DRUG COURT SEEING SUCCESS

ST. CHARLES TOWNSHIP -- There's no need to turn on Judge Judy or The
People's Court to get a different kind of courtroom experience. Just
head down to Kane County Drug Rehabilitation Court.

Nearly a year after former drug court Judge James Doyle -- heralded
as a hero by some but called a tyrannical bully by others -- left the
program, drug court still is enjoying a lot of success under Judge
Bill Weir.

Sitting in on Weir's proceedings for a morning, it's not difficult
for one to see why so many people call it a forward-thinking program.

Weir has to be dynamic -- just like each person is unique, each case
is unique, and must be dealt with differently. Some need "a pat on
the back," Weir said, others "a tap somewhere else."

At a recent drug court call, one defendant said he got his dates
mixed up and missed a court appearance. Weir asked the man his age.

"Twenty-seven years old?" Weir said. "That's old enough to keep a
(schedule). We expect first-graders to do that."

Another defendant missed an appearance because his case was continued
23 times.

"That's not his fault," Weir said. "That's the system's
fault."

"I feel sorry for the kid," he told lawyers after the man had left
the courtroom. "Twenty-three appearances? That would confuse me."

Dozens of other defendants followed, all at varying stages in the
program. Weir and probation officers lean hard on these men and
women, who have to submit frequent urine samples to ensure they are
not using. In return, participants stay out of jail: It's the carrot
in a carrot-and-stick approach to criminal justice.

Far from being considered too progressive or soft on crime, drug
court enjoys support from law enforcement officials, including the
sheriff's and state's attorney's offices.

It receives this widespread support for the simple reason that it
seems to work.

"The success rate of people who graduate from our drug court program
in terms of recidivism is remarkable," 16th Circuit Chief Judge
Donald Hudson said. "It's continuing to operate in an effective manner."

In Doyle's shadow?

While effective, drug court still may be operating in the shadow of
Doyle, who retired from the bench in June 2006 in the face of a
complaint filed by the Illinois Judicial Inquiry Board. The 65-page
document alleges that Doyle violated the constitutional rights of
dozens of program participants, and coerced and verbally abused drug
court staff, defense attorneys and the Office of Court Services.
After Doyle's retirement, the inquiry board no longer had any
jurisdiction over him, and the case screeched to a halt.

All along, Doyle seemed to have just as many supporters as critics.
Hudson himself has spoken highly of Doyle, saying drug court was
different under him than it is now, but no less effective. Others,
such as Kane County State's Attorney John Barsanti, have echoed that
sentiment.

State Sen. Chris Lauzen, R-Aurora, is holding a town hall meeting at
7 p.m. Wednesday at the Batavia VFW to express displeasure with the
inquiry board's handling of the Doyle complaint.

Lately there have been rumors circulating that Doyle still has his
hand in the drug court process. Doyle was hired as legal counsel for
Mooseheart, by the same official who hires former law enforcement
officers to oversee urine drops for drug court participants before
the samples are shipped to California for testing. The relationship
ends there, sources have told The Courier News, and Weir said the
program has passed more than one audit by outside agencies.

For better or worse, Doyle is gone for good from drug court, and Weir
and the staff have plenty else to think about moving forward.

Cost is always a concern -- especially with the program about to
exhaust a $1 million federal grant. With more than 300 participants
in the program at any given time, it costs about $450,000 per year to
keep drug court running, according to Weir, who recently addressed
the Kane County Board in an effort to keep the program well funded.

After new state legislation that allows for such fees, the courts
soon may be able to assess $5 from all felony, misdemeanor and
traffic convictions. Pending county board approval, the money
collected will go directly to drug court, providing about $350,000
each year, according to 16th Circuit Clerk Deborah Seyller's estimates.

Weir said he is thankful for the federal funding received, but he
doesn't expect to see any more. He also knows drug court is not the
only expensive county program.

"We have to remember that we are one cog in a much bigger wheel,"
Weir told staffers at a meeting last month.

Many see cost savings

Drug court may eat up a lot of money and resources, but that's money
saved on the back end of the judicial process, many court and law
enforcement officials have said. Such is part of a growing philosophy
in criminal justice that incarceration is not always the best option
for the nonviolent criminal.

"You can get your pound of flesh, but it costs you twice as much to
make your point" with the traditional corrections system, said Kane
County Court Services Executive Director James Mueller. "Yeah, you
locked him up for six months, but then his family's on welfare and
he can't get a job."

Drug court creates a whole different set of challenges for the
state's attorney's office. For staff prosecutors, the job is time
consuming and not glamorous, so it's difficult to find young
attorneys who want to get involved, Barsanti said.

"You join this office to do what you see on TV," Barsanti said.
"That's what you think -- you're going to do these great cases and be
on TV."

But working on the drug court staff is not a ticket to Court TV, he
explained. "You're not going to try those heater cases."

For participants, the biggest challenge is graduating, and graduate
they do, complete with a cap-and-gown ceremony.

One of two ceremonies for 2007 is scheduled later this month, and
about 40 people will be honored.

Drug court is a relatively new concept nationwide, so the real test
will be to look at these graduates years later.

"I think it remains an ongoing analysis as to whether (specialty
courts) are effective to the individual eight or 10 years out of the
program," Weir said.

"It's been an evolving court. I think we learned from the past."