Utah kids who light up may land in Tobacco Court Program aims to get teenagers to quit smoking Last updated 08/05/1998, 11:13 a.m. MT By Jenifer K. Nii Deseret News staff writer       Even as talk of cracking down on big tobacco went up in smoke earlier this year, one Utah judge was emerging as an innovator in the fight to keep kids from lighting up. Joseph Anderson       With the beginning of the school year, selected Utah schools have volunteered to participate in the nation's first Tobacco Court, a pilot program geared specifically to address the increasing numbers of kids who smoke.       The brainchild of 3rd District Juvenile Court Judge Joseph Anderson, the court was born out of desperation and a sense of frustration at a failing system.       "I kept seeing the same kids come before my court with tobacco charges, but there were no programs I could send them to," Anderson said. "They didn't have anything like the drug programs we have available for kids."       All he could do was fine them and send them on their way. Not a very effective way to handle a problem many people say is skyrocketing out of control.       Aside from the fact that more than 3,000 kids become regular smokers every day in America, and that nearly a third will die prematurely from tobacco-related illnesses, Anderson said there are other side-effects to tobacco use that many people overlook.       "Tobacco is the drug that gets everybody hooked on to other things. It's a gateway drug. Not only that, but as they get into other drugs, they have to find ways to pay for them, which gets them involved in other types of activities that would land them in court."       In 1996, there were more than 10,000 smoking citations issued in Utah, Anderson said, and nearly half were in his district. But because smoking is perceived by many in the justice system as a less-serious offense, little was done to address the problem.       "There were simply too many," Anderson said. "They would have clogged up the court's docket."       Time, money and staffing all worked against juvenile court judges, many of whom are already overworked with more severe cases. But the problem remained. And the more Anderson learned about what happens to kids who smoke, the more he tried to come up with a workable compromise.       "We had to find a way to not impact the court so much, but still address the problem," he said.       It took more than two years of careful thought and collaboration between the juvenile justice system, the state Board of Health and the Department of Education, but it looks as though Anderson may have found his compromise.       Three school districts — Murray, Jordan, and North Summit — will participate in the Court's pilot program, which will work something like this: The Tobacco Court will be largely dependent on the participating schools, which generally issue the majority of smoking citations. However, other law enforcement officers will be taking part in the program as well. A copy of the citation will be sent to the Court's Tobacco coordinator, who will schedule a date for the teen (along with a parent or guardian) to appear. There, the child will have the choice to either pay a fine or attend a smoking-cessation program. The amount of the fine will increase with the number of citations, as will the length and intensity of the cessation program. In addition, if the child fails to comply with the Court, judges will be able to revoke their driving privileges for up to six months per citation.       The Court will be run by pro-tem judges (volunteer attorneys who are given the power to act as judges in specific areas), much like small claims courts. It will also be held in the same place and at the same time as small claims courts, Anderson said, so it won't require additional security or facilities.       "Basically, except for paying the salaries for two part-time people, the court is not costing anything," Anderson said. Money donated by the Attorney General's office, the state departments of Education and Health, Sandy City, the Fitness Institute at LDS Hospital, and the juvenile justice system will go to pay the few paid employees and purchase supplies.       The facilities are essentially free, and Anderson said there is every indication that plenty of lawyers are willing to volunteer their time on the court.       Other judges have been wary to hop on the Tobacco Court bandwagon as of yet, Anderson said, but that may change once the pilot program is evaluated at the end of the school year.       In spite of the skeptics and critics, the Judge is making no apologies.       "It's a different way to attack the problem, and I think it's an effective way," Anderson said. "It forces kids, through legal sanctions, toward the education and cessation side, which is the most effective in the long run. But this is a means to get a hold of kids who smoke, and get their attention."       So heads up, kids. The court is in session.