Report

We would like to express our deep appreciation to John C. Shepherd, President of the American Bar Association, for his leadership, inspiration, and support of the Section of Individual Rights and Responsibilities and its Advisory Commission on Youth Alcohol and Drug Problems. Likewise, we are very grateful to all those members of the ABA Board of Governors, the Council of the Section of Individual Rights and Responsibilities and its Advisory Commission on Youth Alcohol and Drug Problems (whose names appear in footnote 1 of the report), whose support and work made this effort possible. Special thanks go to I.R.& R. Section Chairperson J. David Ellwanger and I.R.& R. Council Members Sara-Ann Determan and Clifford D. Stromberg, Advisory Commission Chairperson Abigail J. Healy of the White House Drug Abuse Policy Office and David G. Evans, Chair of the Section's Committee on Alcoholism and Drug Law Reform, for their tireless leadership. We also wish to thank I.R.& R. Council Member Randolph Thrower for his splendid assistance with the arrangements for the Atlanta field hearing, as well as Advisory Commission member Madeline E. Lacovara and I.R.& R. Section Council member Philip A. Lacovara for special arrangements during the Washington, D.C. Advisory Commission meeting.

Numerous members of the ABA staff as well as part-time consultants and law clerks were an integral part of the process which produced this report and made the work of the Advisory Commission possible. We are deeply grateful for the long hours and conscientious efforts of the following persons: Steven G. Raikin, Assistant Staff Director of the ABA Public Services Division, Director of the Section of Individual Rights and Responsibilities, and Project Director; Ellen S. Teller and Nancy J. MacWood, Project Consultants for the Advisory Commission; J. Wade Carey, I.R.& R. Section Administrator; Karen Kinks and Lisa M. Shaler, Assistants to the Project Consultants; J. Benedict Centifanti, Consultant; Lawrence J. Schlang, Law Clerk; Joan E. Fairbanks, Law Clerk; and Anne Tolson-Hoskinson, Law Clerk. Finally, special thanks for their constant support and encouragement go to Thomas H. Gonser, Executive Director and Chief Operating Officer of the ABA; Katherine M. Sullivan, Assistant Executive Director of the ABA Public Services Group; and Harriet Wilson Ellis, Director of the ABA Office of the President and the President-Elect.

Introduction

The ABA Section of Individual Rights and Responsibilities and its Advisory Commission on Youth Alcohol and Drug Problems successfully submitted this recommendation* to the ABA House of Delegates on July 10, 1985, pursuant to their mandate enunciated by ABA President John C. Shepherd in his inaugural address to the American Bar Association. President Shepherd stated:

I anticipate a major effort on the entire range of juvenile justice and child advocacy concerns to which our association has long been committed. I intend to put the needs of the children of America, which have long been overlooked, high on the agenda of the American Bar Association. [Inaugural Address by John C. Shepherd, President, American Bar Association (August 8, 1984).]

He noted that many of America's children have become the customers of merchants of drugs and alcohol. He also acknowledged the especially important role that the organized bar and members of the legal profession have in lending their support and expertise to help combat this growing problem.

President Shepherd appointed Abigail J. Healy, President Reagan's Alcohol Liaison in the White House Office of Drug Abuse Policy, to chair the Advisory Commission. The Commission was organized under the auspices of the Individual Rights & Responsibilities Section's Alcoholism and Drug Law Reform Committee, chaired by David G. Evans, Esq. The Advisory Commission has been, from its inception, a multidisciplinary and non-partisan group of 27 experts: 13 lawyers, 3 judges, and 11 non-lawyers, including representatives of the U.S. Departments of Justice and Health and Human Services, the ABA Sections of Criminal Justice and Family Law, Young Lawyers Division and the Special Committee on Youth Education for Citizenship, all with extensive prior experience in some aspect of federal or local government, substance abuse treatment and education, private industry, pharmacology, medicine, or juvenile justice.' The Commission has labored for over a year to identify for the ABA in an organized way some of the most important youth substance abuse problems. This recommendation and report summarize to a substantial degree the Advisory Commission's suggestions concerning proposed remedies to these problems in the selected areas deemed most appropriate to the bar's expertise. In an intensive series of meetings and two-day field hearings in Atlanta, Princeton, and Los Angeles,2 involving the personal testimony of over 160 witnesses who submitted over 250 recommendations and hundreds of pages of written testimony and exhibits, as well as the written submissions of several others unable to appear as witnesses, the Advisory Commission has carefully researched and debated scores of difficult issues it uncovered as it endeavored to carry out its charge from ABA President Shepherd.

