JUDGE REFUSES TO ORDER RELEASE OF VOTE RESULTS

WASHINGTON (AP) -- A federal judge refused on Monday to order the
District of Columbia Board of Elections and Ethics to immediately
release the results of a Nov. 3 vote to legalize marijuana for medical
purposes in the nation's capital.

U.S. District Judge Richard Roberts ruled that the federal government
should be given more time to decide whether it wants to act as a party
in the case and argue against the release of the vote results.

An amendment to the D.C. budget, passed by Congress last month, barred
the district from spending any money to conduct an initiative that
could change the penalties associated with certain controlled
substances, including marijuana.

Although the amendment was passed too late to prevent the initiative
from getting on the D.C. ballot, the provision did prevent elections
officials from counting and releasing the vote, said board of
elections attorney Kenneth McGhie.

The board is the named defendant in the case. But it sided with the
plaintiffs, including the American Civil Liberties Union, arguing that
it should be allowed to calculate the vote results and release them.

"Every day that the votes are not being counted our rights are being
violated," said John M. Ferren, an attorney for the city.

Janis Kestenbaum, a Justice Department attorney, said the government
is considering arguing against releasing the votes and may defend the
legislation preventing money from being spent on medical marijuana
initiatives from future legal challenges. But she said the government
was not prepared to decide that Monday.

"We only recently got notice of this," Kestenbaum said. "We have not
had enough time to figure out what we are going to do, whether we are
going to intervene or not."

Roberts ordered the parties to submit suggested summary judgments by
Nov. 30 and said a hearing probably would be set for Dec. 10.

Checked-by: Patrick Henry