GILBERT HASN'T EARNED A RETURN TO FULL DUTIES

Oct. 1 is a red-letter day for 86th District Judge Thomas Gilbert: It's the day
court officials take the training wheels off his gavel and allow him to resume
full district court judicial duties, including hearing drug and alcohol cases.

Forgive us if we don't join the revelry.

Gilbert is a disgrace to the court and has been since a witness fingered him
for puffing pot at a Rolling Stones concert last year. Gilbert blamed alcohol
abuse for his indiscretion and admitted himself to a treatment center. The
treatment light bulb didn't come on, of course, until after he realized he'd
been caught red-handed.

Gilbert's apologists prattle on about forgiveness and the judge's willingness
to obtain treatment for his problems, but they avoid the obvious reason the
disgraced jurist didn't turn in his robe: In no way, shape or form could he
make as much money, have a similarly liberal fringe benefits package or enjoy
the same level of public authority if he resigned and was forced to return to
cobbling together a living as a local defense attorney.

Gilbert knows that if he hangs on he has a chance to be re-elected next year.
Sadly, some voters pick judges based on name familiarly and the incumbency
designation on the ballot.

The Gilbert saga has many interesting subplots beyond the obvious absurdity of
a law-breaker who never faced the music himself handing down punishment to
those who've committed similar crimes.

For one, Gilbert has become a punch line around the country - everyone knows
about the partying judge from Traverse City.

Second, and most intriguing, are the rumors surrounding the disciplinary action
long overdue from the Judicial Tenure Commission and the wise souls on the
state Supreme Court.

The high court - whoops, bad choice of words, perhaps - supposedly is split
over Gilbert's punishment.

Some reportedly want him permanently stripped of his robe, while others think a
lengthy suspension would suffice.

Meanwhile, nothing gets done and Grand Traverse-area taxpayers are stuck paying
a judge whose refusal to accept responsibility for his acts has so damaged the
court's credibility.

Perhaps Gilbert's local bench brethren moved to put him back on full-scale duty
as a way to prod the Supreme Court into action and speed his eventual ouster.

Based on the Supreme Court's sloth-like approach thus far, maybe that will
work.

If not, Gilbert will soon resume handing out justice to drunken drivers, pot
smokers and small-time criminals, none of whom had the good fortune to possess
a black robe when they embarked on their own little indiscretions.