In our continuing series with the Honorable Judge Joseph Trout, we now get to the topic of drugs and the courts. As you saw initially, Judge Trout stated the drug issue in Clay County has gotten worse and what surprised me most was the conviction (pardon the pun) and compassion this man showed to me while discussing this issue. I expected him to be very hardened about this issue with as much as he sees on a daily basis, but I was wrong. Though not soft on the sentencing and not an easy mark for the repeat offender, Judge Trout has a heart that feels and a mind that sees the destruction drugs have reaped upon this county, this state and our country as a whole.

I asked him specifically about drug offenses and I will as last time, give you direct quotes from him. Some of the questions I asked were about repeat offenders, crimes resulting from or in the commission of getting drugs, also about how the court system helps a drug offender who really wants it. (Notice I didn't say needs it for they all need it but they have to WANT it to stay sober.)

I asked Judge Trout what the typical type of drug case he sees most often in his courtroom outside of possession.

"I have had manufacturing come in along with dealing that could be an actual transaction and/or it could mean you have been found with a lot of methamphetamine. Other circumstances of the crime could lead a jury to find that you possessed with intent to deal."

The next scenario I tossed out was a felony, first time offender for distribution comes into his courtroom and what happens? I also asked him if there was a difference between being brought in for marijuana versus meth.

"Oh yes! First of all, dealing meth is a much more serious crime due to the class of the drug and due to legislature."

He then asked me, "Do you know how many cocaine cases I have had come in front of me in two years?" I replied with a guess of about 20.

His answer: "Two."

He goes on: "Do you know how many meth cases I have had come in front of me? All of them. I have a few people who like to smoke marijuana, I have one guy who's actually a serious marijuana dealer, but marijuana is not our problem. Yes, it's illegal, those people will be punished according to the law if found guilty but our problem that we have got to get a hold of is meth."

"I have never had a meth dealing case go to jury trial yet, but I have had open plea cases come before me. Usually what the State will do if it's a first offender, they will dismiss the dealing case and proceed on the guilty plea for possession. That person is then sentenced usually somewhere between the advisory four to the maximum eight years depending on what other crimes they have committed or whether I truly believe they will be a re-offender."

So what about that second offense? Let's say possession once again.

"They will get above the advisory sentence on the possession again and closer to the maximum amount of time in the Dept. of Corrections."

Now this person has done their time, complied with a drug rehabilitation program and successfully completed their probation with all fines paid. One day, you see them in front of you again. This is now their third offense. What happens?

"It's hard to sentence someone on a hypothetical."

This was what I hoping to hear him say! In case you don't pick up on it, he is refusing to offer a "cookie cutter" sentencing routine. Again, you are shown an example of how a Judge takes into consideration that while this would be a third offense, the offender completed the rehabilitation program, and showed responsibility in the payment of fines and costs.

Consider this, what if this drug user went on a one-time bender and got arrested for possession once again for a very small amount? Should they be thrown away in the prison system forever no excuses or would you prefer a Judge to not have any preconceived notions on how they would deal with the situation until confronted with it? Personally, I like hearing that with all the bad Judge Trout sees on a daily basis; his heart and mind remain open. I certainly don't know if I could be so open.

I found the fact that each case before Judge Trout is truly individual and there is no set sentences therefore disallowing any kind of judicial bias to occur. For those who have ever wondered if Judge Trout is allowed to have an automatic sentence for each case that enters his courtroom, the answer is absolutely not. It is illegal.

"Even if someone would be convicted for possession in lieu of dealing the first time, they would get the advisory sentence or above and that is still a substantial sentence for a first offense, but you have to consider too that the State dismissed the dealing to get too the possession as well."

"Then if they came back for a lesser charge such as possession for it is a lesser to dealing, that is the second felony offense, they would probably get above advisory, below maximum sentence. Third offense? There have been times that I've told the Prosecutor that I reject the agreement because I won't accept anything less than crime charged, the dealing. If you have proven you are a dealer, then you have to stand trial on that dealing charge, you will not get a lesser charge."

"On the other hand, you have to look at every individual and see how hard they are trying. This is most addictive drug ever. The Director of the CLIFF program will tell anyone that this drug is no less than 10 times more addictive then cocaine."

"I have read in the paper where people say if you just put them in jail that will stop them, but that isn't true, we've experienced that time and time again in my courtroom. I can put them in the DOC for 18 months, they get out and go right back to it. Some are going to learn their lesson and some are going to go right back."

"What I really need on somebody who has a serious problem and is a repeat offender is the amount of time it would take for them to get through the CLIFF program in prison, because that seems to me, is the only thing that is curing these people. You get them away from drugs because they are incarcerated. You give the time, at least 15 actual months, which with community transition you have to give them at least a four-year sentence to complete the program and I recommend to the DOC that they go to that program and I have seen some pretty significant success with that."

"The punishment should always fit the crime. However, the crime isn't only what's in the paper, the crime is not just the charging information. I could steal a stick of gum and be charged with theft or I could take everything you own and be charged with theft and those aren't the same two crimes. They look like it, but they're not."

Judge Trout off record was very candid with me about how much he hates the drug meth and the sadness it brings his heart to see wonderful men and women be literally drug down to nothingness. He spoke strongly not only of the need for continued treatment for drug addicts but treatment as well for the families that are torn apart by drug addiction. This appeared to be the one issue that just broke the man's heart. He is a compassionately kind man with a good heart and sharp wit that sees the worst that can be seen in people and what harm can be done to others via crime. He is upfront and charismatic while maintaining the strong backbone he possess' with a fairness that is not only required but a given.

Stay tuned as next time we will explore the topic of bond amounts, the total cases that face the courts on a daily, weekly and yearly basis as well as a financial breakdown of just what it does cost for those jury trials.

On a side note, check out this website and make sure your kids are with you when you do: http://www.drugfree.org/Portal/DrugIssue...

Good reading for those not aware of meth basics and what to look for if you think someone you know and love is using it: http://www.drugfree.org/Files/Meth_Fact_...

Stay tuned...

Karen Meister can be contacted at: ksframeofmind@yahoo.com