cannabisnews.com: Anonymity a Myth for Toking Judge Anonymity a Myth for Toking Judge Posted by CN Staff on November 14, 2002 at 09:07:48 PT By Susan Ager, Free Press Columnist Source: Detroit Free Press You'd think you could hide in the dark at a rock concert five hours from home. You'd think you could forget that you're an elected judge and wallow in nostalgia for two hours, remembering your youth, before responsibility fell on your shoulders. You'd think that when someone passed a joint down your row, and it wound up between your own thumb and forefinger, you could lift it to your lips and take a puff, for old times' sake. But the night has a thousand eyes. And so did that Rolling Stones concert on Oct. 12 at Detroit's new Ford Field. On the hot seat Traverse City District Judge Thomas Gilbert, who is 45 years old, must have scanned the stadium packed with 45,000 middle-agers like him and relaxed into anonymity. But a woman from Elk Rapids recognized him. She, too, was 250 miles from her home, which is in Gilbert's district. She watched as he took two puffs from that joint. And a few days later, she turned him in to his boss, who has not released her name. Gilbert, cornered, admitted his mistake and last week took a voluntary leave from his job. He faces the possibility of censure, suspension or removal from the bench. In a statement he said, "I broke the law by twice puffing on a marijuana cigarette. . . . My misconduct was observed by a local citizen who did the right thing by bringing this to the attention of the court . . ." "I extend my deepest apologies, pledge that this will never happen again, and hope and pray that the community will eventually forgive me for my reckless actions." I, for one, have forgiven him already. Lighten up I know, I know, he's a judge and should have known better. Nobody disputes that he violated the Michigan Code of Judicial Conduct which says quite clearly: "A judge must avoid all impropriety and appearance of impropriety. A judge must expect to be the subject of constant public scrutiny. A judge must therefore accept restrictions on conduct that might be viewed as burdensome by the ordinary citizen . . ." Yes, he was stupid. But geez, if you can't be a little bit stupid at a Stones concert, where can you be? A Detroit police officer says nobody was arrested for smoking dope at the concert. "So much was going on there," says Officer Andrew Smith, "that you couldn't have gotten everybody. It was very smoky." Some smokers "were tossed out," he said, but not arrested. Like it or not, what Gilbert did is barely illegal anymore. Using marijuana is a misdemeanor in Michigan, punishable by no more than 90 days in jail and a $100 fine. In Ann Arbor, you get only a $25 ticket. Like Ann Arbor, 12 states levy only fines for pot use, from Alaska and California to Mississippi, Maine and even Washington, D.C. But geography is destiny, and barely illegal is illegal enough. The New York Post, however, published news about Gilbert's mess under the headline "Weird But True." I found myself wondering if Gilbert would be under the gun if he were turned in for something else, if someone saw him making an illegal left turn, for example, or witnessed him shooting at a buck in his backyard the night before opening day. In any case, I'd advise him and any other judge to limit future transgressions to a locked closet in the basement, behind the furnace, if possible, at 4 a.m., maybe on Christmas morning, when the busybodies of the world might not be watching.Source: Detroit Free Press (MI)Author: Susan Ager, Free Press ColumnistPublished: November 14, 2002Copyright: 2002 Detroit Free PressContact: letters freepress.comWebsite: http://www.freep.com/CannabisNews Justice Archiveshttp://cannabisnews.com/news/list/justice.shtml Home Comment Email Register Recent Comments Help Comment #18 posted by FoM on November 15, 2002 at 07:59:52 PT News Brief from ClickOnDetroit Pot-Smoking Judge To Enter RehabJudge Acknowledged Marijuana Use November 15, 2002TRAVERSE CITY, Mich.-- A Traverse City judge who acknowledged smoking marijuana at a Rolling Stones concert will enter a 28-day program for alcohol abuse. District Judge Thomas Gilbert has been on voluntary leave since Nov. 6th. He admitted to Chief Judge Michael Haley that he smoked marijuana at the Oct. 12th concert in Detroit. An Elk Rapids woman reportedly spotted the 45-year-old Gilbert puffing on a marijuana cigarette as it passed along a row of people at the concert. Gilbert later issued a statement in which he apologized for "this error in judgment." Haley has said alcohol may have contributed to Gilbert's decision to take two puffs from the cigarette. Gilbert will be on leave from the bench at least until Dec. 16th while