DRUG COURTS

Panhandle Needs - And Will Get - Critical Addition

We are concerned, after reading a recent article, editorial and
letters to the editor, that there are some misconceptions and
misunderstandings regarding recent legislation providing for the
funding of drug courts and regarding the ongoing efforts in our
region to seek funding for the implementation of such a court or courts.

The 2007 Legislature has recognized a growing drug problem in Texas.
Our region is no exception.

For example, in Potter County alone, there were approximately 597
new drug possession cases filed in 2007 - fewer actually than in
2006, when approximately 613 new cases were filed. These numbers do
not include those cases filed for possession with intent
to deliver. Although a multitude of factors would have to be
applied to know how many of these defendants would qualify for drug
court; these numbers do illustrate the drug problem in our area.

The Legislature further recognized the success of problem solving
specialty courts already operating in the state and successfully
addressing this problem. As a result, they enacted Chapter 469 of the
Health and Safety Code - "Drug Court Programs." The legislature
mandated that any such program have the following characteristics:

* The integration of alcohol and other drug treatment services in the
processing of cases in the judicial system;

* The use of a nonadversarial approach involving prosecutors and
defense attorneys to promote public safety and to protect the due
process rights of program participants;

* Early identification and prompt placement of eligible participants
in the program;

* Access to a continuum of alcohol, drug and other related treatment
and rehabilitative services;

* Monitoring of abstinence through weekly alcohol and other drug testing;

* A coordinated strategy to govern program responses to participants'
compliance;

* Ongoing judicial interaction with program participants;

* Monitoring and evaluation of program goals and effectiveness;

* Continuing interdisciplinary education to promote effective program
planning, implementation, and operations;

* Development of partnerships with public agencies and community organizations.

The legislation made such programs mandatory for counties with a
population of more than 200,000. Therefore, neither Potter nor
Randall County are required to implement a program at this time.
However, the legislation provided that commissioners courts of any
county may voluntarily establish a drug court program. Recognizing
that it is often beneficial for smaller counties to pool resources,
the legislation provides that: "The commissioners courts of three or
more counties ... may elect to establish a regional drug court program..."

Therefore, an alliance between Potter and Randall counties would not
be sufficient - another county would have to be involved to form a
"regional program."

It seems that some have tried to paint this as a Potter County vs.
Randall County matter. Nothing could be further from the truth. Each
and every elected official and department head who has discussed the
prospect has indicated a willingness to review any proposed program
with an open mind. In fact, there have been no negative comments from
anyone who has been approached.

Obviously, Armstrong County would be the preferred third county to
form the regional program. Armstrong County is part of the 47th
Judicial District and the 47th District Attorney prosecutes criminal
actions arising in Armstrong County. Additionally, our Community
Supervision and Corrections Department (Probation) services Potter,
Randall and Armstrong Counties.

Armstrong County Judge Hugh Reed has been contacted and has expressed
a willingness to review and consider any proposals.

As noted above, the Legislature has mandated that any program
implemented have a strong judicial and probation component. Both the
local Judiciary and Probation Department are committed to continued
exploration and discussion among the various stakeholders toward the
implementation of a drug court. We are currently studying the
structures and methods of other successful, existing drug courts in the state.

A rough draft of a proposed Potter/Randall/Armstrong Drug Court
Policies and Procedures has been prepared and will be presented to
the various commissioners courts, district and county attorneys,
councils of judges, defense bar, and other interested stakeholders in
the near future, but well in time for the next funding cycle - yet to
be announced.

In the event Randall County is awarded any grant money for
exploration and planning, those funds will be used judiciously, if
needed, to offset any costs associated with the exploration, planning
and implementation - if approved - of a regional program.

While grant funds would be appreciated and welcomed, failure to
obtain them will not result in shutting down the continued dialog
between interested stakeholders in this region.

As the Amarillo Globe-News editorial noted, a drug court is one
potentially effective tool available to our region that could provide
rehabilitation and supervision to those addicted to drugs and
alcohol, while providing public safety and savings to our taxpayers.