on
until their case was actually heard. The carrot-and-stick message
wasn't getting across, at least not in English.
To
her credit, Mundell took special ownership of the "DUI courts",
by which she monitors the progress, or lack of it, among the probationers.
The results are encouraging.
According
to statistics furnished by the court, the Spanish DUI "court"
participant is more likely to graduate than participants in the
mainstream court.
Remember,
the purpose of this program is to drill into offenders the gravity
of DUI and to turn their lives around so they won't do it again.
The
goal is greater public safety, not just for Spanish speakers but
for everyone in Maricopa County.
For
the average taxpayer and resident, that's a good thing.
Nevertheless,
Thomas is convinced the very existence of the Spanish-speaking
process creates a segregated court system and is an affront to
the U.S. Constitution, due process, the First Amendment and the
equal protection clause of the 14th Amendment.
But
here's what he needs to consider about the DUI Spanish-speaking
"court":
It's not a court of record. There are no trials, per se. It's
an administrative process, part of probation, part of the sentence
handed down by the original court, which is conducted in English.
The programs were established through grants from the National
Highway Traffic Safety Administration and the U.S. Department
of Health and Human Services, presumably vetted through their
legal departments. The programs are designed to reduce repeat
DUIs, not create a separate justice system.
The process is designed to communicate more effectively with
the participants and is identical, except for the language of
the participants, as the regular DUI court. There are headsets
and translations available for the non-Spanish speakers attending
the sessions.
Prior to conviction, the Superior Court handles all the defendants
equally, in English-speaking proceedings with translators available.
All participants choose which program, English or Spanish, they
want to be part of. There is not a question of special benefits
or unequal access to justice.
The special DUI court is a practical and cost-effective way
of administering the process by placing all Spanish speakers
in one place, where they understand better what's happening.
Our
take: The court's Spanish-speaking DUI program is a pragmatic
solution to the problem of drunken driving. The primary beneficiary
is public safety.
Let's
assume, for the sake of argument, Thomas' ill-conceived crusade
is successful. That the "courts" were abolished to avoid
a political battle.
Andrew
Thomas would have his attention-getting headlines.
But
Maricopa County residents would be at greater risk.
It's
not a fair trade.