Judge: alcohol & drug program can’t replace drug court

 TERRE HAUTE, Ind. (WTHI) – Judge Michael Rader found himself back before television cameras on Thursday, calling a news conference to clear up what he called “misinformation.”

“I just want to make sure the public gets the fact,” said Judge Rader.

He said he heard about restructuring, specifically how the needs of drug court can be met by the county’s alcohol and drug program. Judge Rader said that program cannot replace drug court because it’s not certified by the state judicial council.

A judge may send a defendant to the alcohol and drug program as a condition of sentencing.  In other words, the defendant has already been convicted and that record cannot be easily erased.

Drug court hears drug possession, minor drug dealing, and drunken driving cases. In order to get in, a defendant must plead guilty as charged. But he or she is not immediately sentenced, nor is a judgement of conviction rendered.  That’s set aside allowing the defendant time to get clean.  And Judge Rader says it’s for as long as it takes.

“If they’re successful, we dismiss the charges,” said Judge Rader. “There is nothing equivalent that can be done in a non-certified program.”