Pubdate: Tue, 18 Jan 2005
Source: Daily Review (PA)
Copyright: 2005 The Daily Review
Contact:  http://www.thedailyreview.com/
Details: http://www.mapinc.org/media/1015
Author: C.J. Marshall
Bookmark: http://www.mapinc.org/find?159 (Drug Courts)
Bookmark: http://www.mapinc.org/meth.htm (Methamphetamine)
Bookmark: http://www.mapinc.org/rehab.htm (Treatment)

JUDGE SMITH QUESTIONS D.A.'S COMMITMENT TO DRUG COURT

TOWANDA -- Bradford County President Judge Jeffrey Smith contended on 
Monday that District Attorney Stephen Downs has in the past been 
uncooperative concerning the establishment of a drug treatment court in the 
area.

When later asked about the judge's contentions, Downs contested some of 
them, saying he had attended certain meetings that Smith said he had been 
absent from.

Smith is scheduled to attend a seminar in Harrisburg on Wednesday titled 
"Treatment Court Symposium." According to a pamphlet provided by Smith, the 
purpose of the seminar is to provide information to people in the criminal 
justice system on treatment courts -- which includes DUI and drug courts -- 
and how they operate. When asked if he had an idea of when a treatment 
court would be established in Bradford County - if approved - Smith said 
no, because Downs, as district attorney, had only recently expressed an 
interest in such a system for Bradford County. "The Methamphetamine Task 
Force that was created after the two deputies were killed had a 
subcommittee designed to explore the idea of a treatment court," Smith said 
about the situation. "But in May of last year (2004), the district attorney 
told them he wasn't interested. On May 19, we had a criminal justice 
advisory board meeting to which I myself asked representatives from 
Lycoming County to talk about their treatment court.

The district attorney didn't attend. In the five years that Steve Downs has 
been district attorney, he has not proposed a single alternative sentencing 
program." Smith said that the county probation department, the judges and 
other departments in the county criminal justice system have been talking 
about a treatment court for many months. "The district attorney is a 
Johnny-come-lately," Smith contended. "But I guess we should be pleased 
that it's better late than never." The judge also said that almost everyone 
in the county's criminal justice system is "a little surprised" that the 
district attorney has suddenly become in favor of treatment court, while 
lamenting a "so-called" lack of leadership. "He (Downs) is, by law, the 
chief law enforcement officer of the county. And if he wants to find where 
there's been a lack of leadership, he needs to look in the mirror," Smith 
said. "He's been AWOL from meetings of the alternative sentencing board.

Until very recently, he's been AWOL from prison board meetings, and until 
now, he's turned a deaf ear to the discussion of treatment court." The 
judge also said that Downs had previously indicated that he was not in 
favor of treatment court for Bradford County, or didn't believe it would 
work. "So now, after others engaged in months of discussion about the 
possibility (of a treatment court) he presents it as his idea. He's like 
the rooster taking credit for the sun coming up," Smith said. Concerning 
the criminal justice advisory board meeting attended by representatives 
from Lycoming County, Downs insisted that he had attended the meeting, in 
which information was presented about their treatment court. "I found it to 
be very informative, and did not make any negative comments about the 
establishment of a drug court in Bradford County," Downs said. Downs also 
said that he or one of the assistant district attorneys attends the prison 
board meetings on a regular basis. "Judge Smith does not attend prison 
board meetings at all," Downs said. "He appointed Judge (John) Mott in his 
place.

The district attorney explained that he has been a consistent opponent of 
expansion of the Bradford County Correctional Institution, and has always 
supported alternatives to incarceration. "It's only through my efforts, and 
through the efforts of Commissioner Doug McLinko, that the jail project has 
been delayed, pending an in-depth study of our justice system," Downs said. 
"I will continue to stand up for the taxpayer, and stand in favor of 
alternatives to incarceration, and I'm delighted that the court has decided 
to do the same."
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