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Topic: Judge goes on leave for smoking joint at concert Return to archive
11-08-02 12:12 PM
VoodooChileInWOnderl - Thomas Gilbert admitted to smoking marijuana at a Rolling Stones concert in Oct.
By PATRICK SULLIVAN
Record-Eagle staff writer

TRAVERSE CITY - District Judge Thomas Gilbert has taken an indefinite voluntary leave from his duties after he was spotted smoking marijuana at a Rolling Stones concert at Ford Field in Detroit.
Gilbert's leave was effective Wednesday after he admitted the drug use to Chief District Judge Michael Haley and District Judge Thomas J. Phillips at a meeting earlier in the week.
"He's full of shame and regret and it's just a very sad day for the district court," Haley said Thursday.
Haley said he interviewed an unidentified Elk Rapids woman last week who reported she witnessed Gilbert twice take a drag from a marijuana cigarette as it was passed along a row of people at the concert.
"She was concerned about it because she saw a judge smoking a joint, and she was rightfully concerned," Haley said.
Haley, Phillips and several other court staff members also happened to be at the Rolling Stones concert on Oct. 12, but they were seated in separate sections of the stadium and did not witness Gilbert smoke marijuana.
Gilbert, a former Traverse City commissioner, was not available for comment, but Haley provided the Record-Eagle with a written statement from Gilbert.
"I broke the law by twice puffing on a marijuana cigarette during a rock concert," Gilbert wrote. "I deeply regret this error in judgment, for I have let down my fellow judges, the court staff, my family, and the community."
Gilbert will be on voluntary leave until at least Nov. 15, pending a professional assessment for substance abuse. Gilbert can return to the bench upon the recommendation of a substance abuse treatment provider, but he will be limited to hearing only civil cases until further notice, Haley said.
"Based on what I know about Tom personally and professionally, I cannot believe that this is just a gross judgment error or a character flaw. I believe that this conduct is the result of substance abuse" that also involved alcohol, Haley said.
Haley, who in an interview was clearly troubled by the revelation, said he believes people, including judges, should get a second chance.
"Judges come in all shapes and sizes, they have all kinds of personal issues, problems, chemical dependency, and they're human beings," he said. "Judge Phillips and I and the staff would like to see him back on the bench, we're behind him, we believe he's a good man."
But he also said his concern for Gilbert is secondary to his concern for the integrity of the court.
"I will do everything I can do to ensure the integrity of the court, which I believe is very good at this time," he said.
Haley said he needs time to consider the implications of the incident for the court. For example, as chief judge, Haley may bar Gilbert from hearing certain criminal cases, such as marijuana cases.
Meanwhile, Gilbert, who is two years into a four-year term, has submitted a misconduct disclosure to the Michigan Judicial Tenure Commission.
According to Haley, after an investigation, the commission's options for Gilbert include a private censure, a public censure, a suspension with or without pay, limiting his judicial duties, such as precluding him from presiding over criminal cases, or removing him from the bench.
While Gilbert is on leave, his docket will be handled by Haley and Phillips. Haley said there should be no significant impact on the court's docket. The 86th District Court encompasses Grand Traverse, Antrim and Leelanau counties.
Patrick Sullivan is the reporter for crime, courts and public safety. He can be reached at (231) 933-1478, or at [email protected]
11-08-02 01:09 PM
nankerphelge I'm sure when he looks back on it years from now, he'll be glad he did the wrong thing!!
11-08-02 01:25 PM
jb That's a republican for you!!!
11-08-02 01:30 PM
nankerphelge At least he inhaled and enjoyed it!!
11-08-02 01:32 PM
jb Nanker, do you think W. and John A. would approve of your recreational activities? I trust you would get a fairer shake in front ole Bill....
11-08-02 01:42 PM
nankerphelge No - unfortunately, that particular activity falls outside the "acceptable" for both parties.
11-08-02 02:18 PM
Dan Probably the most tense moment of the 3 shows was during the frisk in line at the Wiltern when I realized I still had my sneak-a-toke in my pocket and was afraid I would have to pull it out right in front of my mom.
Maybe I should send it to the judge.
11-08-02 09:56 PM
Martha What crap....alcohol is 900x's more deadly just read the recent issue of TIme magazine( the one with the pack of joints on the cover)..where inside you'll learn that it would take a 160 lb. person (in one sitting mind you) smoking 900 joints to effectvely kill them..did ya know they've been researching this???..wonder who got knocked off in that trial..!

I rolled on the floor laughing at the thought of someone trying to smoke 900 joints! How the hell LONG would it take to smoke 900 joints???? I think death would come not from smoking that many numbers but rather from the time it would take to smoke that much chiba....days..weeks...and what about the munchy affect..hell you'd eat yourself into death first..and could you even keep your attention on smoking...hell Ican see it all now... you'd be spacin' that shit way out...duuuuh the joint went OUT again man...ahhhhhhhh shit...!

Of course, I did conduct my own research many years ago by smoking an ounce with two other people in the course of a weekend..no not a three day weekend, just the regular Friday night thru Sunday night routine. No one croaked..but we didn't have the 5 star stuff..so who knows maybe we were right on the edge and were simply naive and unaware....oh youth..!

Hey, I ain't apolgizing for that either....

To think this judge has to apologize like he's done something wrong for taking a hit at a Stones show.....give me a fuckin' break! He wouldn't have to think about apolgies for getting drunk unless he did something (outrageous) to apolgize for while under the influence. No one would think anything about him drinking several drinks..but take a hit..and here come the police..who snitched on him again??..what crap.
11-08-02 10:11 PM
VoodooChileInWOnderl Yes, alcohol is a legal drug, worse than many others and the second addictive one after heroin/morphine.

Hangover = Cold Turkey, that's why a beer is good for a hangover.

If pot would be the legal drug instead of alcohol the society would be more productive and creative!

Ev'rywhere I hear the sound of marching herbie, boy

11-08-02 10:45 PM
Martha LOL..Good one Voodoo...! And I agree...pot smoking = some good euphoric fun....!

900 joints....still ROTFLMAO!
11-09-02 07:00 AM
luxury1 Last time I took a hit off something some stranger passed to me at a show, I ended up passed out on the floor--missed the fucking encore! Learned my lesson, --always bring your own.
11-09-02 11:51 AM
nankerphelge That sure sounds like a foreign-chiba Nolte.
Were you drooling?
11-09-02 01:36 PM
kath it's amazing that this poor schmoe has to go through all this. it IS the 21st century, isn't it? and so what if he took a couple tokes at a stones concert? jeeeeezzzzzz, lighten up.

it is ok to drink a lot of beer or whatever (at the tacoma dome you can't take beer into the dome after a certain time, so they were making people chug it out by the vendors areas...thre's something WRONG with that logic)....but god, you take a toke on a joint that gets passed to you and you suddenly belong on death row....

it's the stones!! for most of us, it is ONE night every 5 years or so when they come around...we have one night, really only 2 hours or so when we can let it loose and have a really good time. be as silly as you want, wear giant tongues, trying to find just the right t shirt for this show (it's PRESSURE, man!!)..and you can dance all you want to, it's the stones and ain't nobody standing still!! so i say, he didn't hurt anybody, he wasn't driving under the influence, he took a couple hits off a joint. BFD. i agree with whoever it was that posted, "years from now he'll be glad he did the wrong thing". damn straight.
11-09-02 01:41 PM
Moonisup just come to holland
11-09-02 06:21 PM
nankerphelge Kath gits it!

Whenever confronted with a tough decision, ask yourself WWJD?

What would Jagger do?

Toke on yer honor!