Witness after witness appearing before the Advisory Commission testified about the enormity of youth alcohol and other drug problems. Some witnesses termed the present state of these drug problems an epidemic; one called it pandemic.3 George Gallup, Jr. of the nationally known Gallup Poll personally appeared to report that one out of every three teenagers in the U.S. admits that their friends drink, and two in ten admit that they use marijuana.4 He further reported that six out of ten teenagers polled drank alcohol, and 15 percent say that their alcohol use has already caused problems for them or others.5 A recent study by the U.S. Department of Justice estimates that the five leading drugs among high school seniors are: alcohol - 70 per cent; cigarettes - 30 per cent; marijuana - 29 per cent; stimulants - 11 per cent; and cocaine - 5 per cent.6

On the state level, it was noted that 36,000 youth in New Jersey between the ages of 13 and 18 were experiencing alcohol problems, and that 25 to 40 percent of adolescents admitted to New Jersey correctional facilities were either drug or alcohol addicted or experiencing alcohol or drug problems.7 In California, a Juvenile Court judge testified that 85 to 90 percent of the juveniles coming before his court have alcohol or other drug problems.8 At the Atlanta field hearing one witness testified that there are approximately 40,000 juvenile drug addicts in Georgia alone.9 In a paper presented to the Advisory Commission, a Georgia physician testified that there are 45,000 teenagers with alcohol problems in Georgia, and over 3.3 million in the United States.10 Based upon the same data, the Commission was told that nine out of ten ninth graders report they have already been drunk, and one-third of high school students have been drunk at least six times per year.11 These sources indicate that 94 percent of high school seniors have used alcohol, 90 percent have tried marijuana, while 54 percent report regular use and one out of thirteen is a daily user.l2 Another witness noted a 50 percent increase in teenage drinking over the past two years.l3

In addition to alcohol and marijuana use, a leading treatment expert reported a dramatic rise in cocaine use by youth, from 6 percent to 20 percent in 1982 due to lower prices and increased supplies.14 In the past five years, this rise in cocaine use has resulted in a 200 per cent increase in cocaine-related deaths, and a 500 per cent increase in cocaine-related treatment admissions.l5

Notwithstanding these alarming statistics, witnesses before the Advisory Commission repeatedly testified about the shocking scarcity of juvenile diagnostic and treatment facilities, special relevant training for lawyers or judges, funding for such treatment, and overall public awareness in this area.16 Numerous witnesses also commented upon the effects of alcohol beverage advertising directed at youth and the marketing practices conducted by some distributors on college campuses.' 7

Witnesses repeatedly noted the demonstrated links between youth alcohol and other drug abuse and juvenile crime, serious health    problems,    poor    school    performance,    automobile
accidents,fatalities and other life-threatening injuries, as well as teenage suicide.18 As numerous statistical studies reveal, alcohol-related accidents continue to be the leading cause of death in the 16 and 24 year old age group.19 With an estimated annual societal cost of $116.7 billion from alcohol use,20 the prognosis for the future is not promising based on these statistics.

Left unchecked, these statistics foretell continued validity for current estimates of: five percent of the population suffering from alcoholism and ten percent as problem drinkers; over 19,000 annual deaths due to medically-related alcohol illnesses; over 24,000 alcohol-related automobile fatalities; 30,000 other alcohol-related deaths from falls, fires, and suicides; and over 300,000 disabling injuries.21 Alcohol and other drug abuse has become the modern plague of our youth and our society.

This initial recommendation is just a beginning. A research and drafting process of only eight months -- even one as intensive as ours has been -- could not possibly attempt to solve all the myriad complex problems in this field. The regional field hearings revealed that there are no easy solutions to many of these problems. This 20-part recommendation is a distillation of over 250 recommendations extracted from the field hearings. They are targeted at some of the more troubling areas highlighted by the Advisory Commission's proceedings, as well as some of the more manageable issues that were deemed susceptible to resolution in the near term. The efforts of the Section of Individual Rights and Responsibilities and its Advisory Commission in reaching out to the legal community and beyond can proceed with this initial recommendation as a basis for dialogue, further investigation and reflection. The recommendation is part of the larger continuing process of study and action in which the ABA and the state and local bars are already participants with others seeking solutions to these problems.

During the coming Association year, the Section of Individual Rights and Responsibilities and its Advisory Commission will strive to implement this recommendation. It will also continue its efforts to involve lawyers nationwide in the search for solutions to our serious national crisis of youth substance abuse.

*Nothing in this resolution or report should be construed to mean that the ABA condones any alcohol abuse or drug abuse or illegal activity among the adult population. The only reason these resolutions are limited in their scope to minors is that these resolutions grew out of the ABA Advisory Commission on Youth Alcohol and Drug Problems and it was felt that the resolutions should concentrate on matters directly affecting youth.

