Silence [about Rush] in the press trenches

The Washington Times ^ | January 30, 2004 | R. Emmett Tyrrell Jr.

[Edit35]

"The maid and any evidence she has is irrelevant."

If the maid and all her evidence is irrelevant, then for what reason did the prosecutor begin his investigation.

There happens to still be a rather big legal edict in this country called probable cause.

If all that "evidence" was bad to begin with, then there was no reason to launch into an investigation into Limbaugh's medical treatment in the first place, especially considering that he himself was the one who brought up the subject.

(Unless you want to use the National Enquire as probable cause)

[Edit35]

I'm particularly interested in how well his California ear doctor's practice is going in Florida. LOL And why his ear doctor is still prescribing him narcotics a year after his ear surgery. DUH.

BINGO! Now I get it.

You're really a doctor, huh Mr. ClintonBe? One with the right to pre-judge all other doctors who happen to make decisions you disagree with.

Now it all makes sense to me. You are obviously clairvoyant, and an MD to boot.

Quite a potent combination.

[ClintonBeGone]

One with the right to pre-judge all other doctors who happen to make decisions you disagree with.

I'm no doctor. Just seems kinda weird to me. Maybe you know better than I? I doubt it though, based on your responses you're clearly a hate filled raging poster who has nothing but biased contempt for anyone that brings facts to the discussion that don't fit your agenda.

[ClintonBeGone]

There happens to still be a rather big legal edict in this country called probable cause.

Yep. And that threshold was clearly met when the search warrant was issued. Try again. You're o fer 2.

[ClintonBeGone]

Please be the prosecutor in the case. A list of perscripts in not enough. The prosecutor needs expert testimony that the perscriptions were medically unnecessary

Now you're just making stuff up. The doctor shopping statute contains no such requirement that they were 'unnecessary'. Where do you come up with this stuff? People like you are the reason we need conservative judges on the bench. Imagine putting someone like yourself there and all the crazy things you would read into the law.

[ClintonBeGone]

I have long said the tapes and emails were inadmissible and thus irrelevant as evidence. Read.

Inadmissible doesn't mean irrelevant. And the fact that they are not admissible doesn't mean they can't be used in an application for a search warrant. And I've hardly considered the tapes and emails in this discussion. Why do you obsess with them when no one else cares about them?

[ClintonBeGone]

Excuse I am not a paralegal. I am a lawyer.

I can't imagine someone who has displayed your level of ignorance has come close to passing a bar exam. Have you? You've demonstrated a very debilitating flaw in your inability to even read and comprehend a statute. You've perverted the meaning of the doctor shopping statute by reading into it things that are simply not there. You've obsessed with procedures and practices that have no relevance to our discussion or Rush's case. In other words, you've been a completely useless part of this debate. Your blind obsession with the SAO and consistently incorrect statements only subtract from whatever credibility you've established here in the past.

[ClintonBeGone]

Perhaps I too should be writing "private" caviats at the top of my emails.

Perhaps you would like to stamp Attorney/Client privilege on your emails to Sarah. While she hasn't yet hired you, I'm completely sure she will given your sharp legal wit and amazingly deep theories on the law. Eventually she'll figure out some use for you and the thousands of meaningless words you've already shared with her.

[Edit35]

There happens to still be a rather big legal edict in this country called probable cause.------------------------------ Yep. And that threshold was clearly met when the search warrant was issued. Try again. You're o fer 2.

So in essence you are saying that any cop, any detective, any prosecutor has every right to enter and search anyone's medical records, or home, or vehicle anytime they damn well please, just because they have a badge.

That sounds like a police state to me, my friend.

Tell me again what was the probable cause that prompted the palm beach police to in essence kick down the door of Limbaugh's doctor office just to search his records??

You've gone around in circles so many times I'm gettin dizzy.

In fact, I'm willing to bet that some sort of sanctions are imposed against Kirshner, the prosecutor in Palm Beach, once all the backroom shenaninigans are made public.

[Edit35]

Maybe you know better than I? I doubt it though, based on your responses you're clearly a hate filled raging poster who has nothing but biased contempt for anyone that brings facts to the discussion that don't fit your agenda.

