In April of 1996, President Judge Freedberg entered an Administrative Order adopting a local procedure for ARD in summary cases. The following types of summary cases are eligible for summary ARD:

• retail theft;
• purchase, consumption, possession or transportation of intoxicating beverages by one less than 21 years of age;
• misrepresentation of age to secure liquor by one less than 21 years of age; and
• carrying a false identification card.

In April 1997, a new charge of use of tobacco in schools prohibited was made eligible for the summary ARD program.

In December 1999, defendants charged with the following offenses became eligible for the summary ARD program:

• disorderly conduct and
• harassment if defendant is a juvenile.

An alternative sentencing program conducted by the Forks Township Police Department was also approved for the charges of criminal mischief, disorderly conduct and harassment when committed by a juvenile.

A District Judge determines if a defendant is eligible for summary ARD. The summary ARD program allows the defendant to have the summary charge dismissed upon successful completion of an educational program. These programs enable the participants to learn how their behavior affects others and help them to better understand risk behaviors. It also teaches them decision-making skills. The program used for summary ARD cases of retail theft is Stoplift conducted by The Program for Women and Families. The Decisions Program of Valley Youth House and the Crossroads Program are referrals for alcohol-related offenses. Crossroads and the American Lung Association Program are referrals for tobacco in school offenses. For juveniles charged with disorderly conduct, criminal mischief and harassment the Choices Program of Valley Youth House may be used.

The summary ARD program has been well received by the District Judges and the community. In 2007, there were 571 participants in the program. Of the 571 participants, 497 (87 %) successfully completed the program. 29 of the participants are in the process of completing their programs. 45 participants (7%) did not successfully complete their programs and requested summary trials or pled guilty to their charges at the appropriate District Court.

These statistics demonstrate the willingness of the District Judges to divert first-time offenders of certain summary offenses.

In 2006, Judge Robert Freedberg gave approval for the automatic expungement of successfully completed summary ARD cases. The MDJ petitions the court for expungement of each case and with the DA’s approval, expungements are granted. This saves the person from hiring an attorney to have the summary case expunged.

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