While in Mankato, working as a retired judge, I read a recent Your View letter from a retired chief of police suggesting that it’s “time to start identifying the judges who let drug dealers go loose with a stay of sentence.” Unfortunately this perpetrates the myth that we have a lot of “liberal” judges out there slapping drug dealers on the wrist. So as not to be accused of being one of those judges, you should know that in my 25 years on the bench I have imprisoned more people than Stalin.

The retired chief wants to blame the judges. The truth is that, these days, judges have little discretion in sentencing felony offenders. The Minnesota Legislature has enacted sentencing guidelines which specify the sentence to be received by felony offenders. Judges are required to follow these “guidelines” unless approved aggravating or mitigating factors exist. If a judge departs from guidelines, the judge must cite these factors and submit a report to the Guidelines Commission and either the prosecutor or the defendant may appeal. There are few departures from guideline sentences and the vast majority of those are plea agreements that were approved by prosecutors.

It was implied that our drug laws are lenient and that prison is the answer. In fact, Minnesota has some of the harshest drug laws in the country. For example, an 18-year-old offender who has never been in any trouble is required by the guidelines to receive an 86-month prison sentence for a first-degree drug offense.

Prisons have not proven to be the answer to our drug problems. They cost taxpayers a fortune and just turn out better criminals. The retired chief was correct in pointing out that, for the criminal justice system to work, everyone has to work together. Minnesota has recently introduced drug courts. The drug court team is composed of law enforcement, prosecutors, defense attorneys, probation agents and judges. Drug offenders are subjected to intensive supervision and have frequent meetings with the drug court team. Experience across the country has shown that these drug courts work. They are helping offenders become responsible citizens and saving taxpayers millions of dollars. This area is fortunate to have a number of excellent drug courts.

Judges are accountable. The rulings we make are public and, if we depart form our guidelines, our departure reports are public documents. We live in our communities with our families and want our cities, towns, and counties free of the horrible effects of drugs. Judges are easy targets because they usually can’t respond to unwarranted criticism. I’m now retired and feel free to speak. I will agree with the retired chief when he concludes that our judges don’t get the credit they deserve.



George I. Harrelson served as 5th Judicial District Judge for Minnesota District Court. He lives in Marshall.