JUDGE QUITS DRUG CASE: BOIE NAMES NEW JUDGE AFTER HALTING HEARING

ANNA -- Like most schools across the nation, Anna-Jonesboro high school has
a zero-tolerance drug policy.

Any student involved in drugs at school will be automatically suspended and
potentially expelled.

But the case involving senior Matt Smith, 18, and his alleged marijuana use
two weeks ago appears hazy to some.

Smith was suspended for 10 days, beginning Dec. 3, after he tested positive
for drug use at the school's medical center. He was scheduled for a school
board hearing on Monday for further discipline, Superintendent William
Schildknecht said.

Yet, Smith and his attorney, William Ballard, think his possible expulsion
is based on an unconstitutional search and seizure.

And that's why a temporary restraining order was delivered 45 minutes into
Smith's hearing Monday.

The order, signed by Circuit Judge Mark Boie, required the hearing
immediately cease until the court can decide if Smith's rights were violated.

The order claims Smith's suspension was "the result of an unreasonable
search and seizure of the body of (Smith)." It also states that "the rules
of submission to testing and suspension have been unequally applied between
students," and that "the search was a targeted search and not a general
search."

It further stated that continuation of the hearing would cause "irreparable
injury."

"This is almost unheard of," Schildknecht said. "We were unable to proceed
with the hearing. Everything's in limbo right now."

What this means for Smith is he's returning to classes, which is critical
with finals next week. He's also on the basketball team, but is not
eligible to play for five games, according to suspension rules. Smith has
served five of the 10 suspension days.

But the case gets more complicated.

Although Boie signed the restraining order, court records state he later
removed himself and assigned Judge Mark Clarke to the case. Court records
don't say why Boie recused himself. He didn't return telephone messages
Wednesday.

A hearing is scheduled Wednesday before Clarke.

Also, Smith's mother is a teacher at the high school. Because of this
connection, Schildknecht said the district took an extra step in protecting
all parties' interests for the disciplinary hearing by asking Murphysboro
attorney Gerald Reed to act as hearing officer instead of the district's
usual attorney. "We wanted someone independent," Schildknecht said.

However, neither Smith, his parents nor Ballard attended the school board
hearing.

State law allows schools to conduct drug searches without search warrants
to maintain order and security, including such places as lockers, desks,
parking lots, other school property and equipment, and personal effects.

School rules state that students have no reasonable expectation of privacy
in these places. They don't mention guidelines for specific searches of a
student's property.

Ballard and Smith couldn't be reached for comment.