No. I just resent it when people cheer on prosecutors who clearly violated someone's rights, just to try and embarras someone politically.

Maybe tomorrow, someone you know will call the prosecutor and claim YOU are doing prescription drugs, (or whatever else they might suspect) and the police will come barging into your life.

Let's see how you feel then.

[RS]

"Please be the prosecutor in the case. A list of perscripts in not enough.

The prosecutor needs expert testimony that the perscriptions were medically unnecessary,the doctors need to admit not only no knowledge but that they had no medical protocol expectation the other doctors were also percribing, Rush intentionally mislead the doctors, and that Rush had no medical reason for the drugs.




Amazing ! You mention 4 actions covered different statutes, and none of these are what Limbaugh is being investigated for ...

Investigated for violations of 893.13(7)a(8)
(from http://www.thesmokinggun.com/archive/rushsearch3.html)

To withhold information from a practitioner from whom the person seeks to obtain a controlled substance or a prescription for a controlled substance that the person making the request has received a controlled substance or a prescription for a controlled substance of like therapeutic use from another practitioner within the previous 30 days.

http://www.flsenate.gov/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0893/SEC13.HTM&Title=-

[RS]

"Tell me again what was the probable cause that prompted the palm beach police to in essence kick down the door of Limbaugh's doctor office just to search his records??"

Here you go ...The Application for the Search warrent in FL.
( we don't have the one for CA )
http://www.thesmokinggun.com/archive/rushsearch1.html

In both states though, the judges agreed on probable cause -
When you state your objections in the form of a question we are able to help you out...

[Sarah]

Hey RS,
I can't even think straight on this anymore.

1) If, as Longtermmemmory states, illegal procuration of over-the-counter pain meds has never been prosecuted as long as the person goes for treatment and stays clean...what makes Rush any different? Lets be clear, obviously anyone addicted to pain meds has to have been up to some illegality in their purchase; either lying to Dr. Peter concerning Dr. Paul's prescriptions or buying them off the street in some manner or other.

2) This makes the Cline's hush-money/ blackmail / bribery all the more suspect...ie: all this intrigue in order to catch Rush in the act... an act that has always been let pass as long as the addict goes for treatment.

I mean, Rush is lucky that the length that this has gone to has forced him to seek real treatment and be forced to be tested in order to stay out of legal trouble, but prosecution-wise it's not really justifiable.

Now it would mean taking longtermmemmory at his word that he knows something about drug laws and prosecution, and I can attest that after numerous private e-mails he does seem to be on solid ground.

This story-line also fits more into Rush's claim that they were trying to blackmail him. There was just nothing to do to him legally, and the only value their information had was in its power to discredit and humiliate. (job completed without remuneration!)

[ClintonBeGone]

1) If, as Longtermmemmory states, illegal procuration of over-the-counter pain meds has never been prosecuted as long as the person goes for treatment and stays clean...what makes Rush any different? Lets be clear, obviously anyone addicted to pain meds has to have been up to some illegality in their purchase; either lying to Dr. Peter concerning Dr. Paul's prescriptions or buying them off the street in some manner or other.

Sarah, no one here (at least me) thinks that Rush doesn't deserve some credit for seeking treatment. Moreover, it's clear that the prosecutor IS going out of his way to make life hard for Rush, despite his seeking treatment. However, where I part company with LTM (and think his legal analysis is pure quackery) is where he attacks the prosecutor as being unethical if sometime in the future he brings charges. It doesn't work that way in real life. If Rush committed a crime (and the evidence -the prescription list) shows that it's almost a certainty that he did, then the law empowers the prosecutor to bring such charges. That Rush happens to be disliked by the prosecutor is irrelevant. Rush gave him the rope and he's just obliging him by setting up the hanging. Is it fair? Some may argue not, but is it legal? Absolutely.

[Sarah]

You will admit that Rush's lawyers can argue that this is selective administration of justice, perhaps even political administration of justice.

