ATTORNEYS SEE THE DAMAGE, EVEN IF JUDGE GILBERT DOESN'T

Within just a few days District Court judge Tom Gilbert could be back in
Traverse City after completing a 28-day alcohol rehabilitation program,
ready to resume his duties on the bench and to put his admission that he
smoked pot at a Rolling Stones concert behind him.

What should happen instead is that Gilbert should take the advice of the
area Bar Association and resign his seat. It's a step that would help
restore the court's credibility, renew faith in the local criminal justice
system and acknowledge that, in some instances, saying "sorry" just isn't
enough.

Clearly, Gilbert has lost the moral authority that is so central to the
criminal justice system. He, and by extension the court, have been the butt
of jokes and, worse, have given the impression that the law does not operate
equally for everyone. That is unacceptable.

The Grand Traverse, Antrim and Leelanau Bar Association, which represents
about 300 attorneys who practice law in the area, said as much in a
three-page statement issued last month by the group's 12-member governing
board.

"Judge Gilbert's return to the bench will only (exacerbate) the impact on
the public's respect and confidence, and cause additional disruption to the
daily operations of the court," the statement read. "As a result, the
Governing Board of the Association calls for Judge Gilbert's resignation."

The board pointed out, and rightly, that the public has a right to expect
that judges will abide by the law and hold themselves to the highest
possible standards.

"When he sought election and took the bench, Judge Gilbert agreed to be
bound by the Michigan Code of Judicial Conduct. His conduct violates Canons
1 and 2 and seriously damages his ability to continue to serve as a judge,"
the group wrote.

"More importantly, however, his actions in knowingly violating the law
impacts the integrity and credibility of the judicial system.

"The public's respect and confidence in the judicial system has been
significantly eroded."

The fact that Gilbert is virtually immune from any form of censure or
punitive action against him, or at least any actions that have teeth or
would happen within the foreseeable future, makes it all the more imperative
that he take the initiative and step aside for the good of the system.

Local judges have no real authority over him, and the state's Judicial
Tenure Commission is unlikely to act in any meaningful way - if it acts at
all. The Tenure Commission is notorious for its lax attitude about judges
who break or bend the law, and it moves, when it moves at all, at glacial
speed.

It is much more likely that the first time Gilbert's job will be seriously
jeopardized would be nearly two years from now when he would have to run for
re-election. That is much too long. During that time literally hundreds of
people would likely come before Gilbert to face a charge, have a bond set or
be sentenced. What defendant won't be thinking, "Well, he got away with it,
but I can't."

It's inevitable. And allowing it to happen would be wrong.

Tom Gilbert has expressed regret for what he did. He said he had been
drinking and it was a lapse of judgment. He is not alone. How many of those
who appear before Gilbert and other judges to be sentenced regret what they
did or say it was an alcohol-induced lapse of judgment? It isn't an excuse
for them, and it can't be for him, either.

It's up to the judge to do the right thing. For the sake of the court and
the system, he must.