By now we all know Lindsay Lohan tested positive for cocaine and Adderall, and that she's being held in custody for probation violation. At first glance, it makes sense that Judge Elden Fox would throw the book at her -- until you remember it was Fox who allowed Lohan to leave rehab early.
Lohan went straight from her last jail term to UCLA Medical Center, where she was due to spend three months in rehab. Yet she left the facility after only 23 days. Her lawyer, Shawn Chapman Holley, said "the treating doctors at UCLA felt she had done everything required of her there." Fox, the judge who ordered this rehab term, must have signed off on Lohan's early release.
It's apparent Lohan has a long-term substance abuse problem. Her first stint in rehab came in early 2007, when she checked into the Wonderland facility. In summer 2007, she was arrested for DUI and checked back into rehab. After a second DUI less than two weeks after this latest spell in rehab, she underwent a third stay in a rehabilitation center and spent 84 minutes in jail. Lohan then had a couple of years without visits to jail or rehab, but she now appears to be actively battling addiction once again.
Why, then, would a judge deem it appropriate for her to leave rehab after serving less than a month of a three-month term? Judge Fox was obviously lenient at the wrong tim, and now he's throwing the book at Lohan to make up for it. While it's ultimately Lohan's responsibility to get and stay sober, it's Judge Fox's responsibility to make consistent legal decisions. A waffling judge can only hurt Lohan's resolve to beat her drug problem.