Part III of a series on the 52-2 District Court’s Sobriety Court program, The Clarkston News examines how the program works and the people behind it.

BY LAURA COLVIN
Clarkston News Staff Writer
It’s a satisfying night on the job for Deputy Jim Bowie when he can pluck another drunk driver off Clarkston-area roadways.
After years on the job, Bowie, who works out of the Oakland County Sheriff’s Office Independence Township substation, knows too many people still climb behind the wheel after knocking back a few too many drinks.
‘I like making drunk driving arrests,? he said. ‘When an innocent family is driving home from a nice night out, unaware a drunk driver is en route to kill them, it’s satisfying to know I got that person off the road.?
Although public awareness of the problem has increased significantly in recent decades, the 2006 Michigan Annual Drunk Driving Audit reported more than 53,000 intoxicated Michigan motorists were arrested and hauled off to jail in 2005.
The report, complied by the Michigan Department of State Police, states another 440 less fortunate drivers’or their innocent victims’were transported to the morgue, instead, after they were killed in an alcohol or drug related crash.
Of those, 26 died on Oakland County roadways.
But for Bowie, loading an inebriated and often uncooperative individual into the back of his patrol car and making the trip to Pontiac isn’t exactly enjoyable.
The real rewards often come later, he said, sometimes several years down the road, when a former drunk driver approaches to thank him.
‘It’s not putting the handcuffs on and taking them to jail,? he said. ‘The satisfying thing is seeing them turn their lives around.?
Bowie, along with a number of other local police and community leaders, had such an opportunity recently when four men and one woman were honored during the 52-2 District Court’s Sobriety Court graduation ceremony.
The program, specifically developed for individuals convicted of a second-offense drunk driving violation, is modeled after the national Drug Court concept.
Last week’s graduation was the fourth such ceremony to take place since the 52-2 District Court introduced Sobriety Court in November 2004.
All in all, 34 former drunk drivers have graduated the program.
‘We see a lot of the bad things in our daily activities,? said Oakland County Sheriff Michael Bouchard, who gave the keynote address at he Nov. 7 Sobriety Court graduation ceremony in Ortonville. ‘It’s great to see a situation where someone has turned in a different direction, a better direction for themselves, their family and their community.?
Thus far, facilitators say, the recidivism rate for Sobriety Court graduates is zero, while recidivism among second-offense drunk drivers who do time in jail hovers around 80 percent.
In a nutshell, a stint in Sobriety Court lasts 15-24 months and offers participants the opportunity to avoid up to a year in jail’if they adhere to a strict set of guidelines.
First and foremost, participants must refrain from drinking.
The multi-faceted program is facilitated by a team of professionals who work to assist, support and supervise participants as they learn to live without alcohol.
Those familiar with Sobriety Court say it works; it changes lives.
But it’s not easy. Not only must participants overcome the addictions and personal obstacles contributing to their dependent behavior, they must also muddle through difficulties imposed by the court.
The program is expensive, for one thing. Participants must pay all fines associated with the drunk driving charges, as well as all subsequent court fees.
They must also pay for mandatory drug tests and counseling sessions, and all debts must be paid before an individual becomes eligible for graduation.
By the time it’s all said and done, costs usually total $5,000-$7,500.
Participants must also attend 90 AA meetings in 90 days; submit to regular, random drug and alcohol testing report to all scheduled review hearings with the judge, as well as regular meetings with probation officer; maintain full time employment or school; and understand that a probation or police officer may visit the home at any time. Any alcohol or controlled substances found in the home is a violation of program rules.
Transportation, or lack thereof, is another problem.
‘One of the biggest complaints people in the program have is that it’s difficult to get around without a license,? said Carol Pummill, 52-2 senior probation officer and Sobriety Court coordinator.
The district Court, she said, can’t do anything about restrictions imposed by the state, and many are without a license for a long period of time, which makes employment, schooling, family and court responsibilities difficult.
But, she said, the benefits outweigh the drawbacks.
‘We all believe in the program, especially coming off a graduation ceremony,? she said. ‘The judges really care, and that makes a difference. People can’t make it through Sobriety Court without making major life changes.?
The Sobriety Court team, she said, learned about the Drug Court concept and principles as they trained together at both a national and state level. They then worked together to develop the program to fit the needs of the 52-2.
The program is modeled after the Drug Court concept, which, promoters say, recognizes that treating addictions is the best way to reduce recidivism.
But when 52-2 District Court personnel researched the program before its inception, said Judge Dana Fortinberry, it was discovered that, while marijuana is prevalent in the community, alcohol’not drugs’is the larger problem.
One element important to the program’s success, said Fortinberry, is size. With just 60 Sobriety Court slots available?46 are currently filled’neither judge will ever oversee a group larger than 30.
‘Both Judge Kostin and I believe the program needs to be kept small,? Fortinberry said, noting some programs create slots for up to 400 offenders. ‘You have to focus on a few individuals. I couldn’t do what I do at a review hearing if I had that many people.?
Working with a small group, she said, allows the team to become well-aquainted with each participants. The defendants come to realize the team really does want to see them succeed.
