Pubdate: Mon, 14 Feb 2005
Source: Oak Ridger (TN)
Copyright: 2005 The Oak Ridger
Contact:  http://www.oakridger.com/
Details: http://www.mapinc.org/media/1146
Author:  Beverly Majors
Bookmark: http://www.mapinc.org/find?159 (Drug Courts)

RAMSEY: DRUG COURT WOULD BE COPYCAT

Having a Drug Court in Anderson County would only duplicate what already 
exists, according to the local DA.

District Attorney General James N. Ramsey said Drug Court is no different 
from the criminal process that already exists in Anderson County and that 
Anderson County does not use the resources it has.

"There is no good reason to duplicate it," Ramsey said. "But the bottom 
line is resources. We don't use what we've got and we misapply some of 
those that we've got, and now we're trying to duplicate existing 
bureaucracies - the only thing new is another bureaucracy, which just means 
more scrambling around."

Jim Ramsey Ramsey is referring to Chancery Court as not being utilized for 
criminal proceedings. Chancellor William Lantrip can also try criminal cases.

"Why doesn't Bill Lantrip at least try DUIs so we can have two courts going 
at once with the resources we already have?" he asked.

Ramsey said that counties where Drug Courts appear to be working have 
considered and included the prosecutoral component, and funded additional 
prosecutors for the additional court.

"Here, they're not even using all the courts with criminal jurisdiction 
that we have already in place (Lantrip's), and the DA's office is losing 
staff while responsibilities are being increased - extra court means extra 
staff," he said. "That has not been considered, or if considered, it has 
been rejected."

Recently, Anderson County officials received notification from the 
Department of Justice that an application for training and setting up a 
Drug Court in Anderson County had been approved. Criminal Court Judge James 
B. "Buddy" Scott and Jackie Holloway, coordinator for the program, attended 
the first of three training sessions in Nashville.

According to information from an earlier press release, Drug Courts have 
been found effective by placing offenders in a strict program of treatment, 
frequent drug testing, regular appearances before a judge, and close 
monitoring. Graduated sanctions, including jail time, are imposed for not 
complying with the program, while incentives are provided for continued 
compliance.

Ramsey said that is being done now.

He said defendants are sentenced and placed on probation with condition 
that they go to treatment and certified trained probation officers monitor 
their compliance. If they do not comply the probation officers file 
violations and they can be ordered to serve their already imposed sentences.

"This is already all in place now," Ramsey said. "What is bring proposed is 
delaying final adjudication of guilt. This requires our office to monitor 
our witnesses, evidence, the drug treatment, etc., etc., in every case that 
stays open."

He said the prosecutor has responsibilities for the public safety that are 
not shared by the judge (who is neutral and impartial) or by the defense 
attorney, whose loyalty is primarily to the clients.

"So this is more work for the prosecution," he said. "When the defendant is 
sent to drug treatment and his case is continued for perhaps two years, 
only the prosecutor needs to monitor the situation to see that the evidence 
and witnesses in the case are still available, the defendant is not out 
committing crimes, the defendant is complying with treatment, because if 
any of this goes wrong, it is the prosecutor, not the defense attorney, who 
has to go into court and carry the burden of proof in the original case 
that will be stale and maybe even unprosecutable."

Ramsey said defendants who are motivated to get treatment, do it now under 
the present system.

"We may get some who are not so motivated to sign on to this new program 
just to delay their cases (hope that evidence/witnesses are lost) but they 
will not succeed if not motivated," he said. "If they are motivated they 
will succeed with what we have now."
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MAP posted-by: Beth