Drug Court Comments

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The BatBlog has obtained a copy of the class action suit filed against Clark Co.

 go to  Drug Court Lawsuit

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 I received an interesting comment from an anonymous poster yesterday, he/she brought up some good points that I would like to share then make my comments on it . I want to thank this poster it was a well written, thought provoking post, thanks again for sharing...

Anonymous said...

One problem for the plaintiffs, all were subject to harsher, longer sentences. The end result for these people is their drug court time was cut, their cases dismissed. Example, if the underlying fact is that Destiny Hoffman did violate the terms of drug court, then she rightfully was due to serve years in prison. As it happened, she did 5 months and is out from under the Drug Court obligations. So, how, exactly, was she actually damaged?

Second, Jacobi (according to the reports) is the one who actually started the ball rolling by asking Chief Judge Carmichael to conduct the investigation that revealed the violations. One assumes that by having the findings come from another source than himself he removed any taint of bias that Knoebel might have leveled against him that he was scapegoating her or firing or disciplining her for some reason other than gross mismanagement of the program that was, after all, her direct responsibility. One might reasonably say that Jacobi's only failing was not acting sooner.

As for the 'false arrests'. First, what is the difference to the person arrested if they were arrested by a policeman or by a Court bailiff who, technically, does not have the authority to execute an arrest warrant? I am not sure.

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So, what is REALLY going on? Some jaded observers can't help but notice that this all is emerging in the POLITICAL season. Couple things here, why does the PROSECUTOR get a pass? Aren't they the "Ultimate Law Enforcement Authority" in the county? The Jail issues a population sheet every Monday. Did the Prosecutor's office simply not notice these 'uncharged detainees'? Isn't the purpose of issuing that sheet so that the people who need to know (ie the prosecutor for example) will be cognizant of who is in the clink?)

The way this has been played out in the Media, the prosecutor and some others who one might otherwise imagine SHOULD HAVE KNOWN much earlier are portrayed as "Heroes". How convenient...for them!?
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Lawsuit is interesting too.....interesting that all those named ....do not include the Drug Court Board. Yeah, the prosecutors and defense lawyers and others who were supposed to direct the activity of the Drug Court. Weren't they supposed to be overseeing the Drug Court? Why have they been given a pass from being sued in Federal Court? Why hasn't the media even told us WHO they are?

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First of all good post and I agree with a lot of what you said especially the part concerning the prosecutor's office and the Drug Court Board. Why were they seemingly given a pass in this whole affair ?? If I were the attorney for the plaintiffs, I would be including both the prosecutor and the board in the lawsuit. having them share in the culpability of the wrongs allegedly done to these alleged victims. Show the whole system from judge, corrections, and prosecutor failed to do the proper thing and were negligent. I would think that would only help their class action suit.

Where I disagree is you seem to minimize the damages inflicted upon the victims per your example of Ms.Hoffman. I believe she was found to have submitted a urine sample that was questionable, not positive. While not knowing the details of her sentencing, I hardly think that would precipitate "years in prison" as you stated. Also don't forget she was allegedly not allowed counsel to represent her and no hearing ever occurred. This is a basic rights violation.of rights guaranteed by the Constitution. Also we can't have just any bailiff or other court employees going around and making arrests, there is a procedure and system in place for making arrests and supposedly it was not followed in this situation.

Finally you seem to give Judge Jacobi a pass in this situation because he initiated the investigation. I' m not buying that, he may have been initiating the investigation only to cover his ass . I just have a hard time believing he wasn't aware of what his employees were doing. I think he may have hired the investigator just to make it appear he wasn't aware after the alleged violations occurred and knowing the story was coming out. I could be wrong but I just don't see an employee of a judge not following the judges lead on how to conduct and administrate a program like this.  

I do have a question for our legal minds out there. If criminal charges are filed against any of Judge Jacobi's employees could he be compelled to testify ??? Or does his immunity extend to testifying ???

Also could he be compelled to testify in civil court ???