Pubdate: Mon, 09 Apr 2007
Source: Courier News (Elgin, IL)
Copyright: 2007 The Courier News
Contact:  http://www.suburbanchicagonews.com/couriernews/
Details: http://www.mapinc.org/media/1200
Author: David Gialanella, Staff Writer

DRUG COURT SEEING SUCCESS

ST. CHARLES TOWNSHIP -- There's no need to turn on  Judge Judy or The
People's Court to get a different  kind of courtroom experience. Just
head down to Kane  County Drug Rehabilitation Court.

Nearly a year after former drug court Judge James Doyle  -- heralded
as a hero by some but called a tyrannical  bully by others -- left the
program, drug court still  is enjoying a lot of success under Judge
Bill Weir.

Sitting in on Weir's proceedings for a morning, it's  not difficult
for one to see why so many people call it  a forward-thinking program.

Weir has to be dynamic -- just like each person is  unique, each case
is unique, and must be dealt with  differently. Some need "a pat on
the back," Weir said,  others "a tap somewhere else."

At a recent drug court call, one defendant said he got  his dates
mixed up and missed a court appearance. Weir  asked the man his age.

"Twenty-seven years old?" Weir said. "That's old enough  to keep a
(schedule). We expect first-graders to do  that."

Another defendant missed an appearance because his case  was continued
23 times.

"That's not his fault," Weir said. "That's the system's
fault."

"I feel sorry for the kid," he told lawyers after the  man had left
the courtroom. "Twenty-three appearances?  That would confuse me."

Dozens of other defendants followed, all at varying  stages in the
program. Weir and probation officers lean  hard on these men and
women, who have to submit  frequent urine samples to ensure they are
not using. In  return, participants stay out of jail: It's the carrot
in a carrot-and-stick approach to criminal justice.

Far from being considered too progressive or soft on  crime, drug
court enjoys support from law enforcement  officials, including the
sheriff's and state's  attorney's offices.

It receives this widespread support for the simple  reason that it
seems to work.

"The success rate of people who graduate from our drug  court program
in terms of recidivism is remarkable,"  16th Circuit Chief Judge
Donald Hudson said. "It's  continuing to operate in an effective manner."

In Doyle's shadow?

While effective, drug court still may be operating in  the shadow of
Doyle, who retired from the bench in June  2006 in the face of a
complaint filed by the Illinois  Judicial Inquiry Board. The 65-page
document alleges  that Doyle violated the constitutional rights of
dozens  of program participants, and coerced and verbally  abused drug
court staff, defense attorneys and the  Office of Court Services.
After Doyle's retirement, the  inquiry board no longer had any
jurisdiction over him,  and the case screeched to a halt.

All along, Doyle seemed to have just as many supporters  as critics.
Hudson himself has spoken highly of Doyle,  saying drug court was
different under him than it is  now, but no less effective. Others,
such as Kane County  State's Attorney John Barsanti, have echoed that
sentiment.

State Sen. Chris Lauzen, R-Aurora, is holding a town  hall meeting at
7 p.m. Wednesday at the Batavia VFW to  express displeasure with the
inquiry board's handling  of the Doyle complaint.

Lately there have been rumors circulating that Doyle  still has his
hand in the drug court process. Doyle was  hired as legal counsel for
Mooseheart, by the same  official who hires former law enforcement
officers to  oversee urine drops for drug court participants before
the samples are shipped to California for testing. The  relationship
ends there, sources have told The Courier  News, and Weir said the
program has passed more than  one audit by outside agencies.

For better or worse, Doyle is gone for good from drug  court, and Weir
and the staff have plenty else to think  about moving forward.

Cost is always a concern -- especially with the program  about to
exhaust a $1 million federal grant. With more  than 300 participants
in the program at any given time,  it costs about $450,000 per year to
keep drug court  running, according to Weir, who recently addressed
the  Kane County Board in an effort to keep the program well  funded.

After new state legislation that allows for such fees,  the courts
soon may be able to assess $5 from all  felony, misdemeanor and
traffic convictions. Pending  county board approval, the money
collected will go  directly to drug court, providing about $350,000
each  year, according to 16th Circuit Clerk Deborah Seyller's  estimates.

Weir said he is thankful for the federal funding  received, but he
doesn't expect to see any more. He  also knows drug court is not the
only expensive county  program.

"We have to remember that we are one cog in a much  bigger wheel,"
Weir told staffers at a meeting last  month.

Many see cost savings

Drug court may eat up a lot of money and resources, but  that's money
saved on the back end of the judicial  process, many court and law
enforcement officials have  said. Such is part of a growing philosophy
in criminal  justice that incarceration is not always the best  option
for the nonviolent criminal.

"You can get your pound of flesh, but it costs you  twice as much to
make your point" with the traditional  corrections system, said Kane
County Court Services  Executive Director James Mueller. "Yeah, you
locked him  up for six months, but then his family's on welfare and
he can't get a job."

Drug court creates a whole different set of challenges  for the
state's attorney's office. For staff  prosecutors, the job is time
consuming and not  glamorous, so it's difficult to find young
attorneys  who want to get involved, Barsanti said.

"You join this office to do what you see on TV,"  Barsanti said.
"That's what you think -- you're going  to do these great cases and be
on TV."

But working on the drug court staff is not a ticket to  Court TV, he
explained. "You're not going to try those  heater cases."

For participants, the biggest challenge is graduating,  and graduate
they do, complete with a cap-and-gown  ceremony.

One of two ceremonies for 2007 is scheduled later this  month, and
about 40 people will be honored.

Drug court is a relatively new concept nationwide, so  the real test
will be to look at these graduates years  later.

"I think it remains an ongoing analysis as to whether  (specialty
courts) are effective to the individual  eight or 10 years out of the
program," Weir said.

"It's been an evolving court. I think we learned from  the past."
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MAP posted-by: Steve Heath