Opinion: No exemptions in drug court

The glare of celebrity can be harsh, and Noelle Bush, 25-year-old daughter of Florida's governor, has faced her share of media attention since a drug arrest in February. But for a drug court to close its doors merely because a defendant asks for privacy would amount to a celebrity exemption to criminal justice.

That's not how America's court system is supposed to work.

Peter Antonacci, a former deputy attorney general who once fought for public disclosure of government business, is now representing Miss Bush and making an unusual request. He asked an Orange County judge on Tuesday to close the doors to drug court, arguing that drug offenders under the court's supervision "must be able to communicate with the security that everything will remain private."

The criminal justice system, though, has never been based on privacy. It is about justice, and public accountability plays a fundamental role. Many people who are arrested, whether it be a businessman caught with a prostitute or a judge stopped while driving under the influence, might prefer secrecy. But the system of arrest and prosecution in open court is a protection against the awesome sanctions of criminal justice.

Drug court may have the ultimate aim of treating offenders and keeping them out of prison, but it is still a court and it still determines criminal sanctions. Notably, the drug treatment center at which Miss Bush is a patient has not joined in the request for court secrecy. Neither has the drug court, which holds hearings for all drug offenders in public. "Those are open, and the theory behind it is that persons get to see someone succeed," said court spokeswoman Karen Leavey.

The secrecy Antonacci seeks for his client would establish a ruinous judicial precedent. Given that such privacy has not been extended to any noncelebrity offenders, it also would suggest a different standard for the governor's daughter. If she seeks less attention, a locked court door is not likely to bring it.

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