JUDGING ADDICTS DIFFERENTLY

For the past year, Malden District Court has been home to a unique "drug
court" which gives drug addicts a second chance at turning their lives
around - if they're up for the challenge.

Soon after being appointed as presiding judge at Malden District Court in
2002, Judge Lee Johnson noticed a concerning pattern - growing drug use by
teenagers, especially that of OxyContin and heroin, who had no criminal
past before becoming involved in drugs.

Johnson's concerns and those of the court house staff were further
confounded by the overdose deaths of a few teenage girls around that same time.

"We said, 'We have to do something'," he said.

After further discussion they made the decision in November 2003 to apply
to a national program to create a "drug court," which Johnson describes as
a "creative tool to integrate drug addicted individuals back into society."

The drug court began exactly one year ago this month and is held every
Thursday.

In addition, the court also created a voluntary drug team composed of the
judge, a drug treatment liaison, the district attorney's office,
representatives from outside agencies and other staff members who oversee
the court.

The program offers people who have been charged with drug possession and
who are also drug addicted an opportunity to sober up while hopefully
deterring them from going back to the drug.

"We're trying to take them out of that climate. But I make it clear, if you
choose to go to drug court that is your choice. But if you don't, you may
go to jail," Johnson said, adding that every person who enters the program
must qualify. "We cannot allow anyone in drug court who has committed a
violent crime or was charged with distributing drugs."

Probation officer and drug team member Rich DeAngelis said his
participation in the drug court makes him feel more like a social worker.

"We supervise these people all the time but now we're seeing them four
times a month and we're able to give them a second chance," he said. "It's
much more intense."

DeAngelis added that while his role on the drug team takes a delicate
balance, it's a welcome challenge.

"It's an opportunity to do something else," he said. "I've done this for 20
years but [drug court] is different."

The program includes a 12- to 18-month process and four important phases.

During phase one, typically the first three months of the program,
participants must report to drug court every week, provide the court with
proof that they attended at least four Narcotics Anonymous or Alcoholics
Anonymous meetings, provide urine tests and go to counseling if warranted.
During this time participants may spend a period of time in a drug
treatment center if it is needed.

During phase two, participants only have to attend drug court once every
other week and in phase three, only once a month but all other requirements
remain the same.

In phase four, which is considered the "graduating stage," participants are
not required to show up for drug court but expectations are elevated. Any
failure to comply will result in moving back a phase.

Just last week Narcotics Anonymous and Alcoholics Anonymous meetings began
being held at the courthouse every Thursday morning as an added resource.

Sharon Ferrari, a member of the drug team who coordinates training and
interacts with the participants, said she looks forward to Thursdays.

"We see these people every week. We get to know them. We feel for them,"
she said. "I try not to focus on expectations because you have to keep an
open mind."

Johnson said there are now 24 participants in drug court. The ages range
from 18 to late 40s. They are a mix of men and women, who are married and
divorced, mothers and fathers, some with good jobs others with no jobs.

They all have one thing in common - they want help with their addiction.

"I think it helps them to know they're not alone," Ferrari said. She's seen
a special bonding develop between participants in the program.

Not everyone who went into the drug court has finished. Most recently, an
older woman who dropped out of the program and served six months in jail
returned to drug court to tell how she has been able to turn her life around.

"She thanked us for being so supportive and said drug court opened her eyes
and gave her the incentive to look at life differently," Johnson said.

About 10 people have dropped out of the program because it was too challenging.

"Many of them say, 'This is the hardest thing I've ever done'," Johnson
said. "It's a drug and they can't fight it. [Those who dropped out] took
the easy way out of going to jail. They have to want to do it or it won't
work."

For some, he added, a jail sentence hanging over their heads isn't enough
to keep them in the program.

Johnson and his staff are working hard to provide adequate resources to the
participants. And he doesn't necessarily share the concern of others that a
drug conviction should always warrant jail time.

"For an addict it's not so simple to say, 'Stop taking drugs'," he said.
"You can't just cut them off. It has to be gradually done."

As a result the drug court offers participants support, encouragement and
resources to make necessary changes in their life - with reasonable
expectations.

"We have to understand there will be relapses sometimes," Johnson said.
"Drug court is about being truthful and honest. Everyone is human, everyone
makes mistakes, but there has to be consistency."

He added participants who suffer a setback receive a punishment depending
on the severity of their actions. A relapse could entail using drugs,
getting arrested or not showing up for a required drug court session.

As a result, the drug team decides on a repercussion such as doing
community service, writing a letter about why the mistake was made,
reverting back a phase in the program or being incarcerated for a short time.

"We have people who have exceeded farther than we thought they would go and
those who are disappointments," Johnson said, adding that no participant
has yet to reach phase three.

For the majority, though, the drug court has had a positive affect on the
participants and on their view of the court system, Johnson said.

One of the hard and fast rules of drug court is that participants are not
allowed to leave court until the session is over. They have to stay and
listen to each other and are allowed to offer advice to those in a similar
situation.

"They're having a one-on-one relationship with the judge," Johnson said.
"Now they look at me and say, 'Wow, he's looking at me to help get me
resources to help my problem.' "

Not surprisingly, many drug court participants have thanked the team for
helping them create healthier, more trusting relationship with their families.

Johnson said he's also noticed the body language and dispositions of many
change as they become more receptive to the program.

While the drug court has yet to receive any funding Johnson said the team
plans to apply for grant proposals and would like receive city, state or
federal funding in the future.

"I'm proud of it. Our staff has shown a great deal of professionalism and
time," Johnson said of the drug court. "It's a new program so we're still
learning about it ourselves but right now we're being effective."

His aspirations for the future of the drug court are to receive funding,
expand in numbers and hopefully help some participants complete the program.