NOELLE BUSH'S DRUG-COURT HEARING WILL BE OPEN TO PUBLIC, JUDGE RULES

In a ruling hailed Tuesday as a victory for public access, an Orange County
circuit judge denied a request from attorneys for Noelle Bush to close
drug-court proceedings.

Circuit Judge Reginald Whitehead, who oversees the county's drug-court
program, concluded in his 16-page opinion that the public's right to have
access to court proceedings outweighed a drug-treatment patient's right to
privacy.

Whitehead also scheduled a hearing for Thursday to determine whether the
25-year-old daughter of Gov. Jeb Bush can stay in her program or whether
she will be returned to the regular criminal-justice system for violating
rules in the drug-treatment program.

"Open access is critical so that the public can see that drug court is
working to reduce the recidivism rate and return individuals to a
productive state," Whitehead wrote. "Open access is necessary in order to
demonstrate that the program is worthy of public support."

Attorneys for Bush had sought to close hearings on her status in the
drug-court program, citing federal confidentiality laws. Attorneys for the
Orlando Sentinel and South Florida Sun-Sentinel opposed that effort,
pointing to the longstanding American tradition of open courts.

Governor accepts decision

Gov. Bush said he accepted the judge's decision. But he was clearly unhappy
about it, saying that public hearings would make recovery more difficult
for his daughter and for other drug-court patients.

"All I can tell you is it's a lot harder to deal with drug addictions with
these big lights, but it's his court," Bush said at a campaign stop in
Miami Shores.

"The sad fact is, and the good news is, that frankly cameras and reporters
aren't as interested in the other people in drug court, so they have some
degree of privacy to be able to cope with their addictions," Bush said.
"And I'm happy about that. I just wish my daughter would be given the same
treatment."

Orlando Sentinel Vice President and Editor Tim Franklin said, "As a father,
I can empathize with what the governor is going through. But there's an
important legal principle at stake, and that is the public having access to
its court system."

Noelle Bush's attorneys did not return phone calls.

Hearing will go ahead

Court officials said the ruling cleared the way for Whitehead to hear
Thursday from workers at the Center for Drug-Free Living about reports last
month that Bush had hidden a small "rock" of crack cocaine in her shoe. The
judge had suspended drug-court status hearings until he ruled on Bush's
confidentiality request.

In July, Whitehead sent the governor's daughter to the Orange County Jail
for two days after staffers caught her with unauthorized prescription
pills. He could send her back to jail, or throw her out of the program.

Last month, Chief Circuit Judge Belvin Perry Jr. had ruled that workers at
the center could not be subpoenaed by the State Attorney's Office to answer
questions about the crack cocaine, citing federal confidentiality laws
governing drug-treatment programs.

Drug courts provide a way for people to avoid criminal records and prison
time by complying with stringent treatment and counseling requirements.
Noelle Bush, who is the niece of President Bush, entered the program after
she was arrested in Tallahassee in January on charges she tried to purchase
the anti-anxiety drug Xanax with a fake prescription. She transferred to
the Orange County program in February.

After Perry's ruling, her attorneys sought to close her biweekly status
hearings, arguing that under federal law she had an expectation of privacy
while discussing her treatment. They argued that drug courts were not like
criminal courts because they emphasize rehabilitation, not punishment.

But Whitehead explicitly rejected that argument.

"Drug court status hearings are first and foremost a criminal court
proceeding," he wrote, adding that, "All drug court participants, including
Defendant, have been charged with a crime and are facing prosecution by the
State for that crime unless and until they successfully complete the drug
court program."

Said Sentinel attorney David Bralow: "The attorneys for Noelle Bush were
trying to create an exception to well-recognized rules that all criminal
proceedings are open. We're very happy that the court understood that there
isn't really a difference."

Open-government advocates and drug-treatment officials had been watching
the decision, believing that a ruling closing drug courts would probably be
picked up by other judges across the country.

"It's the kind of decision we don't see enough of," said Gregg Leslie, the
legal defense director for the Reporters Committee for Freedom of the Press
in Arlington, Va.

Even groups supporting confidentiality for drug offenders applauded the
decision.

Catherine O'Neill, vice president of the Legal Action Center, said, "It's a
good balance of the considerations: promoting treatment but at the same
time promoting proper monitoring of individuals who are in drug court."

Orange-Osceola Public Defender Bob Wesley said the ruling nullifies his
efforts last week to close hearings for all drug-court participants. He
said the motion he filed was to ensure that all defendants were treated the
same.

The State Attorney's Office, which plans to appeal Perry's decision
protecting the subpoenaed workers, agreed with the judge's decision.

'Today' show

The governor, who is running for re-election, had talked earlier in the day
on NBC's Today show about his daughter's struggles.

"It puts huge strains on families," he said, but said his daughter had to
confront her addiction.

He also called "ridiculous" suggestions that his daughter had received
preferential treatment.

"It's just not true," Bush said. "In fact, as a father my concern is to
make sure that she's treated as she should be treated and people don't go
overboard because of who she is to treat her differently."

"I see pictures of her when she was 3 or 4 years old, and I vividly
remember that," Bush said. "But now she's 25, and the laws apply to her as
they apply to anyone else."