NINTH CIRCUIT UPHOLDS DISMISSAL OF SUIT CHALLENGING RACIALLY SEGREGATED DUI PROGRAM

The Maricopa County (Arizona) Probation Department and the Superior Court of the County initiated a program for individuals convicted of aggravated driving under the influence called the DUI Court. Actually the program consists of three different DUI courts–one a “regular” DUI Court, the second, for Spanish speaking probationers, and the final for Native American probationers. The Spanish speaking DUI Court and the Native Native American DUI Court try to use ethnically appropriate techniques to reach the particular communities. Among the tools used by all three courts are monthly check-ins, intensive probation supervision, substance abuse programs, peer support and counseling.

The County Attorney for Maricopa County together with several victims of drunk driving accidents sued in Federal Court for declaratory judgment on the the basis that the programs are ethnically discriminatory. They allege that the programs violate civil rights laws and the Fourteenth Amendment.

The District Court and the Ninth Circuit Court of Appeals dismissed the suit on the grounds that the plaintiffs did not have standing to bring the suit.

“To have standing to sue in federal court, a plaintiff must
allege ‘such a personal stake in the outcome of the controversy
as to warrant his invocation of federal-court jurisdiction
and to justify exercise of the court’s remedial powers on
his behalf.”

The Court ruled that neither the county attorney, acting on behalf of the state nor the victims have a sufficient personal interest in the DUI courts to sue in Federal Court. The County attorney’s interest is too general and since the courts are punitive the victims have no personal interest.

Since the plaintiffs do not have standing the court did not consider the merits of the suit. I would presume that the next step is for a probationer assigned to either the Spanish speaking DUI Court or the Native American DUI court to sue claiming racial bias.