REALISTIC RULES AND REGULATIONS

No Pace Like Holmes'.

Only a few short years ago, the general public said to officials in
criminal-justice systems across the land, "We are tired of crime and
living in fear of criminals and we want to march toward turning things
around."

Response to that directive was swift and has been boggling in its
scope: People arrested for breaking laws are being locked up in record
numbers and for longer times. Crime rates have dipped and employment
opportunities are booming in the prison-industrial complex.

And on this march, few head prosecutors have matched strides with our
Harris County District Attorney Johnny Holmes. In fact, he may be
leading the entire pack. He may be the world's champion prosecutor.

Enough is enough Consider a few numbers as evidence to support such a
conclusion: Houston is the leading city in Texas, and has an
incarceration rate of 739 per 100,000 population; compared with the
national average of 530 per 100,000; compared with Western Europe's
average of 65 per 100,000; compared with Japan's average of 37 per
100,000.

From 1990 to 1998, our prison population in Texas grew more than in
any other state. We added 87,726 inmates. Compare that to second place
California, which added 64,987.

Texas criminal-justice officials are now talking of the need to build
even more new prisons to accommodate even larger numbers of inmates.
In a recent conversation with Holmes, I asked if he had any estimate
of when we might have enough prisons and inmates.

"When people follow the rules," he said.

Holmes isn't running for re-election and has only a few months
remaining before retirement. Asked for a prediction about where the
criminal-justice system is going after he is gone, he said, "Wherever
the public wants it to go. And the public is cyclic."

Coincidentally, the same day as this conversation with Holmes, there
was a benefit luncheon for the Drug Policy Forum of Texas, with Gary
Johnson as featured speaker.

You know. He is that New Mexico governor who made quite a splash by
coming out against the drug war. He wants to see better options for
dealing with drug problems rather than locking up so many people for
using.

Oh, he made it crystal clear in his speech that being opposed to drug
war tactics does not in any way mean, or even suggest, that he favors
anyone using drugs. Don't use drugs, he said several times.

Just say no Choosing to use drugs is a bad choice, he said. He
compared it to other bad choices, such as choosing to use tobacco or
alcohol. He repeated that no one should choose to use drugs. But he
said we do not put people in prison for their bad choices of using
tobacco or alcohol and we should stop putting people in prison for
using drugs.

Johnson has two children. He said studies show that about half of all
kids across the nation will at some point try an illegal drug.
Statistically, he said, that means one of his two children will make a
bad choice and try drugs.

And if that actually does happen, he said, he would not want police
arresting his child; he would not want to see his child locked in
prison; he would not want his child's future opportunities limited by
a criminal record. He would want to get his child whatever treatment
and counseling was needed to help the child make better choices.

Johnson, as a high-profile politician coming out against current drug
policies and saying it is time to declare a cease-fire in the drug
war, doesn't have much company. He said that other elected leaders
have agreed with him in private conversations, but admitted they fear
that doing so openly could cost them their jobs.

Holmes in the morning and Johnson at lunch made for an interesting
day. Both men are strong leaders and successful politicians. One said
there will be enough prisons when people start following the rules.

The other said we need to change some of the rules.

Thom Marshall's e-mail address is thom.marshall@chron.com.