JUDGE SMITH QUESTIONS D.A.'S COMMITMENT TO DRUG COURT

TOWANDA -- Bradford County President Judge Jeffrey Smith contended on
Monday that District Attorney Stephen Downs has in the past been
uncooperative concerning the establishment of a drug treatment court in the
area.

When later asked about the judge's contentions, Downs contested some of
them, saying he had attended certain meetings that Smith said he had been
absent from.

Smith is scheduled to attend a seminar in Harrisburg on Wednesday titled
"Treatment Court Symposium." According to a pamphlet provided by Smith, the
purpose of the seminar is to provide information to people in the criminal
justice system on treatment courts -- which includes DUI and drug courts --
and how they operate. When asked if he had an idea of when a treatment
court would be established in Bradford County - if approved - Smith said
no, because Downs, as district attorney, had only recently expressed an
interest in such a system for Bradford County. "The Methamphetamine Task
Force that was created after the two deputies were killed had a
subcommittee designed to explore the idea of a treatment court," Smith said
about the situation. "But in May of last year (2004), the district attorney
told them he wasn't interested. On May 19, we had a criminal justice
advisory board meeting to which I myself asked representatives from
Lycoming County to talk about their treatment court.

The district attorney didn't attend. In the five years that Steve Downs has
been district attorney, he has not proposed a single alternative sentencing
program." Smith said that the county probation department, the judges and
other departments in the county criminal justice system have been talking
about a treatment court for many months. "The district attorney is a
Johnny-come-lately," Smith contended. "But I guess we should be pleased
that it's better late than never." The judge also said that almost everyone
in the county's criminal justice system is "a little surprised" that the
district attorney has suddenly become in favor of treatment court, while
lamenting a "so-called" lack of leadership. "He (Downs) is, by law, the
chief law enforcement officer of the county. And if he wants to find where
there's been a lack of leadership, he needs to look in the mirror," Smith
said. "He's been AWOL from meetings of the alternative sentencing board.

Until very recently, he's been AWOL from prison board meetings, and until
now, he's turned a deaf ear to the discussion of treatment court." The
judge also said that Downs had previously indicated that he was not in
favor of treatment court for Bradford County, or didn't believe it would
work. "So now, after others engaged in months of discussion about the
possibility (of a treatment court) he presents it as his idea. He's like
the rooster taking credit for the sun coming up," Smith said. Concerning
the criminal justice advisory board meeting attended by representatives
from Lycoming County, Downs insisted that he had attended the meeting, in
which information was presented about their treatment court. "I found it to
be very informative, and did not make any negative comments about the
establishment of a drug court in Bradford County," Downs said. Downs also
said that he or one of the assistant district attorneys attends the prison
board meetings on a regular basis. "Judge Smith does not attend prison
board meetings at all," Downs said. "He appointed Judge (John) Mott in his
place.

The district attorney explained that he has been a consistent opponent of
expansion of the Bradford County Correctional Institution, and has always
supported alternatives to incarceration. "It's only through my efforts, and
through the efforts of Commissioner Doug McLinko, that the jail project has
been delayed, pending an in-depth study of our justice system," Downs said.
"I will continue to stand up for the taxpayer, and stand in favor of
alternatives to incarceration, and I'm delighted that the court has decided
to do the same."