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News (Media Awareness Project) - US AR: Editorial: Area Judges Help Change Many Lives
Title:US AR: Editorial: Area Judges Help Change Many Lives
Published On:2006-12-20
Source:Southwest Times Record (Fort Smith, AR)
Fetched On:2008-01-12 19:05:43
AREA JUDGES HELP CHANGE MANY LIVES

What a nice surprise.

We think of judges pretty much as curmudgeonly types who scare even
their grandchildren. Not so, at least not circuit judges James
Marschewski and Michael Fitzhugh.

Marschewski, who presides in the 12th Judicial Circuit Court, has
been tapped to become the magistrate judge for the U.S. District
Court, Western District of Arkansas. He and Circuit Court Judge
Fitzhugh were keys to bringing the Sebastian County Drug Court into existence.

The two judges were handing out certificates to nine drug court
graduates last week, but Marschewski, who was presiding over the drug
court for the last time, wasn't going to be able to slip out the door
without a bit of fanfare from some appreciative folks.

To honor him, 11 babies, all born to drug-free graduates of the
program, were shown off to the judge in thanks for giving their
parents a second chance.

"If you'll notice the sound of babies in the courtroom, that's also
the sound of love," said Shirl Page, drug court coordinator. "We
wanted to give Judge Marschewski a nice going-away present, and I
thought he already has enough plaques and gavels."

As Page named the 11 babies, the parents rose to hold their new
children up for the judge to see. As you might imagine, it was an
emotional moment for all, particularly for Fitzhugh, who introduced
one graduate who had been a promising lad at one point but whose life
crumbled after he began using marijuana and cocaine.

The graduates thanked the judges; some read prayers they'd written.

These two judges know how drugs ravage lives, and it was through
years of watching the same problems and outcomes that they got
interested in a drug court.

There had to be a better way, they thought.

One case early in Marschewski's career told the story well. A
20-year-old woman had been in and out of trouble with drugs and in
and out of jail. She had a baby, but got in over her head with drugs
and was sent to the penitentiary.

"She went in and got out," the judge said in a Times Record report.
"Then one day, I opened up the paper, and she had died of an overdose."

The plan was to find an alternative to prison for such nonviolent
drug users who weren't getting the help they needed with their
problems and were taking up jail space that could be better used for
violent offenders and those who had committed more serious crimes.
But they didn't want to be soft on crime either.

They went to Florida, where there was a drug court, then formed a
team back home with those on all sides of the judicial system -- the
prosecuting attorney, the sheriff, the police chief, a drug
counselor, the public defender and the county judge. Then the team
went to work on the details.

Those who go into the program now enter a 12-step plan, are
drug-tested three times a week and must get a job. Before they
graduate, they have to remain free of drugs for three months. Those
who graduate continue on into another program where they are
monitored and randomly tested for a year.

"At the end of after-care, we dismiss the original charge," Marschewski said.

The program statistics are quite encouraging. One hundred three
people are now enrolled in the initial part of the drug court
program, while 27 are in after- care, and 62 have gone through the
whole process.

"In the drug culture, recidivism is about 50 to 80 percent," which
means a large percent are like the 20-year-old woman who was in and
out of jail because of trouble with drugs. "Our target recidivism
rate is 8 percent, and our actual is 6.45 percent."

No wonder the graduates were honoring Marschewski. He and Fitzhugh in
a very real sense are responsible for giving them their lives back.
It's something that Marschewski said he will miss.

"This is the last opportunity I have to do this, and it is truly a
joy," Marschewski said, the reporter noting that the judge was
"beaming." "I've been privileged to be a part of it. It has been a
labor of love. This is a way to change lives."

After a day of locking up truly bad criminals, it must be a pleasure
for a judge to extend a hand to those who show promise in their lives
but a promise that is suffocating under the weight of illicit drugs.

Good luck, Judge Marschewski, in the new position, but know that you
will be missed and that your work in getting the drug court started
will not be forgotten. There are 11 babies and several parents who
will make sure of that.
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