Pubdate: Wed, 11 Jul 2001
Source: Times-Picayune, The (LA)
Copyright: 2001 The Times-Picayune
Contact:  http://www.timespicayune.com/
Details: http://www.mapinc.org/media/848
Author: Associated Press
Bookmark: http://www.mapinc.org/find?159 (Drug Courts)

LAWSUIT COULD FORCE CHANGES AT RAPIDES DRUG COURT

ALEXANDRIA, La. (AP) -- A lawsuit contends that Rapides Parish is 
improperly referring all drug-related cases to specialized drug 
courts, whether the defendant wants to participate in the program or 
not.

Generally, defendants go to Louisiana drug courts only if they have 
agreed to plead guilty -- the idea being that defendants who admit 
their problems are rewarded with the opportunity for sentences that 
focus more on treatment than incarceration.

The Rapides Parish drug court, however, allows defendants to plead 
not guilty, and one judge, Tom Yeager, presides over all drug court 
cases.

"The judge handling the (drug) court is not supposed to be trying the 
cases," but rather should focus only on sentencing and treatment, 
said Glenn Cortello a defense attorney who filed the lawsuit for 
McKenzy Celestine.

A person who does not wish to plead guilty or seek treatment should 
have the opportunity of a trial assigned randomly to a judge, without 
any drug court involvement, Cortello said.

Yeager said he could not discuss pending litigation.

Cortello contends the Rapides Parish system also violates a state law 
preventing one judge from trying certain types of cases to the 
exclusion of other judges in the district. All other types of 
criminal cases are randomly assigned.

Cortello's lawsuit asks that Celestine's case also be randomly 
assigned. A hearing is scheduled July 16. Cortello said he plans to 
file similar motions on behalf of other similar situated defendants 
in the next week.
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