TOTH WITHDRAWS FROM DRUG COURT PROGRAM

Judge Says He Was Caught Unaware By Prosecutor's Criticisms Of Program.

SOUTH BEND -- St. Joseph County Prosecutor Chris Toth said Wednesday he has
suspended his office's participation in the Drug Court program supervised
by St. Joseph Superior Court Judge Roland W. Chamblee Jr.

"I believe rehabilitation programs are essential for the recovery of
addicts," Toth said, "But we can no longer participate in a program that
lacks accountability and allows offenders to reoffend."

Toth said his decision means that his staff will no longer refer
appropriate cases to the court and will no longer participate in the
program as it is run by Chamblee.

"This was not a rash decision," Toth said. "It was clear we were not
receiving cooperation."

Drug Court provides a way for offenders of drug possession charges or other
low-level drug-related felonies to have their cases dismissed if they
complete a program that lasts 18 to 24 months.

The program combines frequent drug testing and court appearances with
educational sessions and counseling.

Chamblee learned of Toth's decisions at a recess Wednesday afternoon in the
jury trial over which he is presiding.

"I think it's quite improper for the prosecutor to put out a press release
about a major policy change without notifying me in person about it," said
Chamblee, who was visibly angry.

A letter was delivered to Chamblee's office Wednesday by a prosecutor's
office employee who said to make sure the judge received it in person. But
Chamblee, who had been in court all day, had had little time to read or
absorb it.

"He should have come talk to me in person and let me know about the
problems," the judge said.

Chamblee has supervised the program since it was started in 1997 with a
federal grant for the purpose. The program is currently in the middle of
another two-year grant awarded last year in the sum of $300,000.

"We've attempted to talk to him and we've made a great deal of effort to
get problems solved over the last four or five months," Toth said.

Chamblee disagreed. He recalled a meeting in June with Ellen Corcella, who
runs the prosecutor's drugs and gangs task force, and several other people,
but said there were no meetings since then.

Chamblee

The judge also indicated he might not wish to respond to Toth publicly. "I
don't believe in having a war in the paper."

But Toth did not hesitate to air his frustrations with Chamblee and the
program.

The prosecutor maintains participants are not dismissed from the program
despite failing to show up for court or treatment or for being arrested on
new charges. Recently, 39 people in the program had outstanding warrants
for failure to appear, according to Toth.

Toth complained that people are allowed to remain in the program for two,
three or four years despite continuing to abuse drugs.

"Our office cannot participate in a program, which, for the most part, does
not rehabilitate, but allows offenders to go on reoffending," Toth said.
"We cannot allow people of this community to continue to be victimized by
these people."

Toth maintains efforts to work with Chamblee have proved fruitless.

"We would have liked to work him, but it was clear Judge Chamblee runs the
show in Drug Court. He did not entertain our input," Toth said.

The prosecutor said that was why his office stopped sending deputy
prosecutors to the Drug Court for awhile. "He treated them as dead weight."

Chamblee said a deputy prosecutor told him, when the judge asked, that the
prosecutor's office did not send anyone to Drug Court because they were
satisfied with what the judge was doing. But Toth claims that is untrue.

"Too many people are allowed to linger in the program," Toth said,
complaining the Drug Court failed to see that people were picked up on the
warrants that were issued for failure to appear.

"We were left without hope that anything would be done to address those
issues," Toth said.

Toth said he is looking for a new program to provide rehabilitation
opportunities.

Toth complained that the current program fails to keep even the basic
statistics required by the federal government, numbers he said his office
was able to assemble without too much trouble.

The prosecutor has also requested an audit of the Drug Court.