CB
04-22-2008, 10:41 PM
04/19/2008
April 19, 2008
Times Argus
MONTPELIER — A Windsor lawyer and part-time judge used marijuana to counter the effects of severe migraine headaches and pain in her arms and legs from an inflammatory disorder, and as a result should only lose her law license for two months, a Vermont Supreme Court disciplinary counsel has recommended.
Martha Davis' medical problems and her otherwise clean record has led the disciplinary counsel to suggest a two-month suspension. Similar disciplinary cases have resulted in law licenses being suspended for six months, court records indicate.
Davis' case now goes to a three-person panel of the Vermont Professional Responsibility Board, which could either accept or reject the recommendation by the board's deputy disciplinary counsel, Beth DeBernardi.
DeBernardi said an aggravating factor against Davis was the fact that she had practiced law for more than 30 years, while mitigating factors included lack of any prior legal disciplinary record, her remorse and cooperation, and lack of any selfish motive.
Davis, 61, suffers from severe migraines and a form of inflammatory disease that can be extremely painful, according to a letter her treating physician, Dr. Alicia Zbehlik of Windsor, sent to the board.
Zbehlik, who said that she does not prescribe medical marijuana for her patients, said that Davis "may have been using marijuana to help with some of the symptoms and limit side effects of her prescription medications."
According to Zbehlik, Davis has frequent, debilitating migraines that bring her to the point of nausea, and is often unable to take oral medication. Additionally, Davis suffers from polymyalgia rheumatica, which is a relatively common cause of widespread aching and stiffness in older adults, according to the American College of Rheumatology's Web site.
"Ms. Davis has chronic pain in her arms and legs due to PMR, diagnosed in 2004," her doctor wrote, noting she was under medical care for the condition, which has extensive side effects.
Davis' case gained widespread publicity last fall, when Vermont Fish and Wildlife game wardens discovered 2-1/2 pounds of marijuana and 34 small plants on her property, after Davis called them to investigate the smell of a rotting deer.
The controversy only increased when Windsor County State's Attorney Robert Sand reduced the charges to misdemeanors and recommended her case to court diversion, rather than a traditional criminal case. Critics said that Davis was getting preferential treatment because she was a lawyer and part-time judge in Vermont Family Court, a charge Sand vehemently denied. Sand is an outspoken advocate of reform of the state's drug laws, including the decriminalization of small amounts of marijuana.
The Davis case caused extensive controversy in Windsor County and beyond: at one point Gov. James Douglas got involved and instructed Vermont State Police not to send major marijuana cases to the Windsor County State's Attorney's office for prosecution.
But when it became public that other county prosecutors besides Sand had treated similar cases with a referral to the Court Diversion program, Douglas rescinded his directive.
Sand said Friday that he was aware of Davis' medical conditions and that they were a contributing factor in his decision to refer her case to Court Diversion, rather than prosecution.
According to documents on file with the Office of Professional Responsibility at the Vermont Supreme Court, Davis told a drug counselor she saw as part of her court diversion contract that she had smoked marijuana occasionally for 20 years, more frequently once she divorced in 1990, and grew her own and smoked only what she grew, and never bought or sold marijuana.
"Smoking marijuana helped her relax after a long day or work at her job and at home, and it also helped relieve her migraine headaches," wrote Tim Hebert, a drug and alcohol counselor from Windsor.
"She does not believe marijuana ever had a negative effect on her relationship with her children or in her work as an attorney," Hebert wrote, noting that Davis told her she never smoked around her children when they were growing up and living at home.
"The nature of her arrest, having her house completely searched by the police and resulting publicity from this case has been embarrassing for her, and she never wants to experience anything like this again," wrote Hebert. Hebert said he tested her for marijuana use in January, and she tested negative, and told him the last marijuana she had smoked was the day police found the pot on her property.
Hebert said that he saw Davis for five counseling sessions, and was cooperative and appeared to be honest.
Sand said Friday that he believed that Davis' illness would qualify her for the state's medical marijuana program, which allows people to use marijuana legally for severe nausea and vomiting associated with cancer chemotherapy and other causes, weight loss associated with severe illness such as HIV and cancer, multiple sclerosis, and other pain syndromes.
He said he did not know the specifics of Davis' illness, however.
He said he considered making his referral of her case to court diversion contingent on her registering for the state's medical marijuana program, but he decided that "that was her business and not my business."
"There always was another level to this case," said Sand, noting that Gov. Douglas never spoke to him about what was behind his decision before he condemned it publicly.
April 19, 2008
Times Argus
MONTPELIER — A Windsor lawyer and part-time judge used marijuana to counter the effects of severe migraine headaches and pain in her arms and legs from an inflammatory disorder, and as a result should only lose her law license for two months, a Vermont Supreme Court disciplinary counsel has recommended.
Martha Davis' medical problems and her otherwise clean record has led the disciplinary counsel to suggest a two-month suspension. Similar disciplinary cases have resulted in law licenses being suspended for six months, court records indicate.
Davis' case now goes to a three-person panel of the Vermont Professional Responsibility Board, which could either accept or reject the recommendation by the board's deputy disciplinary counsel, Beth DeBernardi.
DeBernardi said an aggravating factor against Davis was the fact that she had practiced law for more than 30 years, while mitigating factors included lack of any prior legal disciplinary record, her remorse and cooperation, and lack of any selfish motive.
Davis, 61, suffers from severe migraines and a form of inflammatory disease that can be extremely painful, according to a letter her treating physician, Dr. Alicia Zbehlik