enrolled in the out-of-state rehab program. http://www.clickondetroit.com/det/news/stories/news-178789420021115-071155.html [ Post Comment ] Comment #17 posted by BigDawg on November 15, 2002 at 06:08:05 PT My feelings aren't about vindictiveness, but are about justice. Nobody should be subjected to criminal charges for MJ. That is why I say it is a shame it had to happen. But until the people making and enforcing these laws are held subject to them, there is no justice. It is not right to jail anyone for pot, but it is even less right to jail some, while those that promote jail get forgiveness.I wish he would have said, "It was only recreational pot... so what?" But more likely he knew he would look like a hippocrit if he did. I can only hope that he doesn't join forces with other "forgiven" WOD warriors. He should, if he is genuine, join our side of the fight. [ Post Comment ] Comment #16 posted by afterburner on November 14, 2002 at 21:52:50 PT: A basket of treasures from Richard Cowan. A basket of treasures from Richard Cowan at MarijuanaNews http://www.marijuananews.comLive Free or Die – In Pain. The Ignorance and Arrogance of the Quacks Who Deny Pain Relief to the Sick and Dying. http://www.marijuananews.com/news.php3?sid=587 Posted by Richard Cowan on 2002-10-25 15:06:34 Source: www.marijuananews.com“Some patient groups have complained they're not getting enough help from the medical community in applying for legal exemptions that allow people to smoke pot for chronic illnesses… Officials with the palliative care program in Edmonton have decided not to support those applications.”We should not wait until we are at the mercy of those who have arrogated to themselves the power to deny us our most basic rights when we are at our most helpless.******************************************Democracy, Cannabis and the Drug Czar. Arrests Remain Close to Record Levels. Support for Medical Cannabis Now Up to 80%. And 34% Favor Full Legalization. We Are Winning, But The People Are Suffering. http://www.marijuananews.com/news.php3?sid=587 Posted by Richard Cowan on 2002-10-28 20:59:41 Source: www.norml.orgNORML observes that “the total number of marijuana arrests far exceeds the total number of arrests for all violent crimes combined, including murder, manslaughter, forcible rape, robbery and aggravated assault.”"These numbers belie the myth that police do not target and arrest minor marijuana offenders. In fact, the war on drugs is largely a war on pot smokers." ******************************************The Steven Tuck Defense Fund. He Must Be Not Abandoned By This Movement, Or The Movement Is Morally Bankrupt. http://www.marijuananews.com/news.php3?sid=588 Posted by Richard Cowan on 2002-11-01 15:25:56 Source: www.marijuananews.comIf we condemn such treatment of someone who has suffered so much in service to his country, then how can we speak of compassion and abandon him when he has done so much to alleviate the pain of others? We must stand up for him as he stands up against the predators. ******************************************The Washington Post and The Evil of Banality. "Only the hypocrite is really rotten to the core.” http://www.marijuananews.com/news.php3?sid=589 Posted by Richard Cowan on 2002-11-04 16:56:03 Source: http://www.washingtonpost.comThis evil was foreseen by the Commandment against giving false witness, because it involves making the whole of society complicit in the evil. Lying to the people, depriving them of meaning and context, banalizing important questions, these are the essential support mechanisms of evil in a democratic society. That is the specialty of The Washington Post, and it was manifested at its most blatant in an editorial published on last Friday.******************************************Their Liars Beat Our Liars. Freedom Has Nothing to Fear from the Truth, But Much To Fear From Those Who Think That the End Justifies The Means. Analysis By Richard Cowan http://www.marijuananews.com/news.php3?sid=590 Posted by Richard Cowan on 2002-11-06 21:09:24 Source: www.norml.org“This is a bitter pill. The people we serve are being exploited and betrayed. As if their burden were not high enough, now they are betrayed by some on our team...” ******************************************Leading Dutch Anti-Prohibitionists Say, “The Quality Of The Drugs-Debate Is Abominable.” http://www.marijuananews.com/news.php3?sid=591 Posted by Richard Cowan on 2002-11-11 15:47:42 Source: www.nrc.nl“It is true that, although some sensible 'guesstimates' can be made, the full consequences of 'legalization' can not be predicted with scientific precision. But we do know the dramatic consequences of present day drugs prohibition in considerable detail. Just compare drug use data of say the Netherlands and the USA.”