JUDGE GOES ON LEAVE FOR SMOKING JOINT AT CONCERT

Thomas Gilbert Admitted To Smoking Marijuana At A Rolling Stones Concert In
Oct.

TRAVERSE CITY - District Judge Thomas Gilbert has taken an indefinite
voluntary leave from his duties after he was spotted smoking marijuana at a
Rolling Stones concert at Ford Field in Detroit.

Gilbert's leave was effective Wednesday after he admitted the drug use to
Chief District Judge Michael Haley and District Judge Thomas J. Phillips at
a meeting earlier in the week.

"He's full of shame and regret and it's just a very sad day for the district
court," Haley said Thursday.

Haley said he interviewed an unidentified Elk Rapids woman last week who
reported she witnessed Gilbert twice take a drag from a marijuana cigarette
as it was passed along a row of people at the concert.

"She was concerned about it because she saw a judge smoking a joint, and she
was rightfully concerned," Haley said.

Haley, Phillips and several other court staff members also happened to be at
the Rolling Stones concert on Oct. 12, but they were seated in separate
sections of the stadium and did not witness Gilbert smoke marijuana.

Gilbert, a former Traverse City commissioner, was not available for comment,
but Haley provided the Record-Eagle with a written statement from Gilbert.

"I broke the law by twice puffing on a marijuana cigarette during a rock
concert," Gilbert wrote. "I deeply regret this error in judgment, for I have
let down my fellow judges, the court staff, my family, and the community."

Gilbert will be on voluntary leave until at least Nov. 15, pending a
professional assessment for substance abuse. Gilbert can return to the bench
upon the recommendation of a substance abuse treatment provider, but he will
be limited to hearing only civil cases until further notice, Haley said.

"Based on what I know about Tom personally and professionally, I cannot
believe that this is just a gross judgment error or a character flaw. I
believe that this conduct is the result of substance abuse" that also
involved alcohol, Haley said.

Haley, who in an interview was clearly troubled by the revelation, said he
believes people, including judges, should get a second chance.

"Judges come in all shapes and sizes, they have all kinds of personal
issues, problems, chemical dependency, and they're human beings," he said.
"Judge Phillips and I and the staff would like to see him back on the bench,
we're behind him, we believe he's a good man."

But he also said his concern for Gilbert is secondary to his concern for the
integrity of the court.

"I will do everything I can do to ensure the integrity of the court, which I
believe is very good at this time," he said.

Haley said he needs time to consider the implications of the incident for
the court. For example, as chief judge, Haley may bar Gilbert from hearing
certain criminal cases, such as marijuana cases.

Meanwhile, Gilbert, who is two years into a four-year term, has submitted a
misconduct disclosure to the Michigan Judicial Tenure Commission.

According to Haley, after an investigation, the commission's options for
Gilbert include a private censure, a public censure, a suspension with or
without pay, limiting his judicial duties, such as precluding him from
presiding over criminal cases, or removing him from the bench.

While Gilbert is on leave, his docket will be handled by Haley and Phillips.
Haley said there should be no significant impact on the court's docket. The
86th District Court encompasses Grand Traverse, Antrim and Leelanau
counties.