August 24, 2006

ID: drug court or due process - choose one

From KTVB:

Drug Court not bound by traditional due process rules

The Idaho Court of Appeals has ruled that drug court defendants can be booted out of the program at the judge's discretion, without evidentiary hearings or other criminal due process procedures...

The opinion, State of Idaho vs. Paul Rogers, is available here (pdf file).

Big A & C kudos go out to Judge Karen Lansing for a dissent which name-checks the phrase that pays:

The majority’s holding that pre-termination due process is unnecessary... is unsatisfactory for a number of reasons. First, by requiring no process before the drug court expels a participant, the majority’s approach allows termination based on nothing more than unsubstantiated allegations or rumors or simple animus. In other words, it allows drug courts to initially terminate participants capriciously, on little or no grounds, leaving it up to the terminated participant to bring a post hoc challenge to the termination. I do not imply a view that the drug court in this case acted arbitrarily or capriciously; I merely point out that the majority opinion imposes no standards or procedures that would protect against it.

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