Pubdate: Wed, 26 Sep 2007 Source: Asheville Citizen-Times (NC) Copyright: 2007 Asheville Citizen-Times Contact: http://www.citizen-times.com/ Details: http://www.mapinc.org/media/863 Author: Robert D. Lewis Note: Judge Robert D. Lewis retired from a 25-year career as a Superior Court judge. He lives in Asheville. Bookmark: http://www.mapinc.org/people/Mumpower OFF-TARGET CRITICISMS OF OUR COURT SYSTEM OFFER ONLY A DISSERVICE In his guest commentary, "Asheville's drug culture has a crippling effect on city and region," (AC-T, Feb. 2), Councilman Carl Mumpower wrote that legislators have the obligation to "renew an impaired judicial system" that has "become a mockery of justice" caused by the lack of adequate funding. In his two-column commentary in the Aug. 29 edition, and emphasized again on Sept. 11, he continues: "Impaired with antiquated technology and absurd manpower constraints, what can be called a system of misjustice (sic) that a crack dealer must be caught and convicted three or more times to get any meaningful jail time." This inmate of the courthouse since 1971 offers a different view. Budget constraints The North Carolina Administrative Office of the Courts every year submits our base or expansion budget requests for technology, manpower and other needs to the General Assembly as does every other branch, department and agency of state government. Legislators, required to balance the budget, do the best they can over the objections of those who contend we can run government on no or less money. That process of state funding enabled us this year to replace the computer hardware in the courthouse with newer versions, including some Dell products. Admittedly, we don't have the latest state-of-the-art software, but other users don't either. And I'm advised that upgrades are in the works for installation soon. Besides, what we have is not so "antiquated" that it has any relevance to or interferes with the disposition of cases. Our court's judgments can be printed, tendered to the judge, signed immediately and recorded. The clerk of court and the district attorney have been allotted additional employees this year. We once operated the district attorney's office with three attorneys and two assistants. District Attorney Ron Moore, with larger dockets and additional obligations, now has more than 15. In 1975 we had about 56 Superior Court judges statewide. We now have twice that number. The courts could use more funds and "manpower" (and womanpower), but so could every other recipient of state funds. Explosion of drug cases In 1971 there were less than 10 drug cases pending in Superior Court, all limited to heroin, LSD and marijuana. Frequently, officers today may file that many crack cocaine cases at the end of a shift. Mumpower says that "society as a whole looks the other way ..." That is not my recollection of the past 37 years. During my career the courts have processed hundreds of cases of drug abuse, from Manteo to Murphy. And "society," through mental health clinics and other drug treatment programs, has, on the contrary, offered drug abusers help. Buncombe's elected Superior Court judges, with Ron Payne presiding, have added a court dedicated to drug abuse only that meets on some Fridays. Take a closer look Perhaps the councilman could visit the fifth floor to see for himself whether or not addicts "can easily dodge a broken court system." Regretfully and sadly, we have too many offenders, including some that do not, or physically cannot, take advantage of the help that is offered and available. Those face revoked probation and activation of suspended sentences. State law provides three categories of punishment: community, intermediate and active prison time. Judges do not decide what "meaningful jail time" is. The Structured Sentencing Act mandates the term for each offender of each crime. Respect for and obedience of our laws are the critical and indispensable blocks in this nation's foundation. Opinions based on accurate findings of the facts can be constructive criticism. Feckless, irresponsible carping without supporting data is destructive and affects both respect and obedience. I will let the readers decide where Mumpower's comments fall. - --- MAP posted-by: Richard Lake