DRUG TREATMENT COURT JUDGE PUSHES CLIENTS TO SUCCEED

Phil Howerton peers down from the bench, usually with a smile and a
kind word, sometimes with a scowl and a glare, as he cajoles the drug
addicts and alcoholics in his courtroom.

The judge threatens to throw them in jail if they don't stop using
drugs or missing counseling sessions. He praises them when they've
stayed sober. He even dishes out fatherly advice.

Howerton was a newly elected judge and a recovering alcoholic when he
launched North Carolina's first drug treatment court four years ago.
He did it without any money from the state, assembling a team of
volunteers to provide counseling and treatment.

Howerton's personal mission has turned Mecklenburg's drug treatment
court into a model program that's drawn attention from across the
Carolinas. More importantly, he's touched the lives of hundreds of
addicts and kept his own vow to stay clean and sober.

"I know what drug addiction is," Howerton says. "It's not something
that's just going to go away. In the past, we'd lock these people up
for six months and then let them out without treating the addiction.
It doesn't work."

Today, North Carolina has six drug treatment courts and plans are
under way to set up an additional seven across the state. The state is
spending about $1 million yearly to operate the six.

"Without Judge Howerton, we wouldn't have these courts," says Randy
Monchick, who oversees the state's drug treatment courts for the N.C.
Administrative Office of the Courts. "I've watched Mecklenburg's drug
treatment courts grow. They have blossomed into one of the premiere
drug treatment courts in the country."

South Carolina operates four drug treatment courts.

Drug treatment court is a yearlong, alternative program in which
addicts charged with nonviolent drug and property crimes agree to
undergo treatment and weekly urine testing. If they abide by the rules
and stay off drugs, the charges against them are dropped.

Mecklenburg is now operating three drug treatment courts. In four
years, 425 defendants, including 115 now participating, have been
accepted into the program. So far, 83 have graduated from the rigorous
program.

A 1998 study of five N.C. drug treatment courts found that six of
every 10 defendants had either graduated or were still in the
programs. Nationwide, the retention rates for drug courts range from
42 percent to 89 percent.

Howerton knows firsthand the difficulties faced by addicts. He spent a
month in treatment 10 years ago to kick his alcoholism.

The 63-year-old former Marine and prosecutor scoffs at the notion that
he's nothing more than a bleeding-heart liberal in a black robe who
can be hoodwinked by cocaine addicts and alcoholics.

"I know addicts are born liars," Howerton says.

The judge has changed the lives of some addicts.

"I was a wreck -- a mess," one 62-year-old former cocaine addict
recalls. "If I hadn't gotten into the drug court, I'd have been in
prison. Or probably dead."

"Judge Howerton really touched me. He was on my side. He wanted me to
overcome my addiction. My life is turned around. I have no desire now
for drugs or alcohol. And I don't want to be around people doing drugs."

In the courtroom

Howerton's alcoholism is no secret in his courtroom. He lets those who
appear in his courtroom know of his bout with alcohol.

"As a recovering alcoholic, I know what they're going through," he
says. "A lot of people see it as a bond that links us together."

The judge runs his drug court more like a schoolteacher.

During a recent court session, he began with a warning: "Some of you
are doing real good. But some of you aren't doing worth a darn. If you
don't improve, I'm going to put you in jail. I want you to know I mean
it."

Then, as addict after addict was summoned to stand before the bench,
Howerton called out to each by their first names.

`'Hey Steve, how you doing?" he asks.

Sometimes he scolds them for missing counseling or for failing urine
tests for drugs.

"You need to stop using cocaine," he tells one. "I want to see clean
urine next time."

Howerton seldom misses a chance to praise and encourage. He leads a
round of applause whenever he notes how long somebody has been drug-free.

"You're doing super. I'm really proud of you," the judge told
one.

"Good job, Leroy," he tells another. "Anything we can do for you
today?"

One woman had lost her job after telling her employer she had to take
off work to attend drug treatment court. She told Howerton she had to
be honest.

"I'm glad you took that step," the judge said. "That's what it
takes."

"I promise you if you get clean and stay clean you won't have any
problems finding a job in this city."

Drug courts growing

Drug courts began in Florida in the late 1980s to ease the burden on
criminal courts and get help for addicts. Today, there are more than
350 drug courts nationwide.

Charlotte's was the state's first, and five others followed.

The Administrative Office of the Courts in Raleigh plans to set up
three more drug treatment courts this year, and the legislature has
authorized the agency to begin plans for an additional four, including
programs in Gaston and Catawba counties.

Monchick, who for four years has helped set up such courts across
North Carolina, said at least two-thirds of the nation's defendants
have substance-abuse problems.

