UTAH JUDGE WAS FIRST TO SEE HOW DRUG COURT COULD RESTORE LIVES

When it comes to people who break the law by doing illegal drugs, the
solution often is to lock them up. But a decade ago, 3rd District
Judge Dennis Fuchs heard a presentation about a different approach:
drug court. Dennis Fuchs Fuchs didn't invent it -- that honor
goes to former U.S. Attorney General Janet Reno when she worked as
Dade County's top prosecutor in Miami, Fla. However, Fuchs was the
first Utah judge to embrace the idea and he has conducted drug court
ever since.

The idea caught on, and now there are drug courts throughout the
state. It's a different animal than regular court, a
"stick-and-reward" approach, as Fuchs describes it. The criminal
defendants who qualify and who opt for the program must follow a
strict program of rehabilitation and, if successful, can wipe the
slate clean with a "plea in abeyance" that removes that crime from
their record. But anyone who messes up can be booted back to a
traditional court process and potentially faces jail or prison if
convicted. It has been proven nationwide that drug courts work, Fuchs
said. "It's definitely more restorative justice.

Those individuals who reluctantly enter into treatment because of a
court order, if kept in treatment long enough, get the idea and start
working with the treatment to address the disease," he said. "Many of
those individuals were given the same opportunities for treatment
before, but without that stick and that reward, have a tendency to
forget they have a disease and not take treatment as seriously."
Felony drug court is usually open to criminally charged individuals
who have no history of violence or drug dealing, and who are in the
United States legally.

There also is juvenile drug court for for young people who are
substance abusers and dependency drug court for parents whose
addiction makes them unfit to care for their children. Salt Lake
County Criminal Justice Services, which offers a variety of programs
including help for those in drug court, conducts an assessment of
each individual, according to clinical director Becky Barnett. Drug
court is rigorous and usually involves outpatient treatment,
sometimes inpatient treatment, attendance at substance abuse groups,
individual and/or family counseling, random urine tests, community
service and frequent court appearances so the judge can be updated on
an individual's progress. Barnett said her agency also provides other
programs: a class to improve communication skills, a cognitive
restructuring class to change the way one thinks and learn to make
more positive choices, a one-time drug education class, a one-time
HIV-AIDS awareness class, acupuncture, and an after-care program.
"It's quite structured," Barnett said. "It takes some work. If
they're not ready to graduate (in an year), we extend it. If they
start using again, they must have six months of 'clean time' before
they can actually graduate. "The whole philosophy is to provide
support, treatment and help to assist them in leading more productive
and sober lives," Barnett said. Participants are expected to pay for
their drug court treatment.

If they are indigent, they can do community service in return for the
help. The requirements are somewhat different, but in many ways just
as tough for those going through the juvenile drug court, according
to 3rd District Juvenile Judge Kimberly Hornak. Among other things,
motivational speakers are invited to give talks, including police,
people from the medical examiner's office, members of Mothers Against
Drunk Driving and others. "One of the comments we hear often from
kids and parents is that one of the best parts of the program is
hearing first hand the effects of substance abuse." In addition, the
young offender must write his own obituary citing drug use as the
cause of death, unless the youth is suffering from depression and
this could turn out to be counter-productive or even dangerous,
Hornak said. "We are very sensitive about ordering that." Random drug
tests, frequent court visits, counseling and educational programs are
all part of the package. In juvenile court, there are participants
who have just dabbled in drugs but have not become addicted yet.
"That is good, because we can get to them before they get to that
point," Hornak said. "I believe if we try to stop juveniles soon
enough before they become addicted, it would help."