cannabisnews.com: Credibility Question of Top Concern 





Credibility Question of Top Concern 
Posted by CN Staff on November 16, 2002 at 21:17:41 PT
By Patrick Sullivan, Record-Eagle Staff Writer
Source: Traverse City Record-Eagle 
When college student Albert C. Greiner appeared before District Judge Thomas Gilbert in October to be sentenced for use of marijuana, he expected to spend a few days in jail. The 21-day sentence Greiner received seemed fair, he said, because he knew the judge would take into account his many previous brushes with the law.
In light of Gilbert's own admitted marijuana use, however, Greiner said Gilbert's refusal to grant him special school release to complete class assignments now strikes him as unreasonable."I wish you'd thought of that before you committed the crime, OK?" Gilbert told him.   Since news broke that the judge twice puffed from a marijuana cigarette at a Rolling Stones concert in Detroit on Oct. 12, Gilbert has taken leave from the bench and enrolled in rehabilitation program for alcohol abuse.   Some in the criminal justice community wonder whether Gilbert has irrevocably damaged his moral authority to be a judge.   "If I had ever done something this dumb I would not be able to go out there and sit on the bench and look someone in the face and sentence them," Circuit Judge Philip Rodgers said.   Gilbert's biggest trouble stems from his acknowledgment that he broke the law, Rodgers said. As someone whose job it is to administer the law, it places him in the position of being a hypocrite.   "The difficulty that Judge Gilbert faces is that you cannot effectively perform as a judge without having both integrity and credibility," he said. "The act of consuming marijuana in a public place is a formidable, if not fatal, blow to that credibility."   Rodgers and others say that the effectiveness of a sentence is not measured merely by the number of days a defendant spends behind bars or the conditions assigned to them while on probation.   Judges must be able to impress upon defendants that they must take responsibility for their actions.   "You have credibility with felons, and that may seem odd to the community, but that develops over time," Rodgers said. "You are trying to connect with these people in a fashion you hope they can understand."   Part of that credibility comes from what offenders say to each other about their experiences standing before a judge. The great majority don't agree with the sentences they receive for their crimes, Rodgers said, but they understand why they were sentenced for their crimes.   "You can't drive down crime or control the rate of crime if you don't have a credible justice system," said Dennis LaBelle, Grand Traverse County's prosecutor. "That's really what he's done, he's called into question the standards that we've lived under for years."   Public officials live by different standards than the average citizen, LaBelle said. When a person goes into public service, especially in the criminal justice system, they understand that they have accepted a duty to live by higher standards.   "We have a special obligation and a special duty toward the public because these jobs are so important," LaBelle said.   Anyone familiar with the courts understands a long-standing and well-known truth - that when a judge takes the bench, their life must change.   Many no longer visit bars. Circles of friends become smaller. Rodgers said he withdrew from the Chamber of Commerce - where he was a member for years and had friends - because, as a judge who would hear many cases related to business, he could not risk the appearance that his judgment could be compromised.   "You must be willing to act as an example to the community," Rodgers said.   For many public officials, Gilbert's transgression is merely an occasion for sadness.   "He has been a friend, he is my friend, he's going to continue to be my friend," said Traverse City Police Chief Ralph Soffredine. "He used bad judgment. I think he just made a mistake."    Soffredine sees Gilbert's mistake as bad news for all local public officials.   "When one of us screws up, all of us screw up. They paint us with a large brush," he said. "The court's a little bit different - they live in maybe a brighter glass house than the rest of us."    Soffredine believes Gilbert's fate should be decided by the people. Gilbert's term expires in two years.   Bob Baker, lead counselor for Munson Medical Center's intensive outpatient evening program for substance abuse, does not believe Gilbert's use of marijuana will have a negative impact on the court.   "The people who would have diminished respect for the court already had diminished respect for the court, and this just becomes further ammunition," said Baker, who also serves as an adviser to the district court's drug court program.   