[RS]

"If, as Longtermmemmory states, illegal procuration of over-the-counter pain meds has never been prosecuted as long as the person goes for treatment and stays clean...what makes Rush any different? "

What Rush has admitted to ( being addicted to prescription drugs ) is not a crime. Were the investigators to stop right now, Rush could go back and do exactly what he was doing with no legal problems.

Rush insists he has broken no law, the cops think that he did...
Perhaps if he were to "fully cooperate" as he had said he would do, things might have run differently.

I still have a suspicion that Rush as a user was never the main target - I suspect when the Clines were cutoff as a source that he went doctor-shopping and one of his docs ( that we know of) was a doctor in the last doctor-shopping case that the prosecutors went after ( the guy who died ).

There is more to this then we are allowed to see yet...

[RS]

"2) This makes the Cline's hush-money/ blackmail / bribery all the more suspect..."

Remember here, the Clines have NOTHING to do with the doctor-shopping - they were out of Rushs circle well before the evidence we can see of doctor-shopping.

"This story-line also fits more into Rush's claim that they were trying to blackmail him."

We have to be precise here - RUSH never, ever said he was being blackmailed -
Rush's lawyer claims that he was being blackmailed - this was thrown in at the hearing which had NOTHING to do with the Clines, nor with the case that is being investigated.
People have said this dosen't matter, but Rush can fire his lawyer at any time and truthfully say he never said that.

[longtermmemmory]

This is going to be a little lengthy.

Here is FL statute 397.34:

397.334 Treatment-based drug court programs.--

(1) Each county may fund a treatment-based drug court program under which persons in the justice system assessed with a substance abuse problem will be processed in such a manner as to appropriately address the severity of the identified substance abuse problem through treatment plans tailored to the individual needs of the participant. It is the intent of the Legislature to encourage the Department of Corrections, the Department of Children and Family Services, the Department of Juvenile Justice, the Department of Health, the Department of Law Enforcement, and such other agencies, local governments, law enforcement agencies, and other interested public or private sources to support the creation and establishment of these problem-solving court programs. Participation in the treatment-based drug court programs does not divest any public or private agency of its responsibility for a child or adult, but allows these agencies to better meet their needs through shared responsibility and resources.

(2) The treatment-based drug court programs shall include therapeutic jurisprudence principles and adhere to the following 10 key components, recognized by the Drug Courts Program Office of the Office of Justice Programs of the United States Department of Justice and adopted by the Florida Supreme Court Treatment-Based Drug Court Steering Committee:

(a) Drug court programs integrate alcohol and other drug treatment services with justice system case processing.

(b) Using a nonadversarial approach, prosecution and defense counsel promote public safety while protecting participants' due process rights.

(c) Eligible participants are identified early and promptly placed in the drug court program.

(d) Drug court programs provide access to a continuum of alcohol, drug, and other related treatment and rehabilitation services.

(e) Abstinence is monitored by frequent testing for alcohol and other drugs.

(f) A coordinated strategy governs drug court program responses to participants' compliance.

(g) Ongoing judicial interaction with each drug court program participant is essential.

(h) Monitoring and evaluation measure the achievement of program goals and gauge program effectiveness.

(i) Continuing interdisciplinary education promotes effective drug court program planning, implementation, and operations.

(j) Forging partnerships among drug court programs, public agencies, and community-based organizations generates local support and enhances drug court program effectiveness.

(3) Treatment-based drug court programs may include pretrial intervention programs as provided in ss. 948.08, 948.16, and 985.306.

(4)(a) The Florida Association of Drug Court Program Professionals is created. The membership of the association may consist of drug court program practitioners who comprise the multidisciplinary drug court program team, including, but not limited to, judges, state attorneys, defense counsel, drug court program coordinators, probation officers, law enforcement officers, members of the academic community, and treatment professionals. Membership in the association shall be voluntary.

(b) The association shall annually elect a chair whose duty is to solicit recommendations from members on issues relating to the expansion, operation, and institutionalization of drug court programs. The chair is responsible for providing the association's recommendations to the Supreme Court Treatment-Based Drug Court Steering Committee, and shall submit a report each year, on or before October 1, to the steering committee.

