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		<title>Judge Ed Rubin was go-to guy in tainted OWI cases</title>
		<description>Comments for Judge Ed Rubin was go-to guy in tainted OWI cases at http://www.theind.com , comment 1 to 3 out of 3 comments</description>
		<link>http://www.theind.com</link>
		<lastBuildDate>Fri, 24 May 2013 15:59:53 +0100</lastBuildDate>
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			<link>http://www.theind.com/news/indreporter/12612-judge-ed-rubin-was-go-to-guy-in-tainted-owi-cases#comment-27598</link>
			<description>Hah, c'mon Alfie you spoofed this just like a yellow page lawyer only the cat has been out of the bag too long and not only does your closing argument fall on deaf ears, you better stay upwind of this manure pile.  - CHANO LEAL</description>
			<pubDate>Sat, 19 Jan 2013 20:12:48 +0100</pubDate>
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			<link>http://www.theind.com/news/indreporter/12612-judge-ed-rubin-was-go-to-guy-in-tainted-owi-cases#comment-27595</link>
			<description>[Editor's Note: the letter below was submitted by attorney Alfred Boustany.]

Dear Editor: 

The media coverage surrounding the convictions of three people employed by the District Attorney’s office has called into question the process of allowing deserving first criminal offenders to quickly admit a mistake and take early steps to rehabilitate. This process recognizes the basic fact that we can all make a mistake but if we learn from that mistake and pay our debt to society we should not have this one mistake haunt us for the rest of our lives. It is the essence of rehabilitation and forgiveness, and has been-and should continue to be-a part of the American system of criminal 
justice.     

Article 894 of the Louisiana Code of Criminal Procedure recognizes this process of rehabilitation and forgiveness for first offenders. Article 894 allows a judge to defer imposition of a criminal sentence and place a deserving offender on probation. At the completion of the sentence the judge 
can set aside the conviction and dismiss the prosecution. The record of the arrest and prosecution can then be removed from the public record.  
In prosecutions for first offense operating a vehicle while intoxicated, mental health professionals, prosecutors, and judges recognize the importance of beginning substance abuse and driver improvement programs immediately after an arrest. This early intervention benefits society and the offender, and often prevents repeat offenses.    

But mental health professionals, prosecutors, and judges also know that substance abuse offenders must often be coaxed into quickly beginning rehabilitation and treatment programs. So as an incentive to early intervention some prosecutors and judges began offering an early disposition of the case. That early disposition came in the form of an immediate set aside of a conviction if, on the date of the offender’s conviction, the offender had already completed a substance abuse program, driver improvement program, and other special conditions of a typical probation. Most mental health professionals, prosecutors, judges, and defense attorneys saw this as a productive and positive process.  

As with most good programs some enterprising, dishonest people found a way to corrupt the system. But the problem is not the system. The problem lies with the parties who took advantage of the good intentions of a few good people. And the blame lies not with the decent, hardworking prosecutors, defense attorneys, and judges but with those few dishonest people who corrupted the process for personal gain.  

In the media coverage of the recent convictions one reporter disparagingly referred to one judge as the “go to” judge for getting this process done. But the facts are that over the years many good, decent, and honest judges like him across this state recognized the importance of this process and encouraged the early intervention into the lives of those deserving offenders. These “go to” judges did this not for personal gain but because rehabilitation and forgiveness for deserving offenders has always been a part of the American system of criminal justice. As a society that believes in 
rehabilitation and forgiveness we should hope it remains that way. 


Alfred F. Boustany II 
attorney, Lafayette - Leslie Turk</description>
			<pubDate>Sat, 19 Jan 2013 02:11:25 +0100</pubDate>
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			<link>http://www.theind.com/news/indreporter/12612-judge-ed-rubin-was-go-to-guy-in-tainted-owi-cases#comment-27590</link>
			<description>Methinks Rubin was actually an undercover gopher for the feds, seems all a pre-arranged drop and cut and dry an this is why ( ? ) Rubin is standing in the roses. Stranger explainations may be forthcoming from our honorable DA. Everyone knows &quot; you use a thief to catch a thief. but lets not stop now, hell, its all laid out go all the way, &quot; Bust em all . - CHANO LEAL</description>
			<pubDate>Fri, 18 Jan 2013 16:44:11 +0100</pubDate>
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