Cuffing or Clapping Hands in Drug Court

An offender in his courtroom could expect anything from applause to handcuffs. Judge Jeffrey Merrill presides over Onondaga County Drug Court, a system he calls a "second chance" for drug related offenders. Forty-nine appeared before him in a Syracuse Public Safety Building courtroom Tuesday afternoon.

"How dumb can you be?" Judge Merrill asked, pointing his finger down at a man caught breaking the rules.

With a new offender called, the judge's demeanor quickly changed. "My heart goes out to you," he told her. "I know everything will fall into place when you follow the path we have set out for you."

This path he sets out for drug offenders takes about a year to complete.

If defendants sign contracts agreeing to join Drug Court, they have regular group sessions where the staff monitors their progress, taking into a account attendance, enthusiasm, and sobriety. Judge Merrill gives them court appointments about once a month to continually monitor their status.

For good behavior, Judge Merrill smiles and leads a round of applause that attorneys and fellow offenders join.

For failing drug tests, poor attendance or bad attitudes, the judge imposes weekend sanctions as punishment. Offenders are handcuffed and taken to jail, where Judge Merrill says they often have an "epiphany" and realize they must change their ways.

If a defendant "graduates," and Program Coordinator Kim Kozlowski estimates that six of ten do, all charges are cleared and the case is dismissed.

"You have a great opportunity here," Judge Merrill smiled and said to a defendant about to join the Drug Court program.

"This is a character test," the judge said. "You're either going to pass or fail."