By MATT THACKER
The firing of a drug court officer and the early release of an inmate have raised questions about Clark County Superior Court No. 2 Judge Jerry Jacobi’s possible ties to a Jeffersonville man sentenced to drug court.
Michael Webb, of Floyds Knobs, had been a drug court officer in Clark County since February 2008, but on Aug. 11, 2009, he was told he was going to be fired.
“I have no idea why I was fired,” Webb said. “[Drug Court Director Susan Knoebel] said, ‘We don’t have to tell you a reason.’”
There have been rumors circulating around the courthouse since August. Two sources with knowledge of the drug court and the events that transpired that day told The Evening News they believe Webb was fired for having Jacobi’s auto mechanic arrested.
Jail records show Everett Ray West, 43, was arrested at 10:14 a.m. Aug. 11. The warrant for his arrest, prepared by Webb and signed by Superior Court No. 1 Judge Vicki Carmichael, ordered West to be incarcerated until the afternoon of Aug. 13, when he would be brought back up to drug court.
However, West was released at 11:06 a.m. the same day, after Jacobi signed a notice that was sent to the sheriff ordering West be released on recognizance. After the Evening News began inquiring about West’s case earlier this month, an entry was added to the chronological case summary stating that West was released because the order of incarceration signed by Carmichael “violated due process procedures."
Carmichael declined to comment on the case and West could not be reached.
Webb said West failed to show up for a drug screening on time, so he approached Knoebel at about 9 a.m. Aug. 11 to inform her of what amounts to a failed drug test.
“She said, ‘We’re not going to treat him any differently just because he’s a friend of the judge. We have to treat everyone the same,’” Webb said.
Webb said Jacobi has frequently talked about West being his friend and even joked he would need to find a new mechanic. He said Jacobi had previously told him to take all matters related to West to Magistrate Bill Dawkins.
Webb said Dawkins was unavailable that morning, so he went to Carmichael to sign the warrant.
Webb said he was told that afternoon he was being fired, although his official termination/resignation letter is dated Aug. 13.
Two sources — who do not know Webb but asked to remain anonymous because of concerns about their employment — told The Evening News that Jacobi was overheard telling a drug court employee, “You can’t arrest him. He works on my car for free," referring to West.
West wrote a letter to the judge in February asking for lower his $25,000 cash-only bond, stating he would lose his business. However, West was not ordered to be released until May, when he was placed on home incarceration.
Knoebel said she could not comment on whether she made the statements Webb claims she made. Jacobi declined requests for an interview.
Webb says there has never been a due process procedure for arresting someone who violates drug court rules.
In fact, Michael W. Drury was arrested Oct. 22 and incarcerated on a 72-hour hold for violating the terms of drug court. There is no record online of him having a hearing, and court clerks would not allow access to the case file because of drug court’s confidentiality rules.
Retired Judge Cecile Blau, who led drug court from its first year in 2002 through 2008, said she would treat each person on a case-by-case basis, but that the staffing team would make recommendations to her.
“I would usually go with the recommendation of the staff,” Blau said. “There were some automatic sanctions. A second missed drug test usually meant a weekend in jail.”
Blau, who said she had no knowledge of the West case, said she would not second-guess another judge. However, she said it was not unusual for a drug court officer to go to another judge to request a warrant if she was not available.
West was charged with dealing and possession of marijuana and maintaining a common nuisance in August 2008. He was then charged in January with dealing and possession of a controlled substance and dealing marijuana.
In July, West pleaded guilty and was sentenced to the drug court program, according to the chronological case summary.
Money woes for Drug Court?
Like many other programs in Clark County, drug court appears to be hurting financially.
In December 2008, the Indiana Criminal Justice Institute Board of Trustees awarded Clark County Drug Court an Edward Byrne Memorial Justice Assistance Grant for $36,323, with a grant period of Jan. 1-Dec. 31, 2009
That grant money was frozen following a site visit by the Drug and Crime Control Division in September.
“After further review of programmatic and financial reporting requirements, grant funding was frozen,” said Mica Perry, communications director for Indiana Criminal Justice Institute. “ICJI continues to work with the program to re-establish compliance with the terms of the grant award.”
The program had drawn down $9,080.75, she said.
Knoebel said Friday she was unaware that funding had been frozen, although she said drug court officials have applied for two other grants and hope those could help the financial situation.
“Drug court is always hurting for money,” Knoebel said. “We’re working for grants. We’re still seeking funding.”
The court’s budget — which isn’t included in the county’s general budget — increased from $80,448 in 2008 to $212,350 in 2009. The proposed budget for 2010 is $149,000.
“[The budget] be approved at the next meeting, but [drug court] can only use it if the cash comes in [through fees or grants],” said Vicki Hinkle, of the Clark County Auditor’s office.
Knoebel said she does not know yet whether the cash will be there next year.
Clark County Prosecutor Steve Stewart said there are concerns that drug court might not be around much longer unless they can come up with more money.
Money has also been an issue in Jacobi’s regular court. The administration fund for Superior Court No. 2 — which is separate from the fund used by drug court — has been running a deficit, according to the Clark County Council.
The council has decided to approach Jacobi and inform him that he needs to transfer money from another fund or cut costs.
“It’s one of those funds that is fee-based, and for whatever reason, the cash is not coming in,” said Councilwoman Barbara Hollis.
Hollis said probation user fees and other special fees make up the fund.