"Substance abuse really drives our criminal justice system," Monchick
said. "What our drug treatment courts really are about is
accountability. It's about holding addicts accountable for dealing
with their addictions. You do that by closely monitoring their
progress for at least a year and ensuring that the necessary treatment
resources are available."

The National Drug Court Institute, in a report published last year,
praised the country's drug treatment courts. It said there's evidence
the courts are preventing recidivism.

The report also found that drug courts lead to substantial savings
from reduced jail and prison use and reduced criminal activity. A drug
court in Oregon, for example, saved the state more than $10 million
during a two-year period.

N.C. court officials say it's too early to know how much the state's
drug courts have saved taxpayers. But national studies show that for
for every $1 spent on treatment, $7 is saved in criminal justice costs.

Karen Simon, program director of Mecklenburg's drug treatment courts,
believes Howerton connects with the addicts and alcoholics who appear
in his courtroom.

"Judge Howerton understands their experience," Simon said. "The judge
relates his own experiences to them in a way that says, `I'm not any
better than you. I had to fight this one day at a time just like you.'

"I see genuine happiness and joy in him when we graduate a client.
He's inspired by it. He's moved by it. He's genuinely happy to see the
court be able to help them."

One cocaine addict married during the yearlong program, and Howerton
attended her wedding.

"I love the judge," the 35-year-old woman said. "He saved my life. He
convinced me to keep striving -- that this was a matter of life and
death for me."

Mecklenburg Assistant District Attorney Steve Ward and Mecklenburg
Assistant Public Defender Bob Ward volunteered to work with the court
four years ago.

"A lot of DAs never see success. All they ever see is failure," Steve
Ward said. "But in this court, at the end of a year, we've gotten to
see people cleaned up. They may struggle. They may stumble. But they
keep going."

Said Bob Ward: "We're working on real problems with real solutions. The
courts are criticized for not `doing something' about different issues. We
are `doing something' here.

"Clients tell us this program saved their life. Spouses tell us the
program saved their husband or wife. Parents tell us it saved their
child's life."

The judge's alcoholism

Howerton was an assistant public defender in the late 1980s when he
came to grips with his alcoholism. He joined Alcoholics Anonymous, but
started drinking again.

"I knew I was an alcoholic," he recalled recently. "I had to stop and
couldn't stop."

Finally, Howerton took a month off and went into treatment. He's been
sober since November 1988.

Howerton, who became a judge in 1992, said it was his redemption that
motivated him to set up the first court. He believes the only way to
overcome addiction is through repentance, treatment, hard work,
support from family and friends, and persistence.

Not everyone charged with a crime is eligible for Mecklenburg's drug
treatment courts. Prosecutors must approve defendants's participation.
All are nonviolent offenders. Some have been charged with possession
of marijuana or cocaine or drug-prescription fraud. Others have
committed property crimes such as breaking and entering.

Howerton knows the court is not going to help every
defendant.

"Our program is tougher than probation," he said. "We have them for a
year. We drug-test them every week. We help them get jobs. We send
them to school. We help them with housing.

"We've got a hammer over them. If they don't do what we say, we'll put
them in jail."

Not everyone succeeds.

"There can be and are real disappointments," Howerton recalls as he
talks about helping a heroin addict get clean. "His mother came to
court and thanked us for giving her back her son. She hadn't had any
contact with him for 30 years."

But a few months later, tragedy struck. "He relapsed on heroin and
died on the streets. That's the reality."

Howerton savors the milestones the drug addicts achieve.

"I get the satisfaction of knowing that I'm doing a job that works --
that helps people. The greatest single satisfaction is seeing these
people in my court suddenly realize this program does work. You can
see the light come on in their eyes. You can see the difference in
them."

But for the judge, the success of the drug treatment court means much
more than that.

"Alcoholics Anonymous teaches that the best way to stay sober is to
help others with their alcoholism. This court helps me keep sober.
That's one of my goals in life."

Gary L. Wright covers criminal justice. Contact him at (704) 358-5052
or gwright@charlotte.com.

Judge Phil Howerton presides over a drug treatment court case at the
Mecklenburg Criminal Courts Building. The court includes a yearlong
program in which addicts charged with nonviolent drug and property
crimes agree to undergo treatment and weekly urine testing. Charges
are dropped if they abide by the rules and stay off drugs.

" Our program is tougher than probation. We have them for a year. We
drug-test them every week. We help them get jobs. We send them to
school. We help them with housing. We've got a hammer over them. If
they don't do what we say, we'll put them in jail." JUDGE PHIL
HOWERTON MECKLENBURG DRUG TREATMENT COURT