******************************************link from above Leading Dutch Anti-Prohibitionists Say,...Swiss Government Says Going Dutch Does NOT Violate Treaties. Implications for Other Countries, Especially Canada and UK. Plus Full Text of UN Nark Press Release. http://216.9.192.67/news.php3?sid=563 Posted by Richard Cowan on 2002-07-30 05:39:51 Source: http://www2.swissinfo.org/ ego destruction or ego transcendence, that is the question.p.s. If this information violates our guidelines, please delete. If not, please enjoy. [ Post Comment ] Comment #15 posted by herbdoc215 on November 14, 2002 at 21:40:47 PT Just like that Bush brat, everybody wants to say how fine it is she didn't go to jail in some Quixotic attempt to enjoin these monsters to see our side or grow a heart. HaHa and Santa will come let your kid out when his ass goes to jail for crack cause no lying ass Bush is EVER going to have one IOTA of compassion on any of us or our children, unless of course their the "proper" sort (white, affluent, conservative, etc.). These people knew this crap all along, hell Jeb even turned it into a positive 'I feel your pain bs'. As long as we continue to allow them to shuffle their wives and children out of the prison que we are pissing in the wind. She should be in prison doing HARD time just like any black child in Florida would be doing RIGHT NOW. Justice my ass! Steve Tuck [ Post Comment ] Comment #14 posted by Naaps on November 14, 2002 at 21:35:14 PT Go Easy on Judge Gilbert I would be interesting to know more about his record in handling cases involving cannabis. The article itself doesn’t pursue or mention it.While judges, police and members of the legal profession are supposed to live with some scrutiny and avoid impropriety, I thrill to see them use, sell or grow cannabis. These people entrusted with positions of respect and authority, facing significant potential of disruption, does much to undermine the blind obedience to unjust and capricious law. Their insurrection carries more clout than that of regular scofflaws.If I were at the concert, being handed a fine joint, there would be no hesitation, in drawing an immense inhalation. It goes against my grain to declare that another person, doing, as I would have, in the same situation, should then experience any wrath or consequence, supported and cheered on by me.I know a couple lawyers who periodically indulge. A buddy of mine claims to have toked with a judge at a party. Another buddy had a doctor whom he smoked with. In all these cases, I respect these people perhaps a little more for partaking, clearly sharing some of the attitudes I have about the individual sanctity of one’s body unfettered and inhibited by government scrutiny. [ Post Comment ] Comment #13 posted by CorvallisEric on November 14, 2002 at 21:28:14 PT Before I pass judgment I would want to know what his judicial record is like. Does anyone know? It's possible he's one of the good guys to the extent he is able to be. Maybe not likely, but possible. If he isn't, maybe he will turn around, even if only to avoid future accusations of hypocrisy. It seems to me that in the future he could be very useful as a judge.On the other hand, he might also be useful as an activist if he doesn't get to remain a judge. [ Post Comment ] Comment #12 posted by canaman on November 14, 2002 at 16:04:59 PT He has no right to Judge others, futhermore any Judge that subjects others to drug testing as terms of their probation should be tested themselves. Hypocrisy needs to be exposed in all it's forms. Now if he had stood up and said "Hey...it's only pot!" I may have had a little respect for him. [ Post Comment ] Comment #11 posted by goneposthole on November 14, 2002 at 15:43:32 PT kangaroo court A court characterized by dishonesty or incompetence.-dictionary.comLooks like the good judge is qualified for this kind of court, also.Let's demonize the bastard and hang him. He helped kill an innocent. The commercials from ONDCP say so. [ Post Comment ] Comment #10 posted by SirReal on November 14, 2002 at 14:46:22 PT how many people dat judge lock up...? *sheesh* [ Post Comment ] Comment #9 posted by Dan B on November 14, 2002 at 14:45:06 PT I also agree with Steven . . . Consider this scenario: You are busted while smoking a little weed with some friends. You go before a judge, and he sentences you to a hefty fine and perhaps some community service, and during the sentencing he reminds you of what a terrible crime it is that you have committed and what a bad, bad boy or girl you have been. You pay your fine and complete your community service, and you think that is the last you will see of the judge. A few weeks later, you are at a Rolling Stones concert, and