DRUG COURT'S STABILITY QUESTIONED

In 2 Years, Hinds County Program Has Had 4 Judges

In two years, Hinds County Drug Court has had almost as many judges as
graduates.

Since March 2000, when the first gavel pounded in the program for mostly
first-time drug possession offenders, four judges have been at the helm
with five participants graduating and completing all requirements,
including paying fines and earning a high school equivalency degree.

"You can never get use to one judge because they're always changing," said
Drug Court participant Tommy Engram of Jackson, who has to complete all
requirements of the program, which stresses treatment over incarceration.
"I think having one judge would add stability."

Retired Circuit Judge L. Breland Hilburn originally oversaw the program. He
then hired Mississippi College law professor Pat Bennett as a special judge
to run the program. But questions arose about Bennett's Hinds County
residency and the indefinite hiring of a special judge.

Bennett resigned. When she left, Hilburn once again took over the program.
But he retired at the end of April.

Circuit Judge Bobby DeLaughter was then appointed as his replacement. Now
DeLaughter will turn the day-to-day operation of the program over to
interim county Judge Bill Gowan.

Gowan is not seeking election to a full term as county judge in November,
which means another judge will have to oversee the drug court program when
Gowan leaves in January.

Gowan, who is scheduled to have his first meeting with participants
Tuesday, said he expects to leave the program in better shape for the
county judge elected in November.

The judge-elect will take office in January.

"We need stability in the program," said state Rep. Alyce Clarke,
D-Jackson, who initiated the effort to get a drug court treatment program
in the county.

Clarke said the revolving door of judges over the program limits the
program's success.

Since March 2000, 19 participants have been dismissed from the program for
violations. Another six have run away from the program, leading to warrants
for their arrest.

As of last week, 62 participants were in the Hinds County Drug Court
program, which receives $200,000 annually in state funding.

DeLaughter said Tuesday he believes for the program to be successful, it
will require a permanent judge overseeing it.

"It is going to take someone to devote the necessary time to it,"
DeLaughter said. "I would like to see a judge take it over full time."

The arrangement now is only temporary, DeLaughter said, as he looks for a
long-range solution. He said he is taking a careful look at how the program
works, including suggestions on how to improve it.

DeLaughter said doesn't have the time to adequately oversee the program
given his other Circuit Court duties. He said that will be a concern for
any sitting judge.

Of Drug Court's current operations, DeLaughter said: "It's operating in a
positive manner, but can operate better."

DeLaughter said he would like to see more participants in the program,
including expanding it to include others not charged with drug possession.

He said many nonviolent crimes, such as stolen goods, are related to drug use.

Karen Freeman-Wilson, CEO of the National Drug Court Professionals/National
Drug Court Institute in Virginia, said a key component of a successful drug
court program is the relationship the participants have with the judge. She
said four judges in the two-year history of the program may not have been
the best thing, but she said it's not alarming if the four judges have been
engaging and doing their best to work with the participants.

Freeman-Wilson said she has visited the Hinds County Drug Court program and
was impressed with program director Brenda Mathis and the work she was
doing to try to make the program successful.

The state auditor's office reviewed the Hinds County Drug Court program
earlier this year. Procedural problems were noted, but the program received
high marks overall.

Despite a less than stellar number of graduates, Mathis said the program
has some success stories.

"We just need to develop the team concept," Mathis said. "If everyone plays
their role, it will be successful. Everyone has to work together." Clarke
said alternative drug court programs are working successfully across the
country, helping families and neighborhoods at the same time. Circuit Judge
Keith Starrett started the state's first drug court for Lincoln, Pike and
Walthall counties in February 1999.

Starrett's program has graduated 44 participants, four of whom ended up in
prison after returning to drug use. Starrett's program has 83 active
participants.

The judge's role is key, he said.

"What's most important is the relationship the defendant has with the
judge," Starrett said. "The judge is the person who brings it all together.
Continuity of the judge is important."

Starrett, who says he devotes about 20 percent of his time to the drug
court, had the following advice for those with drug courts: "You need to
get serious with it or get out of it."

Starrett said if one person is rehabilitated from a life of drugs, it means
the individual can become a productive member of society, thus preventing
taxpayers from having to pick up the tab for incarceration.

Gowan said his goal will be to get Hinds County's program in good working
order during his time overseeing it.

"Anything new will have to grow through experience," said Gowan, who
offered to take on the program for DeLaughter.

"Drugs are a paramount societal problem," he said.

He said the drug court program shouldn't interfere with his other duties as
interim County Court judge because it mostly meets at night.

DeLaughter will continue to oversee the drug court program, but Gowan will
handle the day-to-day operations and be the judge overseeing the program
and meeting with the participants.

Gowan said he is looking forward to the challenge, but isn't naive enough
to believe every participant sent to the program will successfully complete it.