Pubdate: Fri, 22 Nov 2002
Source: Traverse City Record-Eagle (MI)
Copyright: 2002 The Traverse City Record-Eagle
Contact:  http://www.record-eagle.com/
Details: http://www.mapinc.org/media/1336
Author: Patrick Sullivan
Related: http://www.mapinc.org/drugnews/v02/n2097/a04.html
Related: http://www.mapinc.org/drugnews/v02/n000/a231.html

BAR BOARD CALLS FOR GILBERT TO RESIGN 

The Bar Association's Statement Cites The Michigan Code Of Judicial Conduct

TRAVERSE CITY - The governing board of the area bar association has called
for the resignation of District Judge Thomas Gilbert in the wake of his
admission that at a concert last month he smoked marijuana.

The 12-member board, which represents about 300 attorneys who practice law
in Grand Traverse, Antrim and Leelanau counties, drafted a three-page
statement at a meeting Wednesday night calling for the judge's resignation.

Gilbert was spotted at a Rolling Stones concert at Ford Field in October
twice puffing from a marijuana cigarette. He has since admitted he smoked
marijuana at the concert and has taken a voluntary leave from the bench.

"We're not trying to pick a fight here," said attorney Paul Jarboe, a member
of the bar association's governing board and chairman of the association's
district court judicial liaison committee. "We're not trying to kick anybody
when they're down." 

Jarboe said he and other board members believed it was their responsibility
to take a position on Gilbert in reaction to the impact Gilbert's admission
has had on the 86th District Court.

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

The bar association's call for Gilbert's resignation comes on the heals of
criticism from Circuit Judge Philip Rodgers, who condemned Gilbert's
transgression in an interview last week with the Record-Eagle. Rodgers said
Gilbert's illegal drug use makes it nearly impossible for him to effectively
perform the duties of his job. 

Gilbert, who is in a Minnesota rehabilitation clinic for treatment for
alcohol abuse, was not available for comment Thursday. But Gilbert indicated
in an interview with the Record-Eagle last week that he has no intention to
resign.

The bar association's statement cites the Michigan Code of Judicial Conduct,
in particular a section on the canon of ethics judges are supposed to
follow: "A judge must avoid all impropriety and appearance of impropriety. A
judge must expect to be the subject of constant public scrutiny."

Jarboe and bar association president Michael Stepka said they do not expect
the statement will have any impact on the Michigan Judicial Tenure
Commission, the office which oversees the conduct of judges and can take
disciplinary action.

The commission's executive director has said no action will be taken on
Gilbert for months or years, if ever.

In their statement, bar association board members also said they do not
expect action from the tenure commission.

"The Association does have an obligation, however, to comment on the conduct
of Judge Gilbert, the effect of his conduct on his ability to serve as a
judge, and the impact his conduct is having on our local judicial system,"
the statement reads.

The statement continues:

"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.

"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 bar association has no authority over Gilbert and cannot force him to
resign. Gilbert's term expires in two years when he will face re-election.

The statement was drafted after an informal survey of bar members, Jarboe
said. The attorneys were asked whether they believed the bar should take a
position on Gilbert and what that position should be.

Jarboe said members overwhelmingly believed Gilbert should resign.

"Overwhelmingly probably isn't a strong enough word," Jarboe said. "He
should step down."
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MAP posted-by: Doc-Hawk