Drug courts
evade pitfals
Wednesday, September 30, 2009
RON SYLVESTER
The Wichita Eagle
Wichita has avoided most of the traps in its drug courts that are
plaguing similar programs nationwide, local judges and lawyers said
Tuesday.
Those involved in drug courts in
Wichita and Sedgwick County District Court said they see little in
common with the problems pointed out Tuesday in a two-year study by
the National Association of Criminal Defense Lawyers.
That study concluded that such
problem-solving courts have weakened the role of lawyers to
represent defendants and forced the accused to give up their rights.
Drug courts provide an alternative to
jail for people who have substance abuse problems.
The defense attorney who represents
clients in Sedgwick County drug court says he doesn't feel like he
plays a diminished role.
"Our drug court is unique in that a
defense attorney is always a part of the team," said attorney John
Sullivan.
Sullivan said he has argued against
people being released from the program and won.
"If he's supposed to be quiet, no one
has told John about it," said Judge Joe Kisner, who presides over
the drug court.
Part of the difference is that
Sedgwick County's drug court was developed with the help of criminal
defense lawyers in Wichita.
Lacy Gilmour, a public defender, and
Jim Pratt, who works for the law
firm of Monnat & Spurrier,
served on a commission that made the rules.
"We actually had two defense
attorneys and one prosecutor," Kisner said. "We included the defense
from day one."
That's not the case nationwide, the
study said. Many of the 2,100 drug courts that have been established
in the past 18 years were put together by prosecutors, the study
said.
The discrepancies between drug courts
in Wichita and elsewhere in the country is part of the problem.
"There are no uniform standards,"
Cynthia Orr, president of the National Association of Defense
Lawyers, said Tuesday.
Sedgwick County's drug court is a
voluntary program for people who are already on probation for a
felony and have violated the conditions of their release because of
a substance abuse addiction.
"We are taking the ones we believe
are higher-risk felons," Kisner said. "They are already on
probation, had at least one probation violation and are headed back
to jail."
The main requirement in Sedgwick
County is that defendants remain on probation, so they will be free
to receive treatment.
Currently, drug courts run for
misdemeanor offenders in the city of Wichita and for convicted
felons in Sedgwick County are one of the few ways people who can't
afford treatment can get it.
"As long as these cases are being
funneled into the criminal justice arena, courts and judges will be
looking for ways to effect the best outcomes for the defendant and
the community at large," said Wichita Municipal Judge Bryce Abbott.
"Right now we are experiencing the best outcomes in our community
through the use of specialty courts."
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