Lafayette Judge Resigns Protesting Increased Penalties

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.)