1 David G. Evans, Chairperson, ABA Section of Individual Rights and Responsibilities Committee on Alcoholism and Drug Law Reform; Ms. Abigail J. Healy, Chairperson, ABA Advisory Commission on Youth Alcohol and Drug Problems and Alcohol Liaison, White House Office of Drug Policy; Mr. Rowland Austin, Director, Employee Assistance Program, General Motors; Mr. Dan E. Beauchamp, Professor, Department of Health Policy and Administration, University of North Carolina; Mr. John Bland, Director, Alcoholism Control Administration, Maryland Department of Health and Mental Hygiene; Ms. Pat Burch, Legislative Liaison, Nat'l Federation of Parents for a Drug Free Youth; Dr. William Butynski, Executive Director, Nat'l Association of State Alcohol & Drug Abuse Directors; Robert E. Carlson, Esq., ABA Special Committee on Youth Education for Citizenship; Honorable Andy Devine, Nat'l Council of Juvenile Court Judges; Scott Drexel, Esq., Assistant General Counsel, State Bar of California; Thomas R. Dyson, Esq.; Ms. Diane Grieder, Treatment Program Director, New Beginnings - Serenity Lodge; U.S. Senator Orrin Hatch (R., UT); Henry B. Hine, Esq.; Honorable Gladys Kessler, Associate Judge, Superior Court of the District of Columbia; Ms. Madeline E. Lacovara, Counselor & Psychology Instructor, Georgetown Visitation Preparatory School; Donald Macdonald, M.D., Administrator, Alcohol, Drug Abuse and Mental Health Administration; John M. McCabe, Esq., Nat'l Conference of Commissioners on Uniform State Laws; U.S. Representative George Miller (D., CA); Honorable H. Carl Moultrie, Chief Judge, Superior Court of the District of Columbia; Mr. David W. Oughten, Nat'l Association on Alcoholism and Drug Abuse Counselors; Leopoldo L. Ramos, Esq.; Mary Pat Toups, Esq.; Mr. Wheelock Whitney, Chairman, National Council on Alcoholism; James M. Wootton, Esq., Deputy Administrator, Office of Juvenile Justice and Delinquency Prevention, U.S. Department of Justice; and E. Paul Young, III, Esq.

2 The Atlanta field hearing of the Advisory Commission (hereinafter cited as "Atlanta") was held on January 22 and 23, 1985; the Princeton field hearing (hereinafter cited as "Princeton") was held on February 7-8, 1985; and the Los Angeles field hearing (hereinafter cited as "Los Angeles") was held on February 21 and 22, 1985.

3 See testimony of William Coletti, Robert Margolis, Ph.D., Atlanta; and Ray Chavira, Los Angeles.

4 Testimony of George Gallup, Jr., Princeton.

5 Id.

6 THE MAGNITUDE OF SUBSTANCE ABUSE IN AMERICA, Special Report of the Office of Juvenile Justice and Delinquency Prevention, U.S. Department of Justice at 6 (Oct. 1984).

7 Testimony of Thomas Blatner, Princeton.

8 Testimony of Judge H. Randolph Moore, Jr., Los Angeles.

9 Testimony of Charlotte Czekala, Atlanta.

10 Testimony of Martha Morrison, M.D., Atlanta.

11 id.

12 Testimony of Martha Morrison, M.D., William Coletti, Atlanta.

13 Testimony of Gary Mangiofico, Los Angeles.

14 Testimony of Arnold Washton, M.D., Princeton.

15 See supra note 6, at 5. See also testimony of Martha Morrison, M.D. Dr. Morrison testified that:

There are an estimated 20 to 45 million cocaine users in this country. Cocaine is a 26 to 32 billion dollar a year industry.... One of the most dangerous chemicals is PCP or Angel Dust or phencyclidine. This substance has a predilection for causing disorientation, perceptual aberrations and paranoid behavior. Death may occur from cardiac and respiratory toxicity and also from behavioral toxicity. PCP is illegal and manufactured only in street labs....PCP is the most common contaminant found in a number of other street substances.

16 Testimony of Richard J. Russo, Princeton; and Charlotte Czekala, Atlanta (one state juvenile treatment facility for all of Georgia).

17 See, e.g., Testimony of Alan Stoudemire, M.D.; Al Mooney, M.D., Atlanta; George Hacker, Esq., Princeton; and Timothy McFlynn, Esq.; Judge Leon Emmerson, Los Angeles.

18 Testimony of George Hacker, Esq.; Thomas Blatner, Princeton; and Judge H. Randolph Moore, Los Angeles.

19 Testimony of Minuard McGuire, Atlanta. According to Mr. McGuire, "Young people exhibit two things that tend to increase their chances of having an accident involving alcohol: 1) lack of driving experience; and 2) lack of experience with drinking."

20 Testimony of Alan Stoudemire, M.D., Atlanta.