‘The reason this program works is we do get to know them,? said Fortinberry. ‘We get to know their ups and downs, their issues and their blessings, and we’re able to utilize all that information to help them. You can’t do that when you’ve got hundreds of people in your program.?
Each person who opts for Sobriety Court over time in Oakland County Jail’and some do, in fact, choose jail’is held to a high standard of honesty and accountability.
While participants are told up front that tardiness, lying, cheating, whining and other behaviors that negate responsibility and accountability are not tolerated, they do occur, especially in the early phases of the program.
When they do, the team discusses the transgression and decides, as a group, how the situation will be handled.
So, while the team gets to know participants and wants to see each individual succeed, the program’s success depends in large part on sticking to the predetermined guidelines.
‘It’s a fine balance,? said Fortinberry. ‘Bottom line, if there is a sanction to be handed out, I’m the person who hands it out. I have to be mindful of that, and I can’t ever let my empathy for one particular defendant overshadow that. It’s a detriment not only to that defendant by to every other defendant who is watching me.?
But with three sons of her own on the road, Fortinberry feels it’s important to do everything possible to ensure the safety of local roadways.
‘If I can get these people sober and create in them a desire to remain sober the rest of their lives,? she said, ‘then I know there’s one less drunk driver that might run into one of my sons’or somebody else’s son or daughter or husband or wife’out on the road one day.?
Each candidate for Sobriety Court undergoes a lengthy evaluation process with Sobriety Court Probation Officer Mark Mathur before he makes a recommendation on whether to admit that person to Sobriety Court.
First, the person must fit standard criteria: participants must have a current charge of OWI, second offense, be free of any violent criminal history and reside within the 52-2 District Court jurisdiction.
Participants also undergo a personal assessment and are asked to divulge personal information as well as family history, alcohol, drug, and criminal involvement in order to determine eligibility for the program.
If they don’t want to answer questions, give history or say they can’t comply with Sobriety Court requirements, Mathur is likely to recommend the person get jail time rather than a shot at Sobriety Court.
‘This population hasn’t had a lot of positive feedback in their lives,? Mathur said. People hear ‘you’re just a nasty drunk, what’s wrong with you? Why can’t you just stop drinking?? Of course they’re going to have a negative reaction to that.?
The Sobriety Court team, he said, takes a different approach by taking an active interest in the progress’or lack thereof’a person is making, and offering positive, consistent support.
To earn the respect he needs to be effective at his job, Mathur operates on a few simple principles: be honest and up front. Don’t say one thing and do something else.
‘I treat everyone who walks in with dignity and respect,? he said. ‘I don’t feel like I’m better than anyone else. We’re all human and we all make mistakes.?
One of the most important tools he brings to the job, Mathur said, is his ability to listen.
‘It’s not just about drinking,? he said. ‘People are also dealing with marital problems, job problems, life problems. If I never ask and I don’t listen when they need to talk about those issues, I’m not going to be as effective.?
Individual and group therapy is another key element, facilitators say.
Joe Shoots, a treatment provider with The Counseling Center, joined the 52-2 Sobriety Court team about 6 months ago, and currently sees nine program participants on a regular basis.
‘It’s important to help people find the humanistic strengths they will need for sobriety,? he said. ‘We want to help them see that they are good people, no matter what they’ve done, and that they can achieve sobriety, they can stop drinking.?
Often, he said, people must learn to counter the negative messages they’ve received again and again.
‘There’s been a lot of doubt cast on their ability to stay sober,? he said. ‘Despite what they may have been told, we help them see those strengths within themselves.?
It’s also important, he said, for clients to know sessions will remain confidential. Although therapists are a vital part of the team approach to Sobriety Court, they don’t disclose in-session details shared by a client, unless there’s a safety issues regarding harm to themselves or others.
Tim Flynn is one of three public defenders who belong to the team and rotate attendance so one is available at each team meeting.
It’s his role, Flynn said, to listen to discussion about each participant and his or her progress in the court while ensuring legal protocol and court policy is followed.
Sobriety Court, he said, is cloaked with the sixth amendment right to counsel, and available to consult with defendants, if need be.
While Flynn said he can’t prevent sanctions from being leveled, but, like the rest of the team, he does have a voice in discussing the sanctions and deciding what penalties a participant will face for a particular infraction.
Flynn, who describes his role in Sobriety Court as a ‘unique professional opportunity,? said that while a person’s dependence on alcohol or drugs is a tired argument outside Sobriety Court, the experience has bestowed him with a better understanding of non-Sobriety Court clients.
Involved with the program since its planning and training stages, Flynn is a staunch supporter of Sobriety Court.
‘This court changes people’s lives, I’m convinced of it,? he said. ‘I’m amazed at the transformations people have made in their lives by the time they get to graduation.?
Watching the process over the last several years, he said, has showed him that while people in the program come from all walks of life, the road they take through Sobriety Court winds through common territory.
‘They look inward for their strength and positive attitude,? he said. ‘They look upon their past behaviors with complete disdain and disgust. I’ve been to four graduations, and I see it over and over. These people are transformed.?