A former state trooper and Guadalupe County Judge Michael Thomas Wiggins, 58, was almost late for a conference of judges this week . . . he had to make bail to be released from jail on a misdemeanor marijuana possession charge.
Wiggins was arrested after police detected “an overwhelming odor of marijuana” in the judge’s room at the local Hilton hotel in College Station. Wiggins was due to attend the V.G. Young Institute: School for County Commissioners Courts.
Wiggins was arrested with possession of less than 2 ounces of marijuana and police report that he admitted that he was smoking pot.
The arrest for a misdemeanor does not always lead to the removal of a judge from the bench or a resignation. However, it seems likely in this case. Judges are occasionally charged with DUI but do not always leave the bench.
Do you feel that 2 ounces of marijuana should be grounds for removal?
Here is his court bio:
Mike Wiggins was elected Guadalupe County Judge after winning the Republican Primary Runoff on April 11, 2006. He was sworn into office on January 1, 2007, becoming the 31st Guadalupe County Judge. And, he is a native Texan!A retired Texas DPS Sergeant, Wiggins has served his State for thirty years; the last fourteen years were served here in Guadalupe County where he was responsible for the DPS operations, he received extensive budget experience with the Texas State Legislature and was responsible for the local emergency management operations. He received his Police Administration Diploma from Northwestern University, and continuing coursework from St. Edwards University and Lamar University.
Active in many civic organizations, he was a founding board member of the Seguin Outdoor Learning Center and the Guadalupe County Children’s Lodge; he has served as president of the DPS Officers Association; past president of the Seguin Little League Board; an active board member of Buck Fever, Committee Chairman of Bass Fever; a booster member of Seguin Sports; an active member of the Seguin Area Chamber of Commerce and the Seguin Hispanic Chamber of Commerce.
In his campaign for County Judge, Wiggins pledged to provide a new level of leadership, guidance and direction of the County, to advocate for emergency services, seek federal funding, and continue to support and preserve the ranching and agricultural heritage of Guadalupe County.
Source: San Antonio as first seen on ABA Journal
JCThe BigTree has some good stuff here.
This opens up a good can of worms for the judge’s defense on the pot charge. He has an illness which requires him to inbibe pot and this was recommended by a science paper he read. He submits the government patent documents to prove the validity of the health value of the pot. It is called the Uncle Sam Defense–if its good enough for the govment, its good enough for me. And if he bought it from one of those doctors out in Sacramento then he has some more ammo. In Texas one needs ammo in litigation.
They also sell bags of incense in that county. Two ounce bags. He was burning incense to hide the smell of the dirty bathroom.
Blouise et al,
Is it OK if the judge gets blind drunk at home at times? Society frowns, but does not forbid it.
As for respect for the law by those who would judge. Well, JC said: let he who is without sin cast the first stone…… So requiring all judges to be law-abiding in toto might be compared and judged on that basis
Didn’t our most recent appointee say her”wise Latina character” could be a good thing to carry there. Certainly she did not mean respect for law; rather respect for life and its quandaries.
Besides, the big O. appoints a lot of questionable people, a large number who are questionalble on many grounds, and most likely pot smoking too.
And yet he also nominates judge candidates. Have they, do theysmoke, and laugh with their fellow smokers at exclusive gatherings. Don’t know, but open to the possibility.
Life and this society is difficult to categorize solely on principles and merit.
Myself I don’t do grass, but have. Unlike “blue dress spots” I did inhale a few times. Found it too pleasant to accomodate in a John Doe life..
Talkindog:
Since I am pro choice I must oppose his prosecution. But since I am against cancer I would suggest that he buy life insurance to provide for the wife and kids.
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There is quite a bit of research out over the last decade and more that shows smoking Cannabis is not linked to cancer. The American Cancer Society has said it does not believe a link exists. In fact, studies have shown that THC (and Cannabinoids,) the active ingredient(s) in Cannabis that get you high, injected into cancerous tumors in mice have actually led to those tumors shrinking. Not only does it not cause cancer, it has been shown to INHIBIT cancer!
Also, US Patent # 6630507, which is held by the US GOVERNMENT by way of the Health and Human Services Department holds that Cannabinoids (again, active ingredients in Cannabis) are useful in the treatment and prophylaxis of a wide variety of oxidation associated diseases, such as ischemic, age-related, inflammatory and auto-immune diseases. The cannabinoids are found to have particular application as neuroprotectants, for example in limiting neurological damage following ischemic insults, such as stroke and trauma, or in the treatment of neurodegenerative diseases, such as Alzheimer’s disease, Parkinson’s disease and HIV dementia.
Now, I’m not a lawyer, but I wonder how the government can purport to the public that Cannabis has NO medical value, while at the sametime holding a patent explicitly saying that some of the main ingredients in Cannabis have myriad medical benefits. On top of that, how is a government allowed to hold a patent? Beyond that, how is anyone allowed to hold a patent on a plant designed by nature?
Personally, I’m willing to be it makes him a better judge.