(5) If a county chooses to fund a treatment-based drug court program, the county must secure funding from sources other than the state for those costs not otherwise assumed by the state pursuant to s. 29.004. Counties may provide, by interlocal agreement, for the collective funding of these programs.


The problem with tall the Rush-bashers is that admission to the Drug Court program is not designed to be discretionary. Part of the reason for that was that prosecutors wanted to avoid the publicity of being soft so the selection process is automated and out of their hands.
(In Palm Beach Chief Judge Cook signed the original order starting their pilot program back in 1994.)

For example, a person who is caught phoning in a fake prescription will be automatically assigned to drug court when the arrest hits the clerk-of-courts for assignment to the judge.

The prescription list is not enough. The list alone will only get a prosecutor the battle of the medical experts. One says all the pills were therapeutic, the other says they were not. I do disagree with you about street level purchases. A client with money does not purchase drugs on the street, they will fake a prescription, go to a cooperative doctor, even get a surrogate. But they will never ever get near a street purchase unless the money runs out.

This also assumes that convicted criminal David Cline and Wilma Cline were not forging prescriptions in Rush's name. A very valid defense claim. Ultimatly, they have a picture of Rush on the street buying "drugs" and have marked money to further document an illegal exchange, they will not be able to proove anything to that charge.

As this case is falling apart for the SA, I see him issuing an arrest around the time of the Republican Convention or some PR benefit time. The may just try to fall back to the drug court system. Even placing person in drug court requires that they be fingerprinted and booked.

As to the ethics violations, they are very relevant. The ethics violations are no longer for the courts, complaintant or anyone else to decide. They are now the purview of the FL Bar. They will contact the SA, they will contact Roy Black, they will contact the AG, they will contact the ethics department hotline and they will contact whoever filed the original complaint.

I am goint to post the drug court agreement form next.

[longtermmemmory]

Just in case anyone thinks Drug Court is a cake walk. Here is the official Palm Beach Agreement for Drug court. All defendants who participate have to sign this. Lawyers, worth anything, sit down and explain this line by line to their clients. Clients who are scared, have family who are furious and hurt, and panicked for being exposed as addicts. This form is just an FYI.

15th JUDICIAL CIRCUIT/PALM BEACH COUNTY DRUG COURT
STANDARD OPERATING PROCEDURES


SECTION C NUMBER 02c r2 DATE ISSUED 3/1/03

TITLE Palm Beach County Drug Court Agreement and Order of Court

( ) This is a new procedure.

( x ) This procedure: ( ) Supersedes ( ) Rescinds ( x ) Amends

SOP# C02c r1 , Dated 2/14/02



PURPOSE/SCOPE:

The Palm Beach County Drug Court Agreement and Order of Court form serves as “The Contract” between the Participant and the State.


PROCEDURES:

In order for a defendant to become a participant in the Drug Court Program, a completed and signed Palm Beach County Drug Court Agreement Participation Application and Disclosure form must be submitted to the Clerk of the Court.

The Palm Beach County Drug Court Agreement Participation Application and Disclosure form will be completed and submitted at the Drug Court Treatment Recommendation Hearing for any defendant that is qualified and willing to participate subsequent to a comprehensive assessment.

The form shall be completed as follows:

On the line beneath “STATE OF FLORIDA VS.” fill in the defendant’s name.

Fill in the Case Number on the respective line.

Fill in the Charge(s) on the respective line.

Check the appropriate box and cite the appropriate charge(s) and statute(s), for which the defendant is entering Drug Court, on the lines provided.

The Defense Attorney will sign and date the two (2) copies of the form on the line(s) provided.

The Assistant State Attorney will sign and date two (2) copies of the form on the line(s) provided.

JUDICIAL CIRCUIT/PALM BEACH COUNTY DRUG COURT

STANDARD OPERATING PROCEDURE # C02c r2 DATED 3/1/03 PAGE 2



The Participant will sign and date two (2) copies of the form on the line(s) provided.

The Department of Corrections Probation Officer will sign and date two (2) copies of the form on the line(s) provided.

One copy of the signed agreement will be furnished to the Clerk of the Court.

