Pubdate: Sun, 14 Sep 2003
Source: Traverse City Record-Eagle (MI)
Copyright: 2003 The Traverse City Record-Eagle
Contact:  http://www.record-eagle.com/
Details: http://www.mapinc.org/media/1336
Author: Patrick Sullivan
Bookmark: http://www.mapinc.org/people/judge+Gilbert

GILBERT TO RESUME MOST OF HIS DUTIES 

Only Emergency Circuit Court Tasks Limited 

TRAVERSE CITY - District Judge Thomas Gilbert will resume the duties of a
district judge in October, including hearing cases that involve marijuana and
alcohol abuse.

Gilbert, whose duties were restricted last year after he admitted he took two
puffs from a marijuana cigarette at a Rolling Stones concert in Detroit, is
slated to take on a full docket beginning Oct. 1.

The decision comes amid frustration by local judges over the state Supreme
Court's delay in making a decision in a judicial misconduct case against
Gilbert.

"This is not a reasonable amount of time to wait for any sentence," said
District Judge Michael Haley. "It could be that it's just not a priority."

Haley, the 86th District's chief judge, said the decision to restore Gilbert's
duties resulted from a consensus he reached with Gilbert and District Judge
Thomas Phillips.

Gilbert did not return messages seeking comment.

The judicial misconduct case has been pending before the Supreme Court since
June when the Judicial Tenure Commission sent a recommendation to the Court.

The contents of the recommendation, which could include anything from a private
admonishment to a suspension to removal from office, have not been released to
the public.

Haley said he has heard no explanation for the delay.

"I've heard nada, zero, nothing from anybody," he said.

The Supreme Court and the Court Administrator's Office have not taken a
position on the restoration of Gilbert's duties.

"It's not typical to have a judge on a restricted docket in the first place,"
said Marcia McBrien, spokesperson for the Supreme Court. "So it's impossible
really to respond as to what the court would typically do in a situation like
this because the situation itself is atypical."

McBrien said she could not comment on the amount of time the Supreme Court has
taken to decide Gilbert's case.

However, as Gilbert's case has lingered, the Court has issued a complaint in at
least one other judicial misconduct case that came to light after Gilbert
admitted he smoked marijuana.

Gilbert may get back his district court judicial duties, but he'll remain
banned from circuit court.

Circuit Judge Philip Rodgers said Gilbert has not been appointed to the circuit
court - as district judge typically are - to serve in emergencies or conduct
circuit court arraignments and he won't be until disciplinary action against
him is resolved or he is re-elected.

Gilbert's faces re-election next year.
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MAP posted-by: Doc-Hawk