CITY COURT NEEDS NEW DRUG POLICY

Equity.

This is the goal Hattiesburg officials must strive to achieve as they
grapple with a particular drug policy in Hattiesburg City Court.

The issue, which came to light last week, is problematic because it appears
to give a legal advantage to drug defendants who can afford an attorney.

The policy, which has been suspended pending a review by city officials, is
unfair and must be changed.

The Hattiesburg American reported last week that it has been the policy of
Hattiesburg City Court not to send drugs to the state Crime Lab for
analysis. (The reason, according to city officials, is cost. The Crime Lab
charges $50 to conduct a test on substances sent to its facility. City
officials contend the overall expense is cost-prohibitive for the estimated
20 drug cases a month handled by city court.)

However, when defendants challenged their arrest on misdemeanor drug
charges by requesting an analysis of the contraband, judges have been
forced to dismiss the charges.

But here's the catch: In many cases, only those defendants who were able to
hire an attorney were aware of this procedure. Many defendants (e.g. those
without attorneys) didn't know better and pleaded guilty to the crime.

City court should treat all drug defendants alike. The court's drug policy
fails this test.

Moreover, it's disingenuous of city attorney Charles Lawrence to argue that
the policy is fair because every defendant has the same right to hire
counsel. Unlike circuit court , where public defenders are assigned to
indigent defendants, no public defenders are assigned in city court.

Yes, defendants may possess the "right" to counsel, but not all defendants
possess the "means" to hire counsel. How is that fair?

And besides, what about the larger issue of prosecuting wrongdoers for
their crimes?

It's disturbing to learn that city court, seemingly for years now, has been
dismissing drug charges left and right simply because "informed" defendants
knew enough to request an analysis of the contraband - contraband the court
refused to test because it couldn't afford the expense.

Hattiesburg Mayor Johnny DuPree said Monday he is preparing a
recommendation to address the court's drug policy. DuPree also said he was
unaware of the policy.

Above all else, the new policy must be equitable - equitable both to drug
defendants in city court and to the taxpayers of Hattiesburg, the latter of
whom expect drug offenders to be prosecuted to the full extent of the law.