EDITORIAL - JUDGES VERSUS DRUG ABUSE

The 350 judges in Massachusetts trial courts have just taken on a new
challenge: to arrange treatment for every defendant who appears before them
with an alcohol or other substance abuse problem. They deserve the full
support of the rest of the judicial system and adequate funding from the
Legislature.

The great majority of crimes that draw defendants into court are caused or
made worse by substance abuse. Judges have long been aware of this reality,
and in the early 1990s the Supreme Judicial Court set up a task force to
address it. In May Chief Justice Herbert P. Wilkins unveiled a set of
statewide standards. General Barry McCaffrey, the federal drug czar, has
praised the initiative as "a potential national model."

In essence, the new guidelines require all judges to implement effective
drug abuse strategies in their courts. Judges are expected to determine
whether a defendant has a substance abuse problem and to offer referrals
for treatment when appropriate. If necessary, the judge can compel a
defendant to seek help.

"If judges can't do it, who can?" said Wilkins yesterday. "They've got a
person in a position where he has to face up to reality."

The trial court department has formed a committee to monitor progress. As
to funding, Wilkins says the Legislature "has been pretty darn good about
this." Drug treatment facilities are scattered about the state, and the
monitoring committee will be in a position to recommend where they might
best be located. The committee should also determine whether prisons
provide adequate treatment for inmates.

Wilkins says some judges are worried that they might be forced to take on
the functions of social workers. Their prime duty remains the conduct of
trials and the administration of justice. But they are also in a position
to address one of the root causes of crime with an authority no social
worker can muster. Wilkins and all other judges involved in this initiative
deserve congratulations for taking on the task.