SENATE RESOLUTION NO. 26

(By Senators Trump, Carmichael, Laird, Kessler, Palumbo, Plymale, Stollings, Walters, Yost, Prezioso, Williams, Miller and Unger)

Designating February 10, 2015, as “Drug Court Day”.

            Whereas, The Legislature recognizes the considerable contributions of drug courts to the State of West Virginia; and  

            Whereas, The first adult drug court was established in the Northern Panhandle in 2005 under the leadership of First Judicial Circuit Judge Martin Gaughan and then-First Circuit Chief Probation Officer Jim Lee. The late Second Judicial Circuit Judge John Madden served as drug court judge in Marshall County. Magistrates David Buzzard of Marshall County, Charles Murphy of Ohio County, William Hicks of Hancock County and the late Deborah Lunsford of Brooke County acted as drug court magistrates; and

            Whereas, The first Juvenile Drug Court was established in 1999 in Cabell County, ran for six years and was reestablished in 2007 under the leadership of Sixth Circuit Family Court Judge Patricia A. Keller; and

            Whereas, Supreme Court Justice Brent D. Benjamin has shown vision and leadership as he has promoted the statewide development of drug courts since his election in 2004 and especially during his years as Chief Justice in 2009 and 2013, attending graduation ceremonies at every drug court in West Virginia; and

            Whereas, Governor Earl Ray Tomblin’s consistent, influential support of the expansion of drug courts throughout the state, first as Senate President and, subsequently, as Governor, has been a strategic part of the program’s success; and

            Whereas, Rigorous evaluation and research has demonstrated that where adult drug courts are implemented consistent with models and procedures developed based on objective studies, they significantly reduce recidivism and substance abuse among high-risk substance abusing offenders; and

            Whereas, Adult drug courts that are properly implemented increase the likelihood of successful rehabilitation while simultaneously reducing the cost to the public below the historic costs of addressing these problems in the criminal justice system; and

            Whereas, The goal of juvenile drug courts is to intervene early in the life of a young person to prevent future involvement of that young person in the court system; and
            Whereas, In 2009, the West Virginia Legislature passed the West Virginia Drug Offender Accountability and Treatment Act (W.Va. Code §62-15-1, et. seq.), which codified adult drug courts in West Virginia and which left the administration, control and responsibility for drug courts, mental health courts and other problem-solving courts within the purview of the Supreme Court of Appeals; and

            Whereas, In 2011, the West Virginia Legislature passed the West Virginia Juvenile Drug Court Statute (W.Va. Code §49-5-2b), which codified juvenile drug courts in West Virginia and which left the establishment of procedures and forms and the appointment of juvenile drug court judges within the purview of the Supreme Court of Appeals; and

            Whereas, In 2013, the West Virginia Legislature passed the Justice Reinvestment Act (W.Va. Code §62-15-4(a)), which requires all judicial circuits to participate in an adult drug court or regional adult drug court program by July 1, 2016; and

            Whereas, There are currently 24 adult drug court programs serving 40 counties and 16 juvenile drug court programs serving 20 counties; and

            Whereas, There are expected to be 1,000 drug court graduates by the end of 2015; therefore, be it

Resolved by the Senate:

That the Senate hereby February 10, 2015, as “Drug Court Day”; and, be it

Further Resolved, That adult and juvenile drug courts save lives, restore families and are a prudent use of state resources; and, be it

Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to the Governor, the Chief Justice of the Supreme Court of Appeals and the Administrative Director of the Courts of West Virginia.