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News (Media Awareness Project) - US FL: Editorial: No Exemptions In Drug Court
Title:US FL: Editorial: No Exemptions In Drug Court
Published On:2002-10-11
Source:St. Petersburg Times (FL)
Fetched On:2008-08-29 13:49:55
NO EXEMPTIONS IN DRUG COURT

The glare of celebrity can be harsh, and Noelle Bush, 25-year-old daughter
of Florida's governor, has faced her share of media attention since a drug
arrest in February. But for a drug court to close its doors merely because
a defendant asks for privacy would amount to a celebrity exemption to
criminal justice.

That's not how America's court system is supposed to work.

Peter Antonacci, a former deputy attorney general who once fought for
public disclosure of government business, is now representing Miss Bush and
making an unusual request. He asked an Orange County judge on Tuesday to
close the doors to drug court, arguing that drug offenders under the
court's supervision "must be able to communicate with the security that
everything will remain private."

The criminal justice system, though, has never been based on privacy. It is
about justice, and public accountability plays a fundamental role. Many
people who are arrested, whether it be a businessman caught with a
prostitute or a judge stopped while driving under the influence, might
prefer secrecy. But the system of arrest and prosecution in open court is a
protection against the awesome sanctions of criminal justice.

Drug court may have the ultimate aim of treating offenders and keeping them
out of prison, but it is still a court and it still determines criminal
sanctions. Notably, the drug treatment center at which Miss Bush is a
patient has not joined in the request for court secrecy. Neither has the
drug court, which holds hearings for all drug offenders in public. "Those
are open, and the theory behind it is that persons get to see someone
succeed," said court spokeswoman Karen Leavey.

The secrecy Antonacci seeks for his client would establish a ruinous
judicial precedent. Given that such privacy has not been extended to any
noncelebrity offenders, it also would suggest a different standard for the
governor's daughter. If she seeks less attention, a locked court door is
not likely to bring it.
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