Pubdate: Wed, 12 Dec 2001
Source: Southern Illinoisan (IL)
Copyright: 1998-2001 Southern Illinoisan
Contact:  http://www.southernillinoisan.com/
Details: http://www.mapinc.org/media/1430
Author: Karen Binder
Bookmark: http://www.mapinc.org/pot.htm (Cannabis)
Bookmark: http://www.mapinc.org/testing.htm (Drug Testing)
Bookmark: http://www.mapinc.org/youth.htm (Youth)

JUDGE QUITS DRUG CASE: BOIE NAMES NEW JUDGE AFTER HALTING HEARING

ANNA -- Like most schools across the nation, Anna-Jonesboro high school has 
a zero-tolerance drug policy.

Any student involved in drugs at school will be automatically suspended and 
potentially expelled.

But the case involving senior Matt Smith, 18, and his alleged marijuana use 
two weeks ago appears hazy to some.

Smith was suspended for 10 days, beginning Dec. 3, after he tested positive 
for drug use at the school's medical center. He was scheduled for a school 
board hearing on Monday for further discipline, Superintendent William 
Schildknecht said.

Yet, Smith and his attorney, William Ballard, think his possible expulsion 
is based on an unconstitutional search and seizure.

And that's why a temporary restraining order was delivered 45 minutes into 
Smith's hearing Monday.

The order, signed by Circuit Judge Mark Boie, required the hearing 
immediately cease until the court can decide if Smith's rights were violated.

The order claims Smith's suspension was "the result of an unreasonable 
search and seizure of the body of (Smith)." It also states that "the rules 
of submission to testing and suspension have been unequally applied between 
students," and that "the search was a targeted search and not a general 
search."

It further stated that continuation of the hearing would cause "irreparable 
injury."

"This is almost unheard of," Schildknecht said. "We were unable to proceed 
with the hearing. Everything's in limbo right now."

What this means for Smith is he's returning to classes, which is critical 
with finals next week. He's also on the basketball team, but is not 
eligible to play for five games, according to suspension rules. Smith has 
served five of the 10 suspension days.

But the case gets more complicated.

Although Boie signed the restraining order, court records state he later 
removed himself and assigned Judge Mark Clarke to the case. Court records 
don't say why Boie recused himself. He didn't return telephone messages 
Wednesday.

A hearing is scheduled Wednesday before Clarke.

Also, Smith's mother is a teacher at the high school. Because of this 
connection, Schildknecht said the district took an extra step in protecting 
all parties' interests for the disciplinary hearing by asking Murphysboro 
attorney Gerald Reed to act as hearing officer instead of the district's 
usual attorney. "We wanted someone independent," Schildknecht said.

However, neither Smith, his parents nor Ballard attended the school board 
hearing.

State law allows schools to conduct drug searches without search warrants 
to maintain order and security, including such places as lockers, desks, 
parking lots, other school property and equipment, and personal effects.

School rules state that students have no reasonable expectation of privacy 
in these places. They don't mention guidelines for specific searches of a 
student's property.

Ballard and Smith couldn't be reached for comment.
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MAP posted-by: Terry Liittschwager