who should you see? Why, the judge! And what is he doing? Smoking a big fatty! What do you do?I know what I'd do. I'd turn his a$$ in.Unless the "power people" are held to the same standard as the rest of us, they will never see a need to change the laws. We have to hold their feet over the fire just as they hold ours. It is not only not fair to let them get away with something for which they punish us; it is plain wrong.Those are my two cents.Dan B [ Post Comment ] Comment #8 posted by Ethan Russo MD on November 14, 2002 at 13:14:20 PT: Rather It is easy to be vindictive, but isn't what we really want that justice is equal and reasonable? In other words, we should not be punished for smoking a joint, and he should not either so long as no one else is harmed?That seems to be the real issue. [ Post Comment ] Comment #7 posted by BigDawg on November 14, 2002 at 13:09:15 PT I have to agree with Steven It is a shame that this has to happen, but the fact of the matter is that people are sent to jail (by the culprit no less) everyday for what that man did. And he plays it off by saying he hopes he will be forgiven. Forgiven??? I have never seen forgiveness as a possible sentence for possession of MJ. This ranks up there with GW Bush, Al Gore, and many others who have admitted to youthful indiscretions that many have been jailed for, but they ask us to forgive and forget, after they have destroyed peoples lives by backing the drug laws.I wish this didn't have to happen, but as long as THEY want the drug laws THEY should have to live by them. [ Post Comment ] Comment #6 posted by freddybigbee on November 14, 2002 at 12:49:42 PT: Your money or your soul... The saddest part of this pathetic story is the judge's comments after being "caught" in this heinous crime. Of course he had to lie and say what an awful thing he did, in hopes he won't lose his career (his livelihood, his money).Why couldn't he just say cannabis is a natural herb that many people find beneficial and/or enjoyable; and that it is not a legitimate function of government to prohibit natural herbs? Oh yeah, I forgot, the money... [ Post Comment ] Comment #5 posted by herbdoc215 on November 14, 2002 at 11:15:41 PT Dr. Russo, it's not about impairment it's hipocrit ical of the upper classes to think they can sit in judgement of others and then go break the law with impunity? This is the very thing that enrages the youth and minorities of America today, that some pigs are more equal than others. In every segment of American society the privileged take their safety for granted while leaving the rest of us to fend off the sociopaths who were placed in charge of the police today that they KNOW they don't have to deal with. Very few positions of trust and power are staffed with people who paid to educate themselves not to mention the debt of community owed to those who took the time to sheperd us all thru childhood. And justice for all. Peace, Steven Tuck [ Post Comment ] Comment #4 posted by Ethan Russo MD on November 14, 2002 at 10:23:44 PT: There But for the Grace of God I'm pretty sensitive to this story, as I also attended a Rolling Stones concert last week. No I didn't, thank you very much, but to be honest, I would have liked to have partaken.However, compare what happened here to what we experienced. The buffoon next to us must have had a blood alcohol of 0.4% or better, and barfed repeatedly during Sheryl Crow's entire set. He then split, necessitating mass clean-up and several people with major dry cleaning bills to anticipate. He came back later to reclaim his $300 seat, much to the chagrin of all. When confronted by the ushers, he just shrugged and claimed, "I'm fine!" I'd hate to experience his head and gastrointestinal tract the next day.I imagine this judge went home and resumed the bench unimpaired. Who was hurt? Should he really lose his job? I think not. I'd defend him if I had the opportunity. [ Post Comment ] Comment #3 posted by Morgan on November 14, 2002 at 09:45:08 PT ...and a C please. "But a woman from Elk Rapids recognized him. She, too, was 250 miles from her home, which is in Gilbert's district. She watched as he took two puffs from that joint. And a few days later, she turned him in to his boss, who has not released her name."Why is her name not released? Is she not proud of her accomplishment? Shouldn't she be publicly recognized as the civic hero that she is? Shouldn't she get a medal or a proclamation and a picture in the local Elk Rapids paper for saving our children from an evil person such as this pothead judge?What is she hiding from? The public? [ Post Comment ] Comment #1 posted by fearfull on November 14, 2002 at 09:25:28 PT B*T*H! I'd like to but a vowel... [ Post Comment ] Post Comment