GILBERT RETURNS TO WORK AFTER OFFERING APOLOGY

On First Day Back From Alcohol Rehab Program, Judge Issues Statement, Then
Hears Civil Cases

TRAVERSE CITY - In a less than busy Monday morning back at work, District
Judge Thomas Gilbert settled a dispute over a phone bill and ruled that a
trucking company was not responsible for items it delivered that later
turned out to be damaged.

Gilbert was back on the bench after a nearly six-week absence after he
admitted he smoked marijuana at a Rolling Stones concert in October.
Gilbert, who blamed the transgression on excessive drinking, attended a
28-day out-of-state program for alcohol abuse.

He opened court with an apology and he said he was anxious to "be allowed"
to get back to work.

"I am really happy to be back here as a judge, serving humbly the people of
the community," he said. "I can't wait to get back to work."

After the hearing, Gilbert refused to answer any questions and he referred
members of the media to the statement he had made at the start of court.

In that statement, Gilbert did not address calls for his resignation that
have been made by the Board of Governors of the Grand Traverse Leelanau
Antrim Bar Association or the Antrim County Board of Commissioners.

During Gilbert's first week back he has been restricted to hearing only
civil cases such as small claims or landlord-tenant disputes. When he
returns Jan. 6 after a two-week vacation, Chief District Judge Michael Haley
and the State Court Administrative Office have limited Gilbert's docket to
include criminal cases with the exception of marijuana and drunken driving
cases.

District court cases include misdemeanors and preliminary hearing for
felonies, and civil cases for disputes under $25,000.

Of the 16 small claims cases that had been scheduled for Monday morning, all
but two settled either because the defendant agreed to pay or because one of
the parties failed to show up.

"This is not Judge Judy's courtroom ... this is real live district court,"
Gilbert told the litigants.

Before starting business, Gilbert told the courtroom that people would be
better off if they settled disputes on their own. He warned them that his
rulings may upset some of them. He also admitted that he may have gotten a
little out of the swing of things.

"It's been a little over five weeks since I've done this, so I might be a
little rusty," Gilbert said.

The first case involved the sale of a tanning salon. The woman who sold the
salon sued the buyers over an unpaid bill to a phone company for a telephone
book advertisement.

After reviewing a contract and a bill from the phone company, Gilbert
decided to make the plaintiff and the defendant split the $711 bill, even
though a document indicated that the defendant had agreed to assume
responsibility for the bill at the time of the sale.

"Because it's small claims and I'm the judge and I get to do it, I'm cutting
this baby in half," Gilbert said. "Like I said up front, I can make both of
you mad at me with one stroke of the pen, and that's what I'm going to do."

Among those made angry was plaintiff Michelle Fehrenbach.

"I think he was nervous, and basically I think that affected how he
responded," Fehrenbach said. "I just thought there was some evidence there
that was brought out that was not dealt with."

Fehrenbach said she had heard of Gilbert's trouble but she didn't realize he
would be her judge Monday until she arrived at the courtroom and saw
television cameras.

"I thought he did a really, really good job," said defendant Kim Williams,
co-owner of Advantage Tan. "He seemed really cheerful, but on the other hand
he seemed kind of edgy."

Williams, who said she was pleased with the outcome of the hearing, said she
believes Gilbert was fair but still believes he should resign.

"I don't feel he should be back up on the bench," Williams said. "I mean, he
got off pretty easy."