant complies 
with the orders of the court, or faces the consequences – frequently 
imposition of a sentence for an already-entered guilty plea. 
There is increased public appreciation for the judiciary. Stories of 
personal triumph over adversity, stories of caring and dedicated judges, 
and stories of firm but compassionate programs, all in the context of 
public safety, go a long way toward developing public trust and 
confidence in the judiciary. The resulting atmosphere of success and 
satisfaction without the grind of the adversarial process also rejuvenates 
judges and energizes staff.