Defense lawyers urge overhaul of drug courts

A national group of defense attorneys says low-level drug offenders deserve treatment in the public health sector without being penalized by the criminal justice system.

That position was put forward in a report released Tuesday by the National Association of Criminal Defense Lawyers, which spent two years dissecting drug court programs nationally.

"Drug abuse is a community problem, not a problem for the courts," Cynthia Orr, president of the lawyers group, said in a conference call with national media. "It's cheaper and smarter to get low-risk offenders out of the courthouse and into treatment."

Flunking out of a program often means defendants face tougher sentences than if they not sought help at all, said Rick Jones, a board member for the lawyers group who served on the task force.

The group says defendants shouldn't have to plead guilty to receive treatment.

The first drug court was started in Miami-Dade County in 1989 in response to the country's drug-related crime epidemic. More than 2,100 such courts exist today in almost every state.

Jim Downum, Hillsborough County's drug court coordinator, read the report and said he disagrees with its overall premise.

He said the program in Hillsborough works.

"You design your drug court so it fits the needs of your community," he said. "You have people with substance abuse issues. That may be a public health issue, but they've broken the law to get here. The legal system has to run its course as well."

Like Hillsborough, Pinellas County's drug court team consists of judges, prosecutors, public defenders and treatment providers who give input on policies.

Pinellas drug court Judge Dee Anna Farnell said their program is routinely evaluated. Burglary suspects were once ineligible for treatment. But Farnell said administrators realized defendants steal to support a habit. They now get treatment.

As a former member of the defense lawyers group, Farnell said she saw both sides to the group's recommendations and planned to read the full report.

"We always welcome input from the defense bar," she said.

Kevin Graham can be reached at kgraham@sptimes.com or (813) 226-3433.