RAMSEY: DRUG COURT WOULD BE COPYCAT

Having a Drug Court in Anderson County would only duplicate what already
exists, according to the local DA.

District Attorney General James N. Ramsey said Drug Court is no different
from the criminal process that already exists in Anderson County and that
Anderson County does not use the resources it has.

"There is no good reason to duplicate it," Ramsey said. "But the bottom
line is resources. We don't use what we've got and we misapply some of
those that we've got, and now we're trying to duplicate existing
bureaucracies - the only thing new is another bureaucracy, which just means
more scrambling around."

Jim Ramsey Ramsey is referring to Chancery Court as not being utilized for
criminal proceedings. Chancellor William Lantrip can also try criminal cases.

"Why doesn't Bill Lantrip at least try DUIs so we can have two courts going
at once with the resources we already have?" he asked.

Ramsey said that counties where Drug Courts appear to be working have
considered and included the prosecutoral component, and funded additional
prosecutors for the additional court.

"Here, they're not even using all the courts with criminal jurisdiction
that we have already in place (Lantrip's), and the DA's office is losing
staff while responsibilities are being increased - extra court means extra
staff," he said. "That has not been considered, or if considered, it has
been rejected."

Recently, Anderson County officials received notification from the
Department of Justice that an application for training and setting up a
Drug Court in Anderson County had been approved. Criminal Court Judge James
B. "Buddy" Scott and Jackie Holloway, coordinator for the program, attended
the first of three training sessions in Nashville.

According to information from an earlier press release, Drug Courts have
been found effective by placing offenders in a strict program of treatment,
frequent drug testing, regular appearances before a judge, and close
monitoring. Graduated sanctions, including jail time, are imposed for not
complying with the program, while incentives are provided for continued
compliance.

Ramsey said that is being done now.

He said defendants are sentenced and placed on probation with condition
that they go to treatment and certified trained probation officers monitor
their compliance. If they do not comply the probation officers file
violations and they can be ordered to serve their already imposed sentences.

"This is already all in place now," Ramsey said. "What is bring proposed is
delaying final adjudication of guilt. This requires our office to monitor
our witnesses, evidence, the drug treatment, etc., etc., in every case that
stays open."

He said the prosecutor has responsibilities for the public safety that are
not shared by the judge (who is neutral and impartial) or by the defense
attorney, whose loyalty is primarily to the clients.

"So this is more work for the prosecution," he said. "When the defendant is
sent to drug treatment and his case is continued for perhaps two years,
only the prosecutor needs to monitor the situation to see that the evidence
and witnesses in the case are still available, the defendant is not out
committing crimes, the defendant is complying with treatment, because if
any of this goes wrong, it is the prosecutor, not the defense attorney, who
has to go into court and carry the burden of proof in the original case
that will be stale and maybe even unprosecutable."

Ramsey said defendants who are motivated to get treatment, do it now under
the present system.

"We may get some who are not so motivated to sign on to this new program
just to delay their cases (hope that evidence/witnesses are lost) but they
will not succeed if not motivated," he said. "If they are motivated they
will succeed with what we have now."