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Wrong turn on DUI courts

With all the crime and legal challenges Maricopa County Attorney Andrew Thomas faces in his job, it is both curious and disappointing that he is directing so much firepower at a nationally recognized rehabilitation and probation program.

With an apparent eye to capturing headlines, Thomas has taken aim at a highly successful program run by the Maricopa County Superior Court and its chief presiding officer, Judge Barbara Rodriguez Mundell.

Thomas has called on Mundell to abolish the Spanish-speaking version of the program and one set up for Native Americans. He has threatened a lawsuit to abolish them.

That's just what we need: a costly lawsuit pitting the County Attorney's Office against the Superior Court, one of the most admired court systems in the country.

Here's some background and why Thomas is wrong on this issue:

The program under fire is called "DUI courts," but that's a misnomer, one that Thomas and his staff should recognize. This is a post-conviction, post-sentence probation and rehabilitation program.

More precisely, it's an administrative process to monitor people convicted of repeat or serious drunken-driving charges. The purpose: to reduce repeat DUIs through regular contact and progressive penalties.

The Maricopa County program was established through a federal grant in 1998. These specialty "courts" are empowered, by the original sentencing judge, to place additional requirements on the offenders.

The DUI felons could be required to undergo counseling, wear ankle bracelets or attend Alcoholics Anonymous sessions.

The Spanish-speaking version of the program was established in 2002. Here's why: In the early years, the mainstream DUI court was not working so well for Spanish speakers, who really didn't know what was going

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on until their case was actually heard. The carrot-and-stick message wasn't getting across, at least not in English.

To her credit, Mundell took special ownership of the "DUI courts", by which she monitors the progress, or lack of it, among the probationers. The results are encouraging.

According to statistics furnished by the court, the Spanish DUI "court" participant is more likely to graduate than participants in the mainstream court.

Remember, the purpose of this program is to drill into offenders the gravity of DUI and to turn their lives around so they won't do it again.

The goal is greater public safety, not just for Spanish speakers but for everyone in Maricopa County.

For the average taxpayer and resident, that's a good thing.

Nevertheless, Thomas is convinced the very existence of the Spanish-speaking process creates a segregated court system and is an affront to the U.S. Constitution, due process, the First Amendment and the equal protection clause of the 14th Amendment.

But here's what he needs to consider about the DUI Spanish-speaking "court":

• It's not a court of record. There are no trials, per se. It's an administrative process, part of probation, part of the sentence handed down by the original court, which is conducted in English.

• The programs were established through grants from the National Highway Traffic Safety Administration and the U.S. Department of Health and Human Services, presumably vetted through their legal departments. The programs are designed to reduce repeat DUIs, not create a separate justice system.

• The process is designed to communicate more effectively with the participants and is identical, except for the language of the participants, as the regular DUI court. There are headsets and translations available for the non-Spanish speakers attending the sessions.

• Prior to conviction, the Superior Court handles all the defendants equally, in English-speaking proceedings with translators available.

• All participants choose which program, English or Spanish, they want to be part of. There is not a question of special benefits or unequal access to justice.

• The special DUI court is a practical and cost-effective way of administering the process by placing all Spanish speakers in one place, where they understand better what's happening.

Our take: The court's Spanish-speaking DUI program is a pragmatic solution to the problem of drunken driving. The primary beneficiary is public safety.

Let's assume, for the sake of argument, Thomas' ill-conceived crusade is successful. That the "courts" were abolished to avoid a political battle.

Andrew Thomas would have his attention-getting headlines.

But Maricopa County residents would be at greater risk.

It's not a fair trade.

This information is courtesy of http://www.azcentral.com/

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DISCLAIMER:   The foregoing is not to be construed as legal advice to or for any specific individual. Always seek the advice of counsel for specific legal problems.

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