Pubdate: Sat, 04 Oct 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: Keith Matheny, Record-Eagle staff writer
Bookmark: http://www.mapinc.org/people/Judge+Gilbert

JUDGE MAY YET BE OUSTED 

Lawmakers Want More Answers Before Deciding 

TRAVERSE CITY - Some state legislators are considering invoking a
Constitutional provision to oust suspended 86th District Court Judge Thomas
Gilbert from office.

State Sen. Michelle McManus, R-Lake Leelanau, was among three legislators who
signed a letter to Gilbert on Friday that asked him to answer a series of
questions regarding his marijuana use.

If and how Gilbert answers those questions, McManus said, could determine
whether she pushes ahead with a removal plan.

She said Gilbert has 30 days to answer the questions or "we will find it
necessary to introduce a resolution for removal from your judgeship."

Also signing the letter were state Rep. Ken Bradstreet, R-Gaylord, and state
Sen. Alan Cropsey, R-DeWitt, Chairman of the Senate Judiciary Committee.

State officials suspended Gilbert for six months without pay on Sept. 25,
nearly a year after a witness spotted him smoking marijuana at a rock concert
in Detroit.

McManus said Article 6, Section 25 of the state constitution allows for the
removal of a judge from office if both houses of the state Legislature call for
it by at least two-thirds majorities.

McManus said she would await Gilbert's answers, then consult again with
Bradstreet and Cropsey to determine any further course of action.

Gilbert did not respond to a message seeking comment left at his home Friday.

The letter asks Gilbert to respond to a number of questions, including:

*- How many years has Gilbert smoked marijuana?

*- How many times has Gilbert used marijuana since assuming his judgeship?

*- From where did Gilbert acquire the illegal substances?

*- Has Gilbert referred his marijuana providers to proper legal authorities,
and has the judge himself ever provided another with marijuana?

*- Has Gilbert ever served as a judge within 18 hours of smoking marijuana?

*- Has Gilbert's alcohol consumption led him to use other illegal substances
during his time on the bench? Gilbert has cited alcohol as a factor that led to
his marijuana use.

The legislators also ask that Gilbert disclose all documents from his Judicial
Tenure Commission hearings "for the public benefit."

During the judicial misconduct investigation, Gilbert admitted he used
marijuana "approximately two times per year and has continued to do so since
becoming a judge," according to the commission's order.

McManus said she wanted to ask the questions after receiving numerous inquiries
from constituents and after reviewing the Judicial Tenure Commission's orders.
She said she sided with Justice Elizabeth Weaver, who dissented in the
commission's September order, saying testimony should be made public and
calling for Gilbert's removal from the bench for the remainder of his term.

"As a public citizen, I certainly have more questions, because I have not been
given all the answers. It's been suppressed; it's confidential," McManus said.

McManus said she hoped Gilbert would resign, something the judge has said he
will not do.

"I wanted to do something for the moms, the dads, the school administrators and
teachers who have to tell kids that they can't smoke pot because it's illegal,
and then explain why a judge can get away with it at minimal penalty after
admitting to it," said McManus.
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