A judge in Lafayette has decided to resign his position rather than enforce tougher anti-marijuana laws.
“I cannot in good conscience sit on the bench while being unwilling to enforce the municipal ordinances,” Frieling said in a resignation letter to city officials. “Specifically, since you have seen fit to increase the penalty for cannabis possession from a $100 fine (which matches the state penalty) to a $1,000 fine and a year in jail, I find that I am morally and ethically unable to sit as a judge for the city.”
Frieling continues.
Frieling said he was willing to enforce the old ordinance despite a personal belief that the war on marijuana is “ridiculous.” He said it makes no sense for cannabis to be illegal for adults who are allowed to drink alcohol, and the proposed penalty in Lafayette would set a bad precedent.
Is it possible that the end of prohibition is again in the air?
Oh come on, it’s an honest mistake. I never actually considered that he would have gotten busted for the same crime in two Lafayettes.
I am the ex-judge who resigned on Monday of this week. WE WON!! The city council of Lafayette Colorado withdrew the proposed ordinance. The ourtpouring of support was truly amazing. I did not make a huge personal sacrifice in quitting. I rarely sat as backup judge. On the other hand, it was a no-brainer. Thanks for the happy thoughts.
It takes a village to raise a stink.
Lenny Frieling
The lame-ass comment I was going to post is canceled; it’s gonna be hard to beat #32.
#32, Lenny
I respect your long and honorable career. To resign though because you don’t like the law is wrong. If the law is wrong, then the US Constitution does have the out; the Eight’s Amendment. If you have sworn to uphold the Constitution then, in my opinion, you could have ruled the ordinance as unconstitutional.
Admittedly this would be subject to appeal, it would however, force those in favor of the ordinance to explain and justify why the law is not cruel. It also requires the Appeal Court to write a reasonable opinion justifying one way or another.
Resigning from a position where a person could have done something just means next week you are yesterday’s news. Lafayette may be better today, but not the rest of the country.
#32 – Lenny, thanks for actually having principles and being willing to act on them!
#34 – You have a point, but I suspect if Lenny experienced an outpouring of support, it implies that his action got a lot of coverage and public notice. I’m of two minds here, as I was when Lenny resigned – risking review by a right-wing-corrupted judiciary, or concentrating heat on an indefensible resolution that some opportunistic politician thought would make him look good? Here’s the crux of it: Would a declaration of unconstitutionality have gathered the same amount of notice?
A bigger question is whether there is enough legitimacy left in the U.S. government and its judiciary to trust a federal judge to do the right thing on appeal. I have serious doubts. The freedom and liberty of the citizens of the U.S. have a pretty low priority among U.S. authorities, as does rational legislation in congress. A high-profile public gesture like Lenny’s might have been the best thing he could have done to help stem the still rising tide of drug war idiocy.