UNDERSTANDING, AIDING ADDICTS
Martha W. Barnett

We have made giant strides in our awareness and understanding of the true nature of addiction--whether it is to alcohol or other substances. Substance abuse crosses all socioeconomic lines and often hides behind imposing fronts of respectability, claiming professionals, home-makers and children alike.

Alcoholism and drug addiction are diseases of denial. Often those afflicted are the last to realize or acknowledge their predicament and get the help that is now widely available. Millions remain trapped in a downward spiral of dependency and addiction that eventually will destroy their lives and many of those around them.

Misguided Strategies
The tragedy, however, is that the justice system cannot solve the problem if it continues to address substance abuse as if it were a crime rather than a public health issue. More than $4 billion was spent this past year on border control efforts, construction of new prisons and law enforcement, only to fill prisons with sick people who remain untreated. The most effective countermeasure to the addiction epidemic is to encourage, sometimes even coerce, individuals into treatment.

The American Bar Association has been working diligently to integrate substance abuse and addiction treatment into the judicial system. The ABA supports the unified family court movement, which combines all the essential elements of traditional family and juvenile courts into one entity and contains other resources, such as social services, critical to the resolution of a family's problems. Substance abuse treatment is very often (indeed, nearly always, according to many judges) of critical importance in cases appearing before the unified family courts.

Where drug-related criminal offenses are concerned, a defendant might be given the opportunity to choose a family drug court rather than a normal trial. These courts offer substance abusers intensive drug treatment, as well as a range of support services for family members. Today, about 20 jurisdictions in 10 states have family drug court programs under way or planned.

Our natural allies in addressing the nation's drug problem are physicians. The ABA has entered into an exciting partnership with the American Medical Association to encourage greater collaboration among doctors and lawyers as professionals, as community leaders and as private citizens concerned about drug abuse and addiction. The ABA, the AMA and the Officer of National Drug Control Policy have jointly published a brochure that instructs lawyers on how to spot a problem in a client or a family member, and how to help other lawyers who appear to be afflicted. Another recent ABA/AMA brochure examines how physicians and attorneys can work together to break the connection between crime and alcohol and illicit drugs.

Substance abuse and addiction frequently begin at an early age. Three million teenagers nationwide are confirmed to have an alcohol problem, and more than 100,000 preteens are known to engage regularly in binge drinking. The ABA Standing Committee on Substance Abuse is actively involved in a new, national public-private partnership, Leadership to Keep Children Alcohol Free, to educate the public about early alcohol use by children between 9 and 15 years of age. Leadership to Keep Children Alcohol Free has engaged governors' spouses around the country to participate in a range of activities that will raise awareness and encourage coalition-building among civic and corporate groups.

Confidential Help for Members
Finally, the ABA is aware and concerned that this disease affects the legal profession to an equal, or perhaps even greater, degree as the general population. Since 1987, the ABA Commission on Lawyer Assistance Programs, known as COLAP, has engaged in education, prevention and assistance efforts to help lawyers better understand and deal with substance abuse. In the event that you--or a colleague, judge or law student you--or a colleague, judge or law student you know--suffer from an addictive disorder (or, for that matter, from stress, depression or other mental health problems), COLAP's services are available to all ABA members by calling the ABA Service Center at 800-285-2221, Ext. 5359. You will be given the number of the lawyer assistance program in your area, where you can obtain completely confidential assistance.

The abuse of drugs and alcohol has proven to be one of the most recalcitrant and corrosive problems afflicting our society. It wreaks tragedy in families and wastes valuable societal resources. Yet, efforts to stop it solely by force of law have failed. It is time for the legal community to support innovative approaches that integrate effective, appropriate treatment into the justice system culture.

In memory of my sister, Dr. Helen Delight Walters.

Last Updated: 6/22/04