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| 17 October 2000 - The San Diego Union-Tribune Judge goes against his, colleagues with views on Proposition 36 By Mark Sauer VISTA – "Me? I'm the maverick? Let me show you something." Judge David Ryan hustles over to the massive desk that dominates his chambers and retrieves a thick white binder. "This is the current White House drug policy," he says. In a Boston accent thick as chowder, Ryan rapidly recites some of the stated goals of the United States government regarding drugs: Increase the number of treatment facilities and available beds; promote drug education; break the cycle of drugs and crime through treatment within the criminal-justice system. "The national drug policy is to expand treatment for drug offenders and limit incarceration. That's what I'm in favor of," said Ryan, his face flush with the passion of his argument. "I'd say they are the mavericks." "They would be San Diego County prosecutors, drug-court judges, cops and probation officers who are fiercely opposed to Proposition 36, the ballot initiative which would put non-violent drug offenders into treatment instead of behind bars. Judge Bonnie Dumanis, who founded one of the county's four adult drug courts, calls Proposition 36 "dangerous and misleading, a thinly veiled attempt to legalize drugs." Deputy District Attorney Lori Koster, drug-court coordinator for the county, said those who drafted Proposition 36, "don't understand addiction. I think Judge Ryan's heart may be in the right place, but testing and sanctions are absolutely needed." Even many treatment providers, whose coffers would swell with state money, are turning thumbs down. Like Ryan, Al Medina advocates a public-health approach to substance abuse. But the director of alcohol and drug services for San Diego County insists that "drug offenders need to be accountable and take responsibility for their actions." It seems almost everyone working in local law enforcement is against Proposition 36 – except Judge David Ryan. And with that stance, the 58-year-old jurist, who was one of the first drug-court judges in California, is not making many friends this election season. "Dave Ryan? I'd like to wring his neck," said a smiling judge James Milliken. The presiding judge of juvenile court, Milliken has been leading the local chorus denouncing Proposition 36. "Look, I don't want to send people to prison for minor drug offenses either," Milliken said. "But 36 emasculates the court because it doesn't allow us to mandate consequences." Ryan isn't buying it. "I have the utmost respect for Jim Milliken. He has done wonderful things for San Diego County with regard to drugs," Ryan said. "But this is truly a turning point, a change in philosophy away from incarcera- tion toward treatment. "Instead of having these sentences, which we hand out like peppermints, of up to three years for drug offenses, this provides a limit It's so frustrating to deal with this cycle, this revolving door. The criminalization of drugs does not work; treatment works. The people are definitely ahead of the politicians on this, and if it fails, we will never have an honest debate about drugs in California or anywhere else because public officials lack the courage." It is no small irony that Judge Milliken, prosecutor Koster and many others in law enforcement -including U.S. Drug Czar Barry McCaffrey – agree with Ryan that the nation's war on drugs. is a failure. The question, of course, is what should be done about it. Ryan said he comes by. his divergent opinions regarding drug crimes and punishment through long and, at times, painful personall and professional experience. He has often told the story in court about one of his children who overcame an addiction to heroin long ago and today is a prosperous family man. "I have told people in drugcourt sessions that Us was my motivation when it comes to the drug issue," Ryan said. "But I'd just as soon leave it at that." Because of that experience and an abiding desire to have an impact on the lives of those who come before him, Ryan has immersed himself in the, science of drugs and treatment. "Judge Ryan is one of the most liberal judges I've had the opportunity to work with and one of the wisest men I know," said Jake Lee, a rehabilitation specialist who worked in Ryan's North County drug court for three years placing offenders in treatment programs. What distinguishes Ryan, Lee said, is his commitment to learning everything he can about substance abuse and addiction. "I remember back when we started together giving him some books on the 12-step method of recovery, and he read them cover to cover in less than a week. From then on, he carried a 12-step pamphlet in his breast pocket and often quoted from it," Lee said. "He would talk to new (offenders) about the difference between themselves as people and as addicts, drawing on what he went through as a father. He has that unique perspective. "And even though he was the presiding judge over drug court, judge Ryan was very much into the team approach. He listened, and he respected all of our opinions, the prosecutor, defense attorney, treatment coordinator – everybody. Not every judge does that" A father of five (and grandfather of six) who's been married 33 years, Ryan is taking a pharmacology course at San Diego City College to learn more about the effects drugs and alcohol have on the brain and body. And he is one of only two judges in the nation participating in a massive federal study on the best ways to treat methamphetamine amphetamine addiction. "This country, like most, has been very slow on the uptake regarding drugs. But I have really tried to learn about them," said Ryan, who is against the legalization of street drugs like cocaine, heroin, methamphetamine and marijuana. "If you're going to debate this intelligently, you need to understand the science of drug use, what addiction is and how best to treat it. When it comes to drugs, the scientific debate and the political debate are very different things." Ryan did not major in science as an undergraduate. He has a degree in finance from Northeastern University in Boston and was studying for his MBA when he got drafted into the Army in 1966. After his discharge, he moved to San Diego and got his law degree at USD. The grandson of Irish immigrants, Ryan spent six years in the San Diego City Attorney's office, spent time as a legal adviser for the San Diego Police Department, as a lobbyist for the city in Sacramento, and practiced law in his own Escondido firm until 1986, when he was appointed to the bench. A registered Republican who occasionally votes libertarian, Ryan said the main problem with the substance-abuse issue is that it too often is dominated by narrow-minded politicians angling for votes who know little about drug abuse and treatment. "It is not a drug war, it's not a war on a commodity. It is a war on the people who use drugs," Ryan said. "It's important to remember that most people experiment with illicit drugs and never get hooked. Our major problem as far as mind-altering, central-nervous-system depressants go is alcohol, no question. "There are between 4 million and 6 million Americans who regularly use controlled substances compared with 40 million who regularly use, and often abuse, alcohol. But the focus is on illicit drugs." What really frosts him, Ryan said, is that the drug war and drug policy has been crafted by politicians pandering for votes who do not want to appear "soft on drugs and crime." "In 31 years of living in California, this will be just the second time I will have the opportunity to vote on drug policy in this state, the first being the medical-marijuana initiative," Ryan said. -Mat's wrong, and it is the fault of our elected officials. "Our stated national policy is to expand drug treatment, and though it is not perfect, Prop. 36 does that." Article Snapshot 1 (29K) Article Snapshot 2 (35K) |
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