FATE OF DISTRICT JUDGE UNKNOWN

Summer Decision Not Likely

TRAVERSE CITY - Michigan's Supreme Court ended its summer term Thursday
without releasing a decision on the fate of 86th District Judge Thomas
Gilbert.

Gilbert, whose duties were restricted last year after he admitted smoking
marijuana, faced possible suspension from the bench for a period of time
this summer.

In June, District Judge Michael Haley said he knew what punishment the
Michigan Judicial Tenure Commission had recommended to the Supreme Court in
Gilbert's case but that court rules prevented him from disclosing the
information.

Haley said at the time that a retired district judge had been lined up in
the event that Gilbert was suspended.

Whatever the tenure commission recommended, Supreme Court justices have not
acted upon it, and it is unlikely they will release any decisions for the
remainder of the summer, Supreme Court spokeswoman Marcia McBrien said.

McBrien, who could not comment on Gilbert's case specifically or even
acknowledge that a case is pending, said the business of the court's next
term, which begins today, will focus on preparing for oral arguments in
cases to be heard in October. Decisions are not expected to be released
until later in the term, she said.

The Supreme Court can accept, reject, or modify the tenure commission's
recommendation.

Gilbert, who admitted he smoked marijuana last October at a Rolling Stones
concert in Detroit, has been barred from sentencing drunken driving and
marijuana defendants until his case before the tenure commission is
resolved. The 86th District includes Grand Traverse, Antrim and Leelanau
counties.

After news of the incident was publicized, Gilbert took a leave of absence
to attend a four-week rehabilitation for alcohol abuse.

Haley said Wednesday that he has heard nothing new about Gilbert's tenure
commission case. He said he assumed he would have learned about it already
if the court had decided this summer on a suspension.

Gilbert, who is on vacation this week, could not be reached for comment.