COUNTY FACING FUNDING DECISION ON DRUG COURTS

Some commissioners question value, despite judges'
support

Dallas County's two remaining drug courts could be eliminated in the
fall unless county commissioners agree to pay most of the bill.

Judges and prosecutors say the courts are a powerful tool in fighting
drugs. But some county commissioners have said they are not sure the
courts are needed.

The expiration of most of a state grant last year forced the county to
shutter one drug court and foot the bill to keep the other two open
this year.

A hearing is set for Wednesday to examine whether the two courts
should be continued at an estimated cost of $767,546 for a year.

Without them, judges and prosecutors say, the same number of
defendants must squeeze into fewer courts - and everyone could wait
longer for justice.

Many law enforcement officials, including Dallas Police Chief Ben
Click, have signed letters supporting the courts.

John Wiley Price, the only commissioner to vote against the courts
last year, said he expects the courts' proponents to face more of an
uphill battle during this year's budget process.

"They will have to have some real justification," said Mr. Price, who
thinks the courts are not worth their cost and plans to vote against
them again.

Commissioner Mike Cantrell said he plans to support the courts. The
other commissioners have not said publicly how they plan to vote.

Judges and prosecutors said they fear that a nasty dispute last fall
between the judges and some of the commissioners over the judges' work
hours as reflected in their parking records could interfere with sound
public policy.

"It doesn't make sense to me in a time where we've got increasing drug
problems here in Dallas County . . . that we would no longer have drug
courts," said state District Judge Lana McDaniel, presiding judge over
felony courts. "It is important to Dallas County and the citizens of
Dallas County that we have a program such as the drug courts to
effectively and efficiently prosecute drug cases."

Created through a state grant awarded in the late 1980s, the courts
have handled most felony drug cases, freeing up time for the 15
regular felony courts to focus on homicides, rapes and other crimes.
But the grant financing has run out.

Assistant District Attorney Toby Shook said the courts are vital to
prosecuting drug users and sellers, especially in light of the
increase in drug trafficking in the Dallas area.

Heroin seizures in the area are up 300 percent in the last two to
three years, according to a report that prosecutors prepared.
Methamphetamine seizures in Dallas for the first six months of 1998
are double the total for all of 1997, the report says.

Eliminating the courts, Mr. Shook said, would severely limit his
office's ability to prosecute drug cases. If the 15 felony courts were
required to absorb the drug courts' cases, prosecutors predict, jury
trial dockets would increase by almost 20 percent.

"The big problem we had before we got the courts is these cases got
shoved on the back burner," said Mr. Shook, adding that most suspected
dealers were freed on bond. "And when a drug dealer is out on bond,
they sell drugs."

Last year, the two drug courts disposed of 2,130 cases out of the
2,183 cases filed. Prosecutors had an 82 percent conviction rate for
jury trials last year. And 93 percent of those convicted received
prison sentences.

County Commissioner Jim Jackson, who has questioned the work ethic of
some of the judges, said he has not decided how he will vote.

"I'm not convinced that these courts are necessary if all the judges
were working at the same capacity as the hardest-working judges," he
said. "When you look at the dollars that are going to be appropriated

to these two courts and you look at all the other needs and requests
that we will have, I wouldn't automatically say that they should be
funded over other things."

Kimberly Key Gilles, administrative attorney for the district
attorney's office, said that even if the 15 regular judges disposed of
more cases, those cases probably would not be drug cases.

"If you got a murder case or a robbery or a rape case, how are you
going to convince a judge that trying a drug dealer is more
important?" she asked.

In the regular courts, defendants out on bond usually wait a year
before going to trial. In drug court, the average wait for all
defendants is four months.

"These drug courts are an integral component to our front-line defense
to drugs," Mr. Cantrell said. "You hope politics doesn't play into
this with something that is as needed as the drug courts."

County Judge Lee Jackson said in a phone message before leaving town
that he didn't think financing should be a major problem if the
request for next year is not significantly different from this year.

Prosecutors and judges are asking the county to contribute $612,546,
compared with $519,694 this year.

Commissioner Ken Mayfield could not be reached for comment.

Checked-by: "Rich O'Grady"