One copy of the signed agreement will be furnished to the Drug Court Participant.

One copy of the signed agreement will be furnished to the Drug Court Program office.

---

STATE OF FLORIDA IN THE CIRCUIT COURT, FIFTEENTH JUDICIAL CIRCUIT, IN AND FOR PALM BEACH COUNTY
VS

CASE NUMBER(S): _________________________
__________________________________

CHARGE(S): _______________________________

Palm Beach County Drug Court Agreement and Order of Court


(Under Seal per Court Order)

I understand that the State of Florida is alleging that I have committed a criminal offense and have been charged with:

____Sale of__________________________in violation of F.S.___________

__Possession of _____________ in violation of F.S. _________

____Attempted Purchase of _____________________________ in violation of F.S. _________________

I understand that based on an investigation into the above offense and a review of my background, it has been determined that it is in my best interest, as well as the State of Florida, to enter into the following agreement.

I understand that Barry Krischer, State Attorney in and for the Fifteenth Judicial Circuit, Palm Beach County, Florida agrees to withhold prosecution for the above stated offense for a period of eighteen (18) months from this date, provided I comply with the conditions listed in this agreement.

WITNESSETH:

I have a substance abuse problem and would like to benefit from the stringent regimen of the Palm Beach County Drug Court Program. I hereby agree to enter and successfully complete the Drug Court Program including evaluation, counseling, the use of acupuncture and multiple, random urinalysis as well as any other treatment deemed necessary.

I stipulate and agree that in consideration for acceptance into this Program I waive the right to a speedy trial as provided by law and, further, my right to speedy trial shall re-vest only upon resumption of prosecution on the pending charge pursuant to F.S. 948.08.

I stipulate and agree that this agreement shall in no way operate as a contract for immunity from prosecution for the charge(s) pending in this case and, further, that should I fail to comply with the terms and conditions of this agreement, the agreement may be deemed void at the discretion of the State Attorney, and prosecution may then be reinstated.

I understand that the opportunity to participate in this curriculum is a privilege, not an entitlement. Therefore, I hereby request placement in the program. I understand that if I am accepted, the following details will apply to me for the duration.
1. I understand that there are two (2) points in time that a defendant may enter the Drug Court Program: At First Appearance and Arraignment. Advantages are built in to encourage entry as soon after arrest as possible because Drug Courts nationally are proving to be more effective when defendants enter the program quickly.

2. I understand that if I enter the Drug Court Program, but later decide that I do not wish to remain in the program, that I may choose to opt out. If I choose to opt out of Drug Court, I understand that my case will be returned to its originally assigned criminal division for prosecution. In such an event, I will be required to post the bond which was initially set in order to remain out of jail.

3. A substance abuse assessment will be conducted to determine whether my participation in the Palm Beach County Drug Court Program is appropriate. I will cooperate with the substance abuse evaluator.

4. I will fully cooperate in the completion of all background checks that will be conducted to determine if my participation in the Drug Court Program is appropriate.

5. I affirm that I have never been found guilty nor had adjudication withheld for any violent felony offense anywhere.

6. I will appear at all Drug Court Hearings, when and as ordered by the court. I understand that failure to appear in court shall constitute a violation of the terms of this agreement, and I acknowledge that failure to appear may result in my being withdrawn form the program and the original prosecution may be reinstated.

7. I will report to the substance abuse treatment provider as instructed which will be as soon as possible after placement into the program. Treatment will continue for one year but may be extended or shortened if deemed necessary by the Drug Court Judge.

8. I agree to fully participate in the substance abuse treatment that will be delivered in the following four Drug Court Program phases. I understand that the phase at which I enter the Drug Court Program will be determined by a comprehensive assessment. I also understand that advancement to a higher phase will be conditional upon final approval of the Drug Court Judge.

Phase 1:

_ Three (3) substance abuse counseling groups per week.
_ Three (3) individual counseling groups per month.
_ Weekly supervisory (DOC) contacts.
_ Four (4) Alcoholic Anonymous (AA) or Narcotics Anonymous (NA) meetings per week.
_ Minimum two (2) random urinalysis tests per week.
_ One (1) status conference in front of the Drug Court Judge each week.
_ Forty-five (45) consecutive clean urine days needed to advance to Phase 2.
_ One (1) M.E.N.T.O.R.S. meeting before advancing to Phase 2.
_ Expected duration: ninety (90) days.

