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TV drug court raises ethical concerns

Jenny Montgomery
October 12, 2011
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MontgomeryNewsAnalysisOn Sept. 26, the National Association of Drug Court Professionals released a position statement about the new television show, “Last Shot with Judge Gunn.” The group is opposed to the new syndicated show on the FOX network for several reasons, but among its chief complaints are that the judge on the show has no real authority and the defendants have already been sentenced to probation, but are not active participants in drug court. The association also claims that the show is misleading and potentially damaging to people who are struggling to overcome addiction.

Mary Ann Gunn is the latest in a long line of TV “judges” who dish out down-home legal advice. But unlike some of her predecessors, Gunn isn’t dealing with cases involving bad dogs, bickering roommates or damaged property. Gunn – who stepped down from the Arkansas judiciary this summer – features real-life drug and alcohol offenders on her show.

Each 30-minute episode is purported to show drug court proceedings. But the offenders on the show are on probation, not active participants in the drug court program. If they were in the program, they’d likely be on the path to recovery already, as part of a strict rehabilitative structure that is inherent to how the state’s drug courts operate. Most drug court treatment programs in Arkansas last an average of 18 months.

For Gunn’s show, bailiffs and other legal professionals earn extra income by reprising their real-life roles in a rented courtroom on Saturday mornings. The Arkansas Dept. of Community Corrections, whose officers oversee people on parole and probation, originally said its employees could participate in the show. Arkansas DCC spokeswoman Ronda Sharp told Indiana Lawyer that after receiving many phone calls from the public, “… it became apparent that the situation was terribly confusing to the public and would be confusing for offenders.” For that reason, DCC leadership decided to prohibit employees from being on the show.

“Offenders might face a situation of seeing their officer and not knowing whether the officer was an officer at that point or acting as an officer. The possibility for confusion was too real and could potentially cause problems for offenders and officers alike,” Sharp said.

Gunn, a former Washington/Madison County drug court judge, sought an opinion from the Arkansas Judicial Ethics Advisory Committee in 2010 about whether she could broadcast drug court proceedings nationally. In issuing its opinion, the ethics committee wrote that the state Supreme Court should consider reviewing Administrative Order No. 6 to determine whether drug court proceedings should be broadcast, as Gunn had been doing for years via public access station Jones TV.

The Supreme Court modified Administrative Order 6 to specify that drug court proceedings should not be broadcast. And two men who successfully completed the drug court program filed a lawsuit on Aug. 11 against the state and Jones TV. In William Garrison and Joshua K. Thompson v. State of Arkansas and Jones TV, No. CV11-2388-4, the men claim that one condition of their participation in drug court was that the charges would be dropped, and records concerning the drug offenses would be sealed. They claim producers for Gunn’s show are now using actual footage from her former court to promote her program, and that even when drug court participants objected to being filmed, filming continued. Footage from Gunn’s real-life courtroom broadcasts is still available on YouTube. Garrison and Thompson are seeking to have all recordings from Gunn’s former court sealed. On Sept. 22, Arkansas Business reported that Jones TV would permanently go off the air as of Sept. 30 because of “challenging economic times.”

Marion Superior Judge Jose Salinas presides over drug court in Indianapolis. He said that while each state may follow different models for its drug court programs, he thinks that any broadcast from drug court would be – and should be – boring. In his court, any contentious issues are settled in private, when he meets with the prosecutor, defender and caseworkers to discuss how all drug court participants are proceeding through the program. And in the courtroom, Salinas calls participants to the bench one at a time, speaking to them in hushed tones to explain what was decided in his chambers. When the defense or prosecution approaches the bench, they do the same. No one yells at each other or attempts to embarrass program participants by chastising them.

In its 2010 opinion, the Arkansas Judicial Ethics Advisory Committee wrote: “One purpose of drug court is to avoid a conviction and the notoriety that comes with the conviction; to turn around a person and to get this issue behind him or her. In this modern media culture once the taping is done and it’s released into the public domain, it is there forever and can come up from time to time during the defendant’s entire life.”

By ignoring that opinion, Gunn has obviously ruled in favor of fame over protecting people from harm. After all of her years on the bench, she should know that people who enter the legal system as a result of drug and alcohol abuse are often struggling with serious emotional issues. While the show pays these people to appear – and for their eventual treatment – one has to wonder what the long-term effects of their uncomfortable celebrity status will be.•

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  1. A traditional parade of attorneys? Really Evansville? Y'all need to get out more. When is the traditional parade of notaries? Nurses? Sanitation workers? Pole dancers? I gotta wonder, do throngs of admiring citizens gather to laud these marching servants of the constitution? "Show us your billing records!!!" Hoping some video gets posted. Ours is not a narcissistic profession by any chance, is it? Nah .....

  2. My previous comment not an aside at court. I agree with smith. Good call. Just thought posting here a bit on the if it bleeds it leads side. Most attorneys need to think of last lines of story above.

  3. Hello everyone I'm Gina and I'm here for the exact same thing you are. I have the wonderful joy of waking up every morning to my heart being pulled out and sheer terror of what DCS is going to Throw at me and my family today.Let me start from the !bebeginning.My daughter lost all rights to her 3beautiful children due to Severe mental issues she no longer lives in our state and has cut all ties.DCS led her to belive that once she done signed over her right the babies would be with their family. We have faught screamed begged and anything else we could possibly due I hired a lawyer five grand down the drain.You know all I want is my babies home.I've done everything they have even asked me to do.Now their saying I can't see my grandchildren cause I'M on a prescription for paipain.I have a very rare blood disease it causes cellulitis a form of blood poisoning to stay dormant in my tissues and nervous system it also causes a ,blood clotting disorder.even with the two blood thinners I'm on I still Continue to develop them them also.DCS knows about my illness and still they refuse to let me see my grandchildren. I Love and miss them so much Please can anyone help Us my grandchildren and I they should be worrying about what toy there going to play with but instead there worrying about if there ever coming home again.THANK YOU DCS FOR ALL YOU'VE DONE. ( And if anyone at all has any ideals or knows who can help. Please contact (765)960~5096.only serious callers

  4. He must be a Rethuglican, for if from the other side of the aisle such acts would be merely personal and thus not something that attaches to his professional life. AND ... gotta love this ... oh, and on top of talking dirty on the phone, he also, as an aside, guess we should mention, might be important, not sure, but .... "In addition to these allegations, Keaton was accused of failing to file an appeal after he collected advance payment from a client seeking to challenge a ruling that the client repay benefits because of unreported income." rimshot

  5. I am not a fan of some of the 8.4 discipline we have seen for private conduct-- but this was so egregious and abusive and had so many points of bad conduct relates to the law and the lawyer's status as a lawyer that it is clearly a proper and just disbarment. A truly despicable account of bad acts showing unfit character to practice law. I applaud the outcome.

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