That being said, the problem is not in the smoking of the Cannabis itself, its in the law that he’s breaking by doing it. You really can’t have judges held to a different standard than the rest of us.
I’d be interested to see how he’s handled pot-related cases in his court room.
Either way its too bad he wasn’t smart enough to go into the shower, get some good steam going, and put a towel under the door…
But really, when are we just going to legalize it…how much time and money do we waste every year fighting a losing battle against a plant?
I am in favor of legalized marijuana but that day ain’t here yet which is something Judge Wiggins knows. Thus I find myself having to agree with mespo when he writes, “You can’t judge others if you can’t control yourself.”
Smoke em if ya gottem. So sayeth John Wayne to his platoon as they sat down in the jungle following a long march in the jungle. Of course the Cong smelled the tobacco from miles away and snuck up on them and started shooting. John Wayne and other actors and movie production companies have been paid by the tobacco companies to push their cancer product for as long as movies have been produced and sold to the open minded public. It is maybe good to keep the population down in a place like India but there are few curbs on the cancer illness and even Susan G. Komen is not spending money to curb smoking.
Pot is illegal because the buzz one gets from it is different from the buzz one gets from tobacco. Different strokes for different folks. So this guy is being prosecuted instead of rewarded by our society all on the choice of buzz.
Since I am pro choice I must oppose his prosecution. But since I am against cancer I would suggest that he buy life insurance to provide for the wife and kids.
As to whether he is a good judge or not I think his pot choice is better than if he got caught with tobacco but just looking at him I would bet that he smokes both. Smoke em if ya gottem.
Mespo727272
“nobody wants….” your alcohol-ridden body careening down the road….., nor your tobacco-cancer ridden body running up our health care costs…..etc.
I thank that maybe the equal protection which shields minorities would have helped substance abusers (as they are called so sillyly).
How about outlawing other dependencies—-like religion—-with negative social consequences?
The no second part harm inhibitions are ridiculous.
While marijuana shouldn’t be illegal, this guy needs to go. If for no other reason, not to force him from the bench would only serve to illustrate the hypocrisy of a two-tiered legal system given the draconian nature in which the State of Texas deals with other pot smokers. Then again, blatant reminders of this hypocrisy are the only way to bring about enough outrage to effect change.
roger gundrson:
You’re right about the legalistic approach to the social problem that is the Drug War, but not about the absolute right to ingest anything you crave. You get responsibility with freedom. Nobody wants your drug-addled body careening down a highway at 2:00 a.m. on the wrong side of the road. By the way, the official government leaves the “people alone” in Somalia. How’s that working out?
Two oz. or 200#; whats the difference. The government has no right to prohibit any drug use or ownership. Natural law is is not supposed to be governed. We humans have a complete right to ingest, smoke, inject anything we want into our bodies. It’s my body. I own it. Nobody owns my body. Our mommy and daddy government wants to control my body. Why? What i do with my body is my business. 100%. Didn’t they learn anything form alcohol prohibition? Prohibition will NEVER work!! This “drug war” is really stupid; our government just don’t get it. Just leave the people alone.!
ARE,
I may be incorrect but….Does not the County Judge also do traffic tickets, uncontested Probate matter, set bonds and other ancillary type of things?
mespo,
The only person this one is answerable to is the Voters and removal from office for certain enumerated misdemeanors…This is not one of them….Then again….He works and lives in a fairly laid back community and went to Aggieland….Where they are still living in the ages before women had rights…
Tim Wayne:
“I wished every judge smoked pot. Some laws *should* be broken.”
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I suppose you mean all the laws that don’t directly protect you.
“Do you feel that 2 ounces of marijuana should be grounds for removal?”
No.
I wished every judge smoked pot. Some laws *should* be broken.
I understand the “give-away” was the Judge’s daily confiscation of the juror’s take-out lunches. As for removing him–no way. Who better to judge the character of a pot smoker than one himself? 😀
Seriously, he has to go. You can’t judge others if you can’t control yourself. It’s a privilege not a right.
Interesting question… What are the considerations?
1. Is he doing a good job – does the behavior impair his ability to perform his job to a high standard?
2. undermine the legitimacy of the institution – does the behavior properly cast disrespect upon the institution in the minds of the public, which respect is needed for the normal operation of the system?
Well, thank goodness this was not forgone by 2 years investigation and chain-sawing of the wrong door. Although the judge might have peeed on the floor. Poor puppy, he thought he was above the law.
Somebody was obviously out to get him. Envy, refusal of pay raise…..???
Meanwhile, paint dries…
Well there at least is NO question that he did provide a higher level of leadership! The county judge is the cheif administrator of a county. It has nothing to do with the court system.
“Do you feel that 2 ounces of marijuana should be grounds for removal?”
It was less than two ounces (“arrested with possession of less than 2 ounces of marijuana”) …
How did the police get outside his room to smell the pot smoke in the first place?
Anyway, I think he fulfilled his campaign pledge:
If I recall correctly County Court Judges donot have to be attorneys….