NICKS HAS TAKEN STEPS TO REDUCE MARIJUANA CHARGES

Dear Editor:
I read with great disappointment your recent editorial
criticizing the "policy" of the District Attorney's Office on marijuana
prosecutions. As a drug prosecutor under the current district attorney and
her predecessor, I wish to set the record straight.

Much of the increase in marijuana prosecutions you cite occurred under
the previous district attorney. Diane Nicks was not even appointed as
district attorney until late 1997 and was elected in November 1998.
Early in her term she directed drug prosecutors to develop charging
guidelines that would reduce the number of marijuana cases that are
charged criminally.

These guidelines were put into effect earlier this year and continue
to be reviewed in an effort to determine the most effective way to
exercise discretion in this area of prosecution.

So while your editorial suggests that the District Attorney's Office
has suddenly become more aggressive in marijuana prosecutions and
implies that this has been the doing of Diane Nicks, the opposite is
true. Indeed, she has set in motion for the first time in many years a
re-examination of when such cases should be charged crininally

Further, Diane Nicks has been very supportive of the successful and
innovative Drug Court Treatment Program. Drug Court offers drug
offenders the opportunity to become 'drug free" while avoiding
criminal conviction. Our office increased its referrals to this
program 77 percent in 1998 after Diane Nicks became the district attorney.

As I mentioned, our office is making continuing efforts to assess its
charging guidelines in simple marijuana possession cases. In doing so,
we must keep in mind that criminal defense lawyers are not the only
citizens with opinions on the issue.

There are parents who do not want their children exposed to drug
activity. There are treatment providers who are familiar with the
effects of marijuana consumption. There are police, educators and
local government leaders with concern about their communities.

We will seek input from many sources in an effort to do what is
informed, reasonable and fair for all Dane County citizens.

Thanks in advance for sharing this with your readers and your
editorial hoard.

KENNETH M. FARMER
Assistant district attorney
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CAPITAL TIMES Editor's note: Hopefully, Mr. Farmer reads the law more
closely than he does the newspaper. Our editorial specifically noted that the
practices about which we expressed concern began long before Diane
Nicks became Dane County district attorney