May 31 ARIZONA: Lots of attorneys in addicted ranks -- State bar reaches out to aid abusers of drugs, alcohol James Miller's addiction could land him in prison. Rafael Gallego's drug usage resulted in the reversal of a murder conviction. 2 Southern Arizona lawyers with substance abuse issues. 2 lawyers who made headlines. According to the American Bar Association, an alarming number of attorneys are suffering from alcohol, drug and mental health issues. While 10 % of the general population is grappling with alcoholism, the American Bar Association estimates that between 18 % and 20 % of attorneys are alcoholics. Lawyers are also twice as likely to commit suicide as other professionals. Recognizing that substance abuse can lead to embarrassing behavior, financial difficulties, missed deadlines and appointments and an erosion of the public's trust, the Arizona State Bar is one of many state bars that is reaching out to help attorneys. Alcoholics Anonymous meetings have been built into this year's annual convention schedule in June and the bar started a Members Assistance Program in the early 1990s. Whether lawyers are suffering from substance abuse issues, stress, depression or family and money problems, they can contact MAP's 24-hour crisis hotline or make an appointment to see what resources are available to them. A committee of more than 70 volunteer lawyers and judges is available for support, along with mental health experts, said Maria Bahr, director of the bar's lawyer assistance programs. Although most participate voluntarily, the state bar can also require disciplined attorneys to participate, Bahr said. Those lawyers must sign a contract agreeing to weekly phone calls and monthly visits with a monitor - a volunteer lawyer or judge who reports to the bar, Bahr said. The lawyer must also meet regularly with counselors. Right now, around 100 attorneys are receiving help from the program statewide, Bahr said. Just how many attorneys in Arizona suffer from substance abuse issues is hard to determine. There are countless attorneys who are still in denial, helped unwittingly by loved ones and legal partners who cover for them inside and outside the courtroom, said Tucson attorney Dennis Gray, a Members Assistance Program monitor. In addition, there are lawyers who know they have a problem but don't seek help for fear of losing their licenses or rising malpractice insurance, Gray said. They may also believe they can handle the issue on their own. Moreover, while the state bar tracks complaints filed against attorneys, there is no separate category for those clients who suspect their attorneys are abusing substances. In 2003, most of the complaints filed, or roughly 30 percent, pertained to communication issues and a perceived lack of diligence. Six percent alleged their attorneys are incompetent. Miller's and Gallego's troubles only became known after both made headlines. Sierra Vista police arrested Miller in January after a search of his home, office and car netted between 2 and 4 pounds of marijuana, small amounts of methamphetamine, the prescription drug Oxycontin, drug paraphernalia and a gun. Miller pleaded guilty to possession of a deadly weapon during the commission of a drug offense and misdemeanor driving under the influence earlier this month and now faces up to 3.75 years in prison. Slaying suspect Robert Sagasta's life prison sentence and murder conviction were overturned by Pima County Superior Court Judge Charles Sabalos earlier this month when Gallego admitted he used cocaine around the time of the August 2000 trial. Sagasta now has a new trial date. Gallego told the Star at the time of the reversal that his drug usage was a long time ago. "I've never been healthier mentally, physically and emotionally," Gallego said. Gallego did not return phone calls seeking comment for this story and Miller, whose phone number has been disconnected, could not be reached. Sean McCabe, an attorney with the Arizona Department of Environmental Quality, is a monitor for the Members Assistance Program. He has first-hand knowledge, however, of what it is like to be an unwilling participant in the program. The Florida State Bar realized McCabe might have a drinking problem when he applied for admission to the bar and officials discovered he'd been arrested for driving under the influence during his final semester at law school. He was admitted to the bar, but had to meet with a monitor and submit to blood tests regularly. "The big issue for me was denial," McCabe said. "I didn't realize I had a problem and nobody wants to admit they have a problem, with anything. For reasons of pride, people would rather address it on their own than have it pointed out to them by someone else." The same traits that create good lawyers can lead to addiction and to an unwillingness to seek help, Bahr said. Many attorneys are over-achieving, detail-oriented perfectionists who live high-stress lives, Bahr said. Sometimes, that can lead to self-medication - be it alcohol or drugs. Lawyers can also be perceived as a "necessary evil, mentor or friend" depending upon the client, Bahr said. "They've got to wear a lot of hats and that's a lot of emotional baggage to carry," Bahr said. "They walk into rooms every day and they don't know how many fights they're going to be in and sometimes it's with their own clients." McCabe considers himself a "high-bottom" alcoholic. He realized he had a problem before he suffered too many personal or professional calamities - before he hit the lowest bottom possible. "I was only about 30 years old and I wasn't drinking every day so thankfully I didn't go through withdrawals, but after a couple of months of meetings, I started seeing all of the patterns. I could see I wasn't a reasonable or a normal drinker." Thankful for the help he received, McCabe now regularly monitors troubled attorneys in the Phoenix area. In Alcoholics Anonymous, the saying goes, "You can't keep it (sobriety) unless you give it away," McCabe said. Harriet Turney monitored fellow attorneys for nearly a decade. "I never had a noncompliant person," Turney said. "They wanted to do whatever they agreed to do because they wanted to put the incident behind them. They are so grateful because they see themselves starting their lives over and getting out from underneath the problem." As a monitor, Turney said she made it clear she wasn't a therapist or their sponsor; if they missed a meeting, she reported it to the bar. No one should think the program is another "fox watching the henhouse" situation, Turney said. "If they weren't volunteers for the program, my 1st and foremost concern was the protection of the public, followed closely behind by the rehabilitation of the lawyer," Turney said. "If they volunteered for the program, my 1st priority was getting them healthy." Gray strongly recommends 12-Step programs for the attorneys and their families. As for himself, he just tries to be a good listener and honest adviser. He doesn't allow his attorneys to whine, Gray said. "I want to deal with the solution, rather than staying stuck in the problem," Gray said. Many of the attorneys she monitored are fine attorneys, Turney said. "Some of them are those I'd want to represent me," Turney said. "They've had therapy, participate in 12-Step programs and have more insight than a lot of people walking around. They do a heck of a good job." (source: Arizona Daily Star) FLORIDA: Chemical castration statute not being used The law: The statute authorizes a trial judge to sentence any man convicted of sexual battery to receive weekly shots of medroxyprogesterone acetate, or MPA, a synthetic female hormone. Typically, the hormone is used to treat some cancers and some forms of it are used as a birth control drug for women. If the defendant is convicted of sexual battery and has a prior sexual battery conviction, the trial court is required to impose MPA administration. Use of the drug on a defendant is contingent upon determination by a court-appointed medical expert that the defendant is an appropriate candidate for the injections. A defendant may choose under the law to have surgical castration in lieu of chemical castration. The drug: The drug required by the Florida law is more commonly known as Depo-Provera, which in men decreases testosterone production. In the sex disorder treatment community, doctors are now shifting to using a different drug - Depo-Lupron, which in men works by making the brain stop telling the glands to produce testosterone. Both are injected. The numbers: The Department of Corrections says there are 97 inmates in prison and seven men on probation who have been convicted of a 2nd sexual battery since 1997 and therefore should have been sentenced to have MPA treatment. Only 3 of those men, all in prison, were ordered to take it. The department also says there are 1,687 men in prison and 596 on probation who were convicted of their 1st sexual battery since the law took effect, and therefore could have been sentenced to MPA. Only 3 of those men, also all in prison, have had the sentence imposed. (source: Associated Press)