Rather, the incident and the ensuing outcry should serve as a demonstration of just how serious drug abuse can be.   "It's not like he's being excused," Baker said. "There are huge consequences that he's experienced, so it's not like everybody's just pooh-poohed it."   Baker and others also praised Gilbert for not attempting to cover up what he did. Baker said he hoped the experience would lead Gilbert to make some behavior changes.   Many have responded with a mixture of concern for Gilbert and concern for the court. Attorney Michael Stepka, president of the Grand Traverse Antrim Leelanau Bar Association, believes concern for the court's integrity is most important.   "I'm shocked that this has occurred and I feel terrible for Tom and his family and for the court," Stepka said. But, he stressed: "The integrity of the system is something that has to prevail. It's the most important thing at this point."   Like others, Stepka would not say whether he believed Gilbert should resign, but he said he is concerned whether Gilbert can restore his reputation.   "That's hard to recover from and that's hard, I think, to repair," Stepka said.   Paul Jarboe, an attorney who often works in district court, had similar thoughts.    "Our jobs are hard enough," Jarboe said. "If the judgment of the judge is called into question the effectiveness of the court suffers."   Gregory Justis, a Petoskey defense attorney who has practiced in front of Gilbert in Antrim County, defended Gilbert, saying he believes Gilbert's transgression amounts to less damage to the court than what is being made of it.   "I am rooting for him to not resign, stay on the bench and get past this thing because we need more judges like him," Justis said.   Justis believes a trend toward more conservative judicial decisions has been taking place in northern Michigan and that criminal defendants are finding it increasingly difficult to get fair, unbiased hearings or trials.   Gilbert has received some unwelcome support from proponents of marijuana legalization, who argue the event signals a need for decriminalization of the drug.   Bruce Cain, whose Internet moniker is Professor Hemp, published a drug policy magazine for almost 10 years.   "You would hope that having been through this it would temper his disposition to really penalize people for this," Cain said.   But Cain was skeptical upon learning that Gilbert planned to enter an alcohol abuse program.   While at the Rolling Stones concert Gilbert "wasn't thinking what a terrible person he was for smoking a joint," he said. "If he wouldn't have gotten caught he would never have come up with this silly story about needing rehabilitation."   Patrick Sullivan is the reporter for crime, courts and public safety.    Source: Traverse City Record-Eagle (MI)Author: Patrick Sullivan, Record-Eagle Staff WriterPublished: November 17, 2002Copyright: 2002 The Traverse City Record-EagleContact: letters record-eagle.comWebsite: http://www.record-eagle.com/Related Articles:Gilbert Reveals Private Thoughts http://cannabisnews.com/news/thread14772.shtml Judge To Enter Rehab Program http://cannabisnews.com/news/thread14756.shtmlAnonymity a Myth for Toking Judge http://cannabisnews.com/news/thread14748.shtml 
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Comment #5 posted by BigDawg on November 18, 2002 at 07:42:53 PT
His credibility would only stand IMO
if he were to join the anti-prohibition movement. To enroll in rehab for smoking a joint at a concert is showing exactly how much his credibility is lacking. He is only there in an attempt to save his already (unfortunately) ruined career. 
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Comment #4 posted by The GCW on November 17, 2002 at 06:45:13 PT
Credibility ???
District Judge Thomas Gilbert’s credibility should be questioned less than the credibility of the discredited laws against cannabis.
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Comment #3 posted by knox42897 on November 17, 2002 at 03:31:37 PT:
Traitors to the human race
you cannot effectively perform as a judge without having both integrity and credibilityWhen one of us screws up, all of us screw up. They paint us with a large brushJudges who sentece non-violent drug offenders to prison are traitors, lacking any integrity or credibility.
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Comment #2 posted by freedom fighter on November 16, 2002 at 22:43:31 PT
Justice HA!
I SPIT this so-called JUSTICE.More like this whole thing is sooooo Sick!Justice? HA!ff
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Comment #1 posted by Nicholas Thimmesch on November 16, 2002 at 22:05:42 PT:
Silly
Obviously the problem is the law, not the substance: this whole thing is silly.
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