Phase 2:

_ Two (2) substance abuse counseling groups per week.
_ Two (2) individual counseling sessions per month.
_ Bi-weekly supervisory (DOC) contacts.
_ Four (4) Alcoholic Anonymous (AA) or Narcotics Anonymous (NA) meetings per week.
_ Minimum two (2) random urinalysis tests per week.
_ One (1) status conference in front of the Drug Court Judge every other week.
_ Sixty (60) consecutive clean urine days needed to advance to Phase 3.
_ One (1) M.E.N.T.O.R.S. meeting before advancing to Phase 3.
_ Expected duration: one hundred twenty (120) days.
Phase 3:

_ One (1) substance abuse counseling group per week.
_ One (1) individual counseling session per month.
_ Bi-weekly supervisory (DOC) contact.
_ Four (4) Alcoholic Anonymous (AA) or Narcotics Anonymous (NA) meetings per week.
_ Minimum one (1) random urinalysis test per week.
_ One (1) status conference in front of the Drug Court Judge every month.
_ Ninety (90) consecutive clean urine days needed to advance to Phase 4 (Aftercare)
_ One (1) M.E.N.T.O.R.S. meeting before advancing to Phase IV.
_ Expected duration: Ninety (90) days.

Phase 4 (After Care):

_ One (1) substance abuse counseling group per month.
_ One (1) individual counseling session per month.
_ Bi-weekly supervisory (DOC) contact.
_ One (1) Alcoholic Anonymous (AA) or Narcotics Anonymous (NA) meeting per week.
_ Minimum one (1) random urinalysis test per month.
_ One (1) status conference in front of the Drug Court Judge every month.
_ One (1) M.E.N.T.O.R.S meeting before graduating.
_ Expected duration: sixty (60) days.

Drug Education:

_ Twelve (12) weeks of Drug Education classes.
_ Bi-weekly supervisory (DOC) contact.
_ One (1) Alcoholic Anonymous (AA) or Narcotics Anonymous (NA) meeting per week.
_ Minimum one (1) random urinalysis test per month.
_ One (1) status conference in front of the Drug Court Judge every month.
_ One (1) M.E.N.T.O.R.S meeting before graduating.
_ Expected duration: twelve (12) months


Graduation :

_ Graduation typically occurs eleven (11) to thirteen (13) months after entering the program.
_ Case Nolle Prossed.

9. I will not use alcohol or illegal drugs including medications prescribed to others.

10. I will not enter an establishment whose primary purpose is to sell alcoholic beverages.

11. I will not use prescription drugs without a valid prescription and disclosure to the Drug Court Team prior to taking the medication(s). I understand that use of a controlled prescription drug may delay my advancement in or completion of the Drug Court program, whether or not that drug was validly prescribed. Additionally, I must disclose all over the counter medications that I take to the Drug Court Team prior to taking the medication(s). Finally, I must disclose to any doctor that intends to prescribe medication to me, that I am a participant in the Palm Beach County Drug Court Program where abstinence from mood altering substances is my goal.

12. I understand that I may be required to give a urine sample at any time while I am in the Drug Court Program. I also understand that results of urine testing will be used only in Drug Court proceedings. I hereby stipulate that any urine sample, which tests positive by either strip testing method or cup testing method, will be used as evidence for any Drug Court sanction, up to and including incarceration. I understand that I have the right to lab testing confirmation, at my expense, of any urine sample which tests positive.
13. I understand that Supervision Officers employed by the Florida Department of Corrections will conduct supervisory contacts concerning me. These contacts may occur at my home, my work, the treatment center, the courthouse, probation office, or anywhere deemed necessary. I will report when and where as directed by my Supervision Officer. I will truthfully answer all inquiries made by my Supervision Officer and carry out all instructions of my Supervision Officer.

