OHIO CHIEF JUSTICE OBJECTS TO PROPOSED DRUG-TREATMENT LAW

COLUMBUS - The chief justice of the Ohio Supreme Court says he's opposed to
a proposed constitutional amendment on the Nov. 5 ballot because he
believes it would dilute the authority of judges.

The proposal, on the ballot as state Issue 1, would require judges to
impose drug treatment for offenders convicted under the amendment for the
first or second time. Judges now may order treatment but retain the right
to send offenders to prison if treatment fails.

Ohio Chief Justice Thomas Moyer, in his annual speech Thursday on the
condition of Ohio's judicial system, said that if the change in sentencing
policies is made, it should be through legislation rather than a
constitutional amendment.

"We simply should not be amending the constitution with 6,500 words," he
said. "I think it's aborting the system, when one cannot get legislation
adopted, to try to amend the constitution. It takes away the discretion of
judges.

"Very, very few first-time possessors of drugs are sentenced to prison
unless they are also guilty of a prior felony ... or violate a community
sanction."

The chief justice also said offenders have told him court-ordered drug
treatment programs work because of the threat of sanctions, including prison.

"We have many people in rehabilitation today under court programs, and
that's why they're successful," he said.