LEHMAN RETURNS TO CHEERS AT DRUG COURT

Judge Who Founded Program Ends Retirement

There is usually little to cheer about in Drug Court.

But cheers abounded last week as Drug Court participants welcomed back to the
bench the once-retired judge who founded the program more than a decade ago.

Before beginning court proceedings on Wednesday, Senior Judge Jack Lehman, 75,
settled into his chair and, with a broad smile, re-introduced himself to about
75 participants who packed the crowded courtroom.

"I'm back to stay and I will be handling Drug Court forward into the
foreseeable future," he said. "I'm happy to be back."

The participants, many of whom remembered Lehman, greeted him with an
enthusiastic round of applause, some shouting out words of welcome to the
judge, who left the program seven months ago to retire after a 15-year career.

His return to the bench brought to an end District Judge Jessie Walsh's
seven-month stint presiding over the program. During her tenure, Walsh was
criticized by some family members of Drug Court participants and by the
American Civil Liberties Union of Nevada for her heavy-handed handling of some
drug court cases. Walsh has been assigned to preside over civil cases in
District Court. She said she was happy Lehman was returning to the bench.

Lehman, who created Drug Court in 1992, has said that presiding over Drug Court
is a challenging and often difficult job.

The specialized program helps drug users facing criminal charges by offering
more lenient sentences to those who graduate from the program, which has a
rigid schedule of treatment and testing. Most participants have criminal cases
pending in other courts.

There are currently 800 participants enrolled in Drug Court, court officials
said.

Presiding over Drug Court requires long days. The lengthy, back-to-back
sessions often don't wrap up until 8 p.m. and allow few breaks. The late
schedule was created to allow offenders to participate in the program and still
remain employed.

Lehman, who recently recovered from triple-bypass surgery, said he is feeling
strong and is up for the challenge.

"I'm thrilled to be back," he said. "I've recuperated from my surgery. I felt
no pain, no strain and wasn't overly tired when I was finished."

Many of the program participants who stood before Lehman on his first day back
began the program under Lehman's direction last year. They said they were happy
to see Lehman back on the bench.

"I think it's great," said one participant, who began the program under Lehman
last August. "He takes an interest in people individually. He's fair and he's
balanced."

Another woman, who began the program last July, was equally enthusiastic about
Lehman's return.

"He cares more about the client than most judges," she said. "He's personable.
He tells you when you're doing well."

Other participants said it was Lehman's caring nature, combined with his
willingness to get tough with drug addicts, that makes Lehman the ideal Drug
Court judge.

In processing close to 150 cases between Wednesday and Thursday, Lehman praised
participants who'd excelled in the program and was stern with those who'd made
little effort to fight their drug addiction.

Lehman threatened to terminate those participants from the program if they
didn't shape up. If they are terminated, they go back to their sentencing
judge, where they face a harsher sentence, often prison.

Clark County's Drug Court program was the fifth of its kind in the United
States. There are now more than 1,200 Drug Court programs nationwide, Lehman
said.

"The reason they're spreading like wildfire is because they work," Lehman said.

In Clark County participants are tested for drugs on a daily or weekly basis,
depending on what stage of the four-phase program they are in.

Participants must test negative during each drug test for six consecutive
months in order to graduate from the program. Each participant is expected to
graduate within a year.

One Las Vegas man graduated from the program Wednesday after starting the
program under Lehman more than a year ago. The man was given a certificate and
a T-shirt which read, "Too smart for drugs."

Lehman said the impromptu graduation ceremonies often encourage others to stick
with the program.

"You've been absolutely sensational," Lehman said to the graduate, shaking his
hand. "You're a good man."

But Lehman was tough on other participants who had shown little dedication
after sometimes nearly two years in the program.

Lehman came down hard on one participant who had within the past two months
failed to show up for regular counseling and drug testing at Choices, a local
drug treatment facility geared toward helping Drug Court participants.

"When do you plan to stop using methamphetamines and where the heck have you
been since June?" Lehman asked.

Lehman used a different approach for one man, who was in custody during the
session. The man's urine had tested positive for cocaine, marijuana and
methamphetamines.

"I'm trying to quit," the man said. "I'm a drug addict. I've been doing drugs
since I was 13 years old."

Lehman told the man to try to pick up a plastic cup that sat on the bench in
front of him. The man, who was handcuffed, picked up the cup easily.

"I didn't say pick up the cup, man, I said try to pick it up," Lehman said.

The man looked confused, which garnered chuckles from the other participants.
But Lehman was serious as he explained the purpose of the exercise.

"We don't ever use the word 'try' in Drug Court," he said. "Try has no meaning.
You either do it or you don't. I want to know if you are actually ready to give
up drugs."

Program participants who continue to relapse must be ordered to check into
in-care treatment programs offered through facilities such as West Care, the
Salvation Army and the Economic Opportunity Board, Lehman said.

"There are some who just continue to get dirty," he said. "Some just can't do
it on their own."

But those who make it through the program experience far-reaching benefits.

They not only receive more lenient sentences for their crimes, but Drug Court
graduates are more than 50 percent less likely to re-offend, Lehman said.

"They can attain a totally different dynamic in their families," he said. "They
can raise their children. They can be breadwinners."

Lehman said he doesn't have lofty goals for the future of Drug Court. His
desire is simple, he said.

"I care about people, always have," he said. "My goal is to keep getting people
off drugs. It's the only kind of goal you can have in this program."