Pubdate: Tue, 04 Jan 2005
Source: Hattiesburg American (MS)
Copyright: 2005 Hattiesburg American
Contact:  http://www.hattiesburgamerican.com/
Details: http://www.mapinc.org/media/1646
Author: Nikki Davis Maute
Bookmark: http://www.mapinc.org/find?159 (Drug Courts)

LAMAR MAY GET ADULT DRUG COURT

Legislature Would Have To Alter Chancery, Circuit Systems

Equalizing the workload among the state's chancery and circuit judges
could add an adult drug court and clear out the jails more quickly in
the 15th Circuit, which includes Lamar County, said Circuit Judge
Michael Eubanks.

Before that happens, the Legislature, which convenes in Jackson today,
will have to redistrict the chancery and circuit systems as required
by law.

"I think this is a plan that adds judges to try and make the workload
among the state's judges equitable instead of changing the lines of
the circuits," said Eubanks, one of two judges who serve the
five-county 15th Circuit.

The study shows that the average annual caseload, both civil and
criminal, for the state's 49 circuit judges is 1,029 cases each.

In Lamar County, the two circuit judges juggle nearly 1,500 cases
each.

"Without a third judge, we can't operate a drug court," Eubanks
said.

Eubanks said since the two judges handle court terms in all five
counties, sometimes prisoners are held in county jails until the
court's next turn.

Purvis attorney Pete Gamble, who is the attorney for the Lamar County
supervisors, said the county saves money if inmates are tried and
moved over to state custody.

"As long as they are waiting for court action, the county pays,"
Gamble said.

Gamble said it is a credit to the two judges that the circuit does not
face a backlog of cases.

If lawmakers don't act this session to redistrict the systems, then
the Supreme Court will be required by law to handle the
redistricting.

Sen. Tom King, R-Petal, said it's the Legislature's responsibility and
the group should not pass on it and let the Supreme Court handle it.

But the failure to follow the recommendations of the Mississippi
Judicial Advisory Study Committee and add 10 circuit and chancery
judges across the state last year was in the Senate.

The House approved the study report recommendations.

King said funding the 10 judgeships kept the proposal locked up in
committee in the Senate.

Adding six circuit and four chancery court judges to Mississippi's
judicial system would cost about $1.7 million annually.

"I know money is even tighter this year, but this is our
responsibility and should be our priority," King said. "If we don't,
then the court will do it and we'll have no choice but to fund it."

The study recommends adding a fourth judge to the 10th Chancery Court
District, which includes Forrest and Lamar counties, and a third judge
to the 15th Circuit District, which includes Lamar County.

In the 15th Circuit, Eubanks said a third judge would allow the
district to begin a drug court.

Eubanks and the 15th Circuit's other judge, R.I. Prichard III,
alternate court dates throughout their district and can't oversee a
drug court because the program needs consistency.

"From what we've seen of Judge Helfrich's adult court, it's a program
that works," Eubanks said.

Now in it's second year, the Forrest-Perry Adult Drug Court program
includes 83 participants, with whom Judge Bob Helfrich meets at least
once each week. So far, only two have failed out of the program.

Eubanks is hopeful that the Legislature will act this year so that the
additional judgeships can go on the November 2006 ballot.

What's not on the study recommendation list is a second judge for
Helfrich's 12th Circuit although legislation was introduced last year
and will be introduced this year to do that.

But Helfrich said while the district has the case filings to support a
second position, he is doubtful of getting one through the
Legislature.

"With the tight budget, I don't anticipate getting a second judge
approved," he said.

The figures used in the statewide study to determine which court
districts needed help, did not include the estimated 5,000 to 10,000
cases backlogged in Helfrich's 12th Circuit.
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MAP posted-by: Larry Seguin