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Vernon County recovery court's 38th graduation
"With tonight's four graduates -- Webb Cartwright, Kami Shepherd, Seth Dowty and Guthrie Jones -- the total number of graduates from the Vernon County Adult Recovery Court stands at 93," said James Bickel, circuit judge for the 28th Judicial Circuit, during Tuesday's graduation ceremony. Bickel presides over the recovery court.
Delivering the graduation address in Nevada's circuit courtroom, Bickel relayed to the audience of 40 some sobering statistics.
"Eighty percent of all felons in our jail are there due to illegal drugs," said Bickel. "Seventy percent of all those who spend time in jail for that offense end up being re-arrested."
"Waging the war on drugs as if it is predominately a criminal problem has been the most costly and least effective method to tackle the very real problems we are facing as a society," said Bickel. "We've been tough on crime but we sure haven't been smart on crime. Recovery court is being smart, not just on crime, but with people's lives."
Prior to the ceremony, graduates were asked about the program.
Said Guthrie Jones, "In the beginning, it was really hard just to make it through the day, both because of coming off drugs and because of the heavy schedule they have you doing so you stay out of trouble and change the way you think."
"I learned what the word integrity means," said graduate Webb Cartrwright. "Integrity means doing the right thing even when no one's watching you."
Seth Dowty, another of Tuesday's graduates said, "I never liked change but going through this program has taught me to be comfortable with change and learn how to cope with things as they come in literally everything in my life."
All three expressed gratitude for "giving them their life back."
Circuit Court Judge C. David Darnold, Bickel's predecessor, was the one who first learned of and applied to the state for establishing a recovery court in the 28th Judicial Circuit.
"I served for a while on the Presiding Judges Executive Committee which consists of the heads of court in St. Louis, Kansas City, Springfield and three or four rural circuits," said Darnold. "We'd meet with the Chief Justice of the Missouri Supreme Court and the state courts administrator and I think that's where I first heard about drug court and its approach."
The first recovery court was established in Dade County, Fla., by Janet Reno, who later became U.S. Attorney General.
"The first drug court in Missouri was organized by then county prosecutor and now U.S. Senator Claire McCaskill," said Darnold. "In a meeting I attended of judges and prosecutors, I learned more about the model and how it actually works."
"I am not a 'touchy-feely' person but when the drug cases I was getting went from marijuana use to methamphetamines, I knew we needed to try something else and so I began to put together the committee and then apply for state funding," said Darnold.
The oversight committee was recruited, funding was in place and the then Vernon County Associate Judge, Gerry McBeth, had been recruited to oversee the program, but then one unforeseen thing occurred. Judge Darnold lost re-election to one James Bickel. In January 2001, Judge Bickel went ahead with the plans of Judge Darnold with the lone change of setting himself as the judge in charge.
"Currently, Missouri has 153 such treatment courts with some 15,000 graduates," said Bickel at the graduation. "That's enough to fill two Missouri state prisons. Instead of draining our tax coffers, those graduates are tax payers."
In an interview on Aug. 31, in his office, Judge Bickel said that beyond the 93 that have successfully completed adult recovery court in Vernon County, there have been five graduates in Dade County, 40 in Cedar County and 57 in Barton County for a total of 195 graduates in the 28th Judicial Circuit.
And the success rate among those accepted into the program?
Said Bickel at the graduation, "Nationally, 55 to 60 percent of all who are enrolled in recovery courts succeed while 40 to 45 percent fail. While in our program, I am pleased to say that due to the hard work of the participants, staff and tracker, only 32 percent wash out which means our program has a success rate of 68 percent."
Entry into recovery court occurs when an individual is formally nominated by the county prosecutor and a letter is sent to Judge Bickel. If he approves, the name is brought to the adult recovery court committee which consists of 28th Circuit Courts Administrator, Dave Heumader, the sheriff and police departments, county clerk's office, defense attorney, Pathways, Center for Mental Health Counseling as well as the offices of probation and parole, county prosecutor, community service and juvenile office.
As Bickel said in the August interview, "Over the years, the most common criticisms against the recovery court model come from two extremes. One says, 'The war on drugs has failed so we should legalize drugs and that would reduce crime.' The other criticism says, 'Drugs are illegal and recovery court is being soft on crime. We need to build more prisons, lock up the criminals and throw away the key.'"
Bickel thinks both are wrong.
"Legalization doesn't solve addiction," said Bickel. "A drug addict can't hold a job and certainly doesn't pay taxes. An addict makes a terrible spouse and an even worse parent. About the only thing an addict contributes to is the crime rate. Because, if you can't hold a job, even legal and relatively cheap drugs will cost too much and people will resort to crime."
For those who think recovery courts are being soft on crime, Bickel points out that the fastest anyone completes the program is 18 months and most take two years or more with a number of relapses along the way.
"I think most people would resent having to attend classes and counseling most every day, submit to random checks and urine samples day and night, all of which, leaves little time for much of a personal life," said Bickel.
And because a conviction was already obtained prior to the person's entry into the program, if anyone is terminated from the program, the conviction stands, the judge issues a sentence and the person begins a prison term.
Writing in the April 2010 issue of Missouri Lawyers Weekly, Douglas B. Marlowe, J.D,, Ph.D., wrote, "Scientific studies have confirmed repeatedly that Drug Courts reduce crime, reduce substance abuse, improve family relationships, and increase employment and school enrollment. No other correctional rehabilitation program has nearly as much evidence supporting its effectiveness or cost-effectiveness as Drug Courts."