14. I agree to sign an individual substance abuse treatment plan with my primary counselor and to participate in the accomplishment of goals and objectives as designated. If my treatment plan ultimately requires me to enter residential treatment, I understand that I may be required to pay some or all of the expenses related to residential treatment.

15. I consent to allow information concerning me to be given to all Drug Court Team members as needed to carry out official tasks of the Drug Court. This includes but is not limited to urinalysis results,
treatment group attendance, overall program progress, etc.

16. I can expect to receive incentives when I progress well in the Drug Court Program. I understand that failure to attend counseling, remain drug/alcohol free or demonstrate progress in treatment will result in a review of my case by the Drug Court Judge to determine my continued participation in the Drug Court Program or the imposition of interim legal consequences and sanctions, including incarceration.

17. I agree to promptly and truthfully answer all questions asked by any Drug Court Team member.

18. I agree to obey all directions given to me by any Drug Court Team member.

19. I agree to reside locally and to not change my address without the approval of the Drug Court Team.

20. I agree to not change my educational or employment status without the approval of the Drug Court Team.

21. I will not violate the law.

22. I agree not to own, possess or attempt to purchase a firearm or weapon while participating in this program and further agree to forfeit any firearm involved in this offense to law enforcement authorities and not seek its return.

23. I agree not to associate with any person engaged in criminal activity.

24. I will not leave Palm Beach County without the approval of the Drug Court Team.

25. I agree to pay for the cost of my treatment as I become able to do so. The amount to be paid to the treatment provider will be based upon my ability to pay based on the application of an existing sliding scale procedure.

26. I agree to pay $30 per month plus a 4% surcharge toward the cost of supervision in accordance with F.S. 948.09.

27. I agree to pay $25 for misdemeanor charges and $50 for felony charges to the Clerk of Court for the Palm Beach County Drug Abuse Trust Fund.

28. I agree to pay a one-time fee of $30 to the Department of Corrections to defray the cost of urinalysis.

29. I agree to pay $25 for misdemeanor charges and $50 for felony charges to the State Attorney’s Office for investigative costs in accordance with F.S. 938.27.

30. I understand that Community Service at an approved site may be ordered and must be performed as a substitute for the balance of sliding scale fees at the prevailing minimum wage (currently $5.15 per hour).

31. I will complete all tasks as directed by the Drug Court. Examples of such tasks may include, but are not limited to: paying restitution, purchasing treatment literature, remaining employed, staying in school, life skill education, literacy training, vocational rehabilitation, community resource referrals, and community service.

32. I agree to complete all monetary, community service and treatment conditions thirty (30) days prior to termination of this agreement.

33. I understand that the State Attorney agrees that statements made by me while participating in the Drug Court Program, regarding my substance abuse history, will not be used in any criminal adversarial proceeding.

34. I understand that the State Attorney may void this contract at any time should it be determined that my prior
criminal record disqualifies me from this program.



SPECIAL CONDITIONS:
Cost of Supervision is $5.00 per month; Employment verified through pay stub only, and

( ) Enter and successfully complete a DOC Non-Secure Bed (check if applicable).

If you successfully comply with the conditions of this contract, including the conditions set forth by the
case Treatment Provider and Pretrial Intervention Supervision Officer, no criminal prosecution of the
offense for which you were arrested will be instituted.



By: / By: /
Linda Roberts Date Marty Epstein Date
Defense Attorney State Attorney




I hereby state that the above has been read and explained to me. I understand the conditions of this contract and I agree to comply with all conditions designated by the contract, including those established by the case treatment provider and Pretrial Intervention Supervision Officer. I also acknowledge that I have received a copy of this contract.



By: / By: / Participant Date Drug Court Representative Date




DONE AND ORDERED in Open Court in Palm Beach County, Florida,

this __________ day of ________________________, 2003.



____________________________________________
Nelson Bailey
CIRCUIT/COUNTY COURT JUDGE


Furnish one (1) signed copy to the Clerk; Furnish one (1) signed copy to the Participant Document Revision Date: April 23, 2003

[longtermmemmory]

That lone doctor shopping case was in part procurment of drugs for another. NOT for use himself.