MANY CALL PUNISHMENT FOR JUDGE FAIR

At Least One Justice Wanted Gilbert Off Bench

TRAVERSE CITY - District Judge Thomas Gilbert deserved a six-month unpaid
suspension for smoking marijuana at a rock concert last year, some local
residents said.

"It's the epitome of hypocrisy, I would say, for somebody to be sitting in
judgment of people when he's doing the same thing," said Judi Miller, of
Traverse City, as she sat at downtown coffee shop and read a newspaper account
of Gilbert's suspension and public censure.

"Six months off the bench? I think that's fair," said Daniel Davis, also of
Traverse City. "Everybody makes mistakes."

Davis said he was unsure whether he'd vote for Gilbert if he runs for
re-election next year.

Gilbert apologized for the incident and blamed an alcohol problem for his
marijuana use. He received treatment at a substance abuse clinic after a
witness reported his drug use last year and was ordered into a continuing
monitoring program through a state bar judges and lawyers assistance program.

State Supreme Court Justice Elizabeth A. Weaver, of Glen Arbor, had little
sympathy for Gilbert's explanation, calling it self-serving and designed to
downplay other instances of his drug use while holding a judicial position.

Weaver wanted to oust Gilbert from the bench, based on her written statements
in Gilbert's disciplinary order.

Weaver said Gilbert attempted to publicly characterize his marijuana use at an
Oct. 12 Rolling Stones concert in Detroit as an isolated incident, even though
he admitted later that he used marijuana at least twice a year up until the
incident, including while he was a judge.

That fact wasn't lost on Miller.

"I'm sure everybody who gets arrested would like to downplay it and say it's
not such a big deal," she said.

Gilbert's case does not raise the question of whether it is right or wrong to
smoke marijuana, said most of those contacted by the Record-Eagle, but rather
whether marijuana use is behavior that can be excused in a judge.

"I guess (Gilbert's suspension) is right, especially considering he did cases
that involved marijuana," said Kim Teeple, a Northwestern Michigan College
student. "He's in a position that has to uphold a certain standard."

Sean Morris, another NMC student, was more severe.

"I think he should probably lose his job, because it's hypocritical and a
double standard, saying those in power have the right to abuse it," Morris
said.

At the courthouse in Traverse City Friday morning, some staffers appeared in
better spirits than usual - based on a sense of relief over Gilbert's
punishment.

Gilbert was barred from hearing drunken driving and marijuana possession cases
over the past 10 months, forcing the 86th District's other judges, Michael
Haley and Thomas Phillips, to pick up much of Gilbert's caseload and requiring
employees to juggle their schedules.

Phillips approved of the suspension.

"As for punishment, it's an inexact science," Phillips said. "I think anything
between six months and removal would have been fair."

Shelly Kester, an attorney who ran against Gilbert for judge in 2000 and who
practices in the district court, said she is relieved that after almost a year,
the case is closed.

"It's really sad," Kester said. "There are so many thoughts and feelings I have
about it.

"I'm relieved we have a resolution, I'm just sad we had to have this chapter in
the court."