Pubdate: Thu, 06 Nov 2003 Source: Hattiesburg American (MS) Copyright: 2003 Hattiesburg American Contact: http://www.hattiesburgamerican.com/ Details: http://www.mapinc.org/media/1646 CITY COURT NEEDS NEW DRUG POLICY Equity. This is the goal Hattiesburg officials must strive to achieve as they grapple with a particular drug policy in Hattiesburg City Court. The issue, which came to light last week, is problematic because it appears to give a legal advantage to drug defendants who can afford an attorney. The policy, which has been suspended pending a review by city officials, is unfair and must be changed. The Hattiesburg American reported last week that it has been the policy of Hattiesburg City Court not to send drugs to the state Crime Lab for analysis. (The reason, according to city officials, is cost. The Crime Lab charges $50 to conduct a test on substances sent to its facility. City officials contend the overall expense is cost-prohibitive for the estimated 20 drug cases a month handled by city court.) However, when defendants challenged their arrest on misdemeanor drug charges by requesting an analysis of the contraband, judges have been forced to dismiss the charges. But here's the catch: In many cases, only those defendants who were able to hire an attorney were aware of this procedure. Many defendants (e.g. those without attorneys) didn't know better and pleaded guilty to the crime. City court should treat all drug defendants alike. The court's drug policy fails this test. Moreover, it's disingenuous of city attorney Charles Lawrence to argue that the policy is fair because every defendant has the same right to hire counsel. Unlike circuit court , where public defenders are assigned to indigent defendants, no public defenders are assigned in city court. Yes, defendants may possess the "right" to counsel, but not all defendants possess the "means" to hire counsel. How is that fair? And besides, what about the larger issue of prosecuting wrongdoers for their crimes? It's disturbing to learn that city court, seemingly for years now, has been dismissing drug charges left and right simply because "informed" defendants knew enough to request an analysis of the contraband - contraband the court refused to test because it couldn't afford the expense. Hattiesburg Mayor Johnny DuPree said Monday he is preparing a recommendation to address the court's drug policy. DuPree also said he was unaware of the policy. Above all else, the new policy must be equitable - equitable both to drug defendants in city court and to the taxpayers of Hattiesburg, the latter of whom expect drug offenders to be prosecuted to the full extent of the law. - --- MAP posted-by: Larry Stevens