I am the Lafayette ex-associate judge who resigned on Monday to protest the attempts by the City Council, inspired by the "main" judge, to increase the penalty for petty offense possession (under 1 oz) of cannabis, from $100 to $1,000 and a year in jail, maximum. Although this was never my "day job," and in spite of not having taken the bench as a backup judge in quite some time, I was still #2 in line if needed.

The mayor of Lafayette told the press that since this was not a set penalty, but just a max penalty, that we were free to stick with the $100 fine. I personally believe that it is wrong to sit as a judge with a hidden agenda. It seems wrong to me to be willing to take the bench, and to impose sentences, even at the municipal level, while being absolutely unwilling to enforce the law as the City Council intends.

This issue has taken on a life of its own, and when the City Council addresses it again on 2/20/2007, they will have the spotlight of the media, SAFER, SANE, NORML, MPP, and the ACLU, as well as the citizens of this fair city watching. That is as it should be.

Lenny Frieling

(See Judge Frieling's press release from yesterday afternoon here.)

Following my resignation as a Lafayette Municipal Court Associate Judge in protest of an unnecessary and drastic proposal to increase marijuana possession penalties in the City of Lafayette, some misinformed officials with the city launched an attack on my character, spurring news stories that suggested I was no longer an associate judge with the city at the time of my resignation.

According to a member of the local press who requested my employment history from Lafayette Human Resource Director Pam Spring, my employment status was "active" as of Tuesday, Feb. 13, 2007. Ms. Spring also informed this individual that , while a new judge had been hired last April, I had not been replaced and retained my position with the City. It is true that I had not been called to sit on the bench for a while.

As a result, the message I intended to send with my resignation is still as pertinent now as it was when this story first broke. The City hired me because they trusted my judgment, and I can no longer serve as a judge for a city willing to go to such great measures to ensure they have the ability to punish non-violent adult marijuana users more harshly than the state mandates. I do not pretend that it was a huge personal sacrifice. I am not the issue. The issue is the issue.

Thus, I will be standing in opposition to this measure at a press conference Tuesday, the day on which this measure's fate will be determined. More details about this event will follow from Safer Alternative For Enjoyable Recreation (SAFER). I suspect that I will NOT attend the city council meeting on Tuesday evening. The city council SHOULD be informed of the position of the public on this issue. I suspect that they already are aware of my position, and won't benefit from hearing it again. I would be a distraction, and this story is not about me.

Lenny Frieling

(See Judge Frieling's blog piece written for DRCNet's Speakeasy here.)