HOLLADAY — Almost a third of Utah's municipal drug courts have closed in recent months, and another was pushed to the brink of a shutdown before being slowly revived.

The state has only a handful of courts for small-time drug and alcohol offenders, but proponents of the system say the smaller municipal courts prevent more dangerous crime and save money because court participants are less likely to re-offend than their parolee counterparts.

Despite stories of successes and changed lives so numerous they could fill several books, Holladay closed its nine-year drug and DUI court at the end of March. Presiding Judge Daniel Gibbons cited new reporting requirements from state court administrators and a change in state laws that disallow pleas in abeyance for DUI offenders as major reasons for the closure.

"I am still a proponent of drug court. Drug court works. It's a marvelous thing," Gibbons said. "It benefits the community. It makes changes in the community. It just is very difficult for a judge on the front lines with no funding and no support."

The Clearfield drug court also is in the final stages of closing for similar reasons. The Davis County court remains open, but its staff will have to attend costly recertification training.

The drug court concept was introduced to the Beehive State in the mid '90s as an alternative to traditional punishment and rehabilitation programs such as prison time and fines. Multiple studies have shown that the new court concept saves money, treats addiction and prevents crime. It requires cooperation between prosecutor, judge, defense attorney, participant and his or her treatment and counseling professionals,

In exchange for a plea in abeyance, participants generally are required to go through a five-step process that starts with intensive drug testing paid by the participant. After months or weeks, the participant moves up through five levels of lessening oversight. Meanwhile, they must attend therapy, pay their fines and do community service in addition to regular drug court hearings with the judge.

"I think it's important because it gives people an opportunity. We're not handling serious charges," said Davis County Judge Jerald Jensen. "I think it's important to address issues with intervention at lower levels."

Assistant state court administrator Rick Schwermer largely agrees that municipal drug courts are good but said they can do more harm than good for low-risk, low-need offenders. Those cases are more likely to pop up in justice courts than felony-level drug courts, of which Utah has several, Schwermer said.

The small courts also have been criticized by participants who went through the system but would have saved time and money by paying their fees and admitting guilt up front.

However, drug court participants such as Thai-speaking Ehsay Moo, 27, are happy with their choice and have learned a lot during their involvement.

"It's really helpful to a lot of people, especially me," Moo said with the help of translator Khaisy Vonarath. "Here, if you do good, they've got to clean out your record at 14 months."

Moo is not a heavy drinker but was caught with alcohol in his system while driving, he said. During drug court, the young immigrant has seen many participants in far worse situations and has learned a lot about problem-solving.

Travis Lightbourne, 22, is a graduate of the Taylorsville drug court, one of the most robust programs in northern Utah.

"When I was in the program, I could see it helped a lot of people," Lightbourne said, but complained that it cost more than $1,000.

And he doesn't believe the program would have much of an impact on the community.

"Probation would have the same benefit," Lightbourne said after an early morning meeting with Taylorsville Judge Michael Kwan over fine payment.

Holladay plans to rely on the probation system to fill the gap left behind by its drug court closure. The main difference will be that criminals won't be accountable in an ongoing way and that treatment providers, judges and attorneys won't work together.

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For the Taylorsville court, the private organization Judicial Supervision Services is the only treatment supervisor available. Like Judge Kwan, Judicial Supervision Services supervisor Karena Jackson is a major proponent of the courts, saying they give addicts and offenders their dignity back so they can become part of their own solution.

"It's about people being accountable and responsible instead of punitive sanctions," Jackson said. "Peers get a sense of the solution. There's no longer, to most defendants, pure punishment."

Municipalities with drug and DUI courts remaining open include Salt Lake City, Riverdale, Taylorsville, Davis County and Salt Lake County.

e-mail: rpalmer@desnews.com

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