POLL: GILBERT SHOULD QUIT

TRAVERSE CITY - Most Grand Traverse area residents believe 86th
District Court Judge Thomas Gilbert can no longer be an effective
judge and should either resign or be replaced, a Record-Eagle poll
says.

Sixty-two percent of Grand Traverse, Leelanau and Antrim County
residents contacted by the Lansing-based EPIC/MRA polling firm said
Gilbert should resign because his use of marijuana at an October rock
concert has destroyed his effectiveness as a judge. The three counties
constitute the 86th District.

In comparison, only 33 percent said he should continue in his
position, while 5 percent were uncertain.

The opinion held steady in each county and across almost all
differences in age, gender and education.

"There's no ground swell of people up there coming to his aid," said
EPIC/MRA director Ed Sarpolus. "What you've got is a real lack of
confidence in his ability to be effective. Even if he could be a good
judge or a fair judge, there'll always be that question of doubt -
will he bend the rules, or will he go harder on someone than he
should? There's a sense, even among people who seem disposed to like
him, that he's got to fall on his sword."

In November, Gilbert admitted to having smoked marijuana in public at
a Rolling Stones concert in October after a local woman reported
having witnessed the incident. He apologized for his behavior, which
he blamed on poor judgment and excessive drinking, and spent 28 days
in a Minnesota rehabilitation facility before returning to work this
month.

Although he is back on the bench, Gilbert is working under several
restrictions imposed by Chief District Judge Michael Haley. Most
significantly, he is barred from hearing cases involving drunken
driving or marijuana use. Both Haley and the State Court
Administrative Office, which oversees local judges, have said the
restrictions will continue indefinitely.

The Antrim County Board of Commissioners, the board of governors of
the Grand Traverse, Leelanau and Antrim Bar Association and many area
residents have called on Gilbert to resign, although others, including
some of his fellow attorneys, have spoken in his defense.

In general, the poll shows the embattled judge maintains scant support
among the area's oldest and youngest voters (70 percent of residents
over 65 said he should resign, as did 64 percent of those aged 18 to
29).

Younger women tended to be more sympathetic than other groups (only 50
percent said he should resign, compared to 48 percent who said he
should stay in his post), and residents of Leelanau County were more
inclined to let his offense pass (40 percent of Leelanau residents
said he should continue in office, compared with 25 percent of Antrim
residents and 34 percent of Grand Traverse residents).

Typical of Gilbert sympathizers in both groups was 37-year-old Karen
Posey, a Northport architectural drafter.

"I don't feel it's necessary for him to resign, and whether I'd vote
for him again would depend on when he runs and who he runs against,"
she said. "What he did was certainly a mistake, but he didn't show
ill-will toward any particular group of people or an explosive temper,
which are the things I would disapprove of."

Nevertheless, the poll showed that Gilbert only had significant
support in two groups: younger adults with some college experience and
males in their early 30s. Those two categories - which share some of
the same members - were the only segments of the population where a
majority of respondents said Gilbert should stay in office.

But when asked to comment on Gilbert's effectiveness as a judge, even
those two groups backed away from their support. In each group, only
four in 10 thought he would continue to be effective, while the other
six thought he would find it difficult or impossible to maintain his
effectiveness in office.

When asked what they would do if Gilbert weathers the current storm
and run for re-election in 2004, only one in 10 said they would vote
for him again. The other nine would either vote for another candidate
or simply vote to replace him.

"I was happy to see that he confessed right away and sought some
treatment, but somebody who is a judge themselves can't be judging
others who committed the same offenses," said 31-year-old Mike Shevy,
a substitute teacher in Traverse City. "He's lost his
credibility."

Confidence in Gilbert was even lower among other groups. Overall, less
than one-fourth of respondents thought the judge can continue to be
effective, while the other three-fourths thought it would be more
difficult or impossible for him to retain his effectiveness. And 91
percent of respondents said they have no intention of voting for him
if he should run for re-election next year.

Sarpolus said he was impressed by how familiar area residents were
with the Gilbert controversy and various issues related to it; 66
percent of respondents said they were "very" or "mostly" informed
about the matter, while 32 percent described themselves as "only a
little" or "not at all" informed.