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MailTribune.com Writer Posted Apr. 5, 2016 @ 2:00 am Updated Apr 5, 2016 at 12:13 PM Posted Apr. 5, 2016 @ 2:00 am Updated Apr 5, 2016 at 12:13 PM » Social News p bs:newslist StartDate="20121121" EndDate="p bs:datecalc Months="3"" DateSort="1" UseObjects="1" ObjectClass="81" Taxonomywords="2325,665" ExactTaxonomyMatch="1" Image="1" Count="4" --> A decision by the Jackson County district attorney not to offer a conditional discharge to the former Jackson County Community Justice director accused of buying methamphetamine raises an interesting constitutional question: Is a public official, especially one in the criminal justice field, entitled to the same sentencing consideration as an ordinary citizen? Shane Hagey faces a charge of possessing methamphetamine after he allegedly bought the drug from an informant during a police investigation. He was arrested on Dec. 30 and placed on paid administrative leave the next day. His employment with the county ended March 25. Hagey has pleaded not guilty to the charge; a pre-trial conference is scheduled for May. District Attorney Beth Heckert has said she will not offer Hagey a plea agreement that includes a conditional discharge because of his position in the community. Under a conditional discharge, if a defendant meets certain conditions, such as completing drug treatment, for a specified period of time, the case can be dismissed and no felony charge will appear on the person's record. It's understandable that Heckert would want to avoid the perception that Hagey was receiving preferential treatment. His position as head of adult probation and parole programs, juvenile probation and detention and the Community Justice Transition Center makes his alleged crime especially noteworthy. If he is convicted of the charge, Hagey certainly should not escape the consequences of his actions. But that is true of everyone found guilty of possessing meth. And many of those are offered conditional discharges. The 14th Amendment to the U.S. Constitution says all persons are entitled to the equal protection of the law. Article I, Section 20 of the Oregon Constitution says, "No law shall be passed granting to any citizen or class of citizens privileges, or immunities, which, upon the same terms, shall not equally belong to all citizens." That doesn't mean everyone accused of possessing meth is entitled to a conditional discharge. Hagey's attorney notes the District Attorney's Office policy denies conditional discharges for persons who have previous drug convictions or a previous deferred sentencing program. Hagey has neither, and he has already completed a drug treatment program. The DA's policy also takes into consideration the likelihood of completing treatment when deciding to offer conditional discharge. In other words, the only reason Hagey is not receiving that offer is because of who he is, not anything he has done or failed to do. Shane Hagey's career is essentially over, even before he goes to trial. It's hard to see how treating him more harshly than other drug defendants will serve any purpose beyond protecting the DA's office from accusations of favoritism. If the U.S. and state constitutions mean what they say, he should be treated the same as any other defendant in the eyes of the law. MailTribune.com Writer Posted Apr. 5, 2016 @ 2:00 am Updated Apr 5, 2016 at 12:13 PM » Comment or view comments Terms of Service /* $( document ).ready(function() { // Jquery mobile is trying to style the button and leaving a blank gry button on top of a white button $("#viafouracoms .vf-comment-controls li.vf-right").html(' Submit '); });*/ » STAY INFORMED Email NewsLetter Sign Up Today Sign up for our newsletter and have the top headlines from your community delivered right to your inbox. calendar Connect with MailTribune.com Facebook Twitter RSS Back to top Reader Services Reader Services Home Subscriptions Subscriber controls Contact us Submissions Photos Events Letters to the editor Corrections Announcements Obituaries Story ideas Since you asked Alerts Email Alerts RSS Feeds Text Alerts Advertise Media Kit Home Products and services Ad rates Advertising contacts Propel Marketing Mail Tribune Daily Tidings The Nickel Shop Our Valley Blogs Mobile Site Stay Informed Email newsletter Sign Up Today Sign up for our newsletter and have the top headlines from your community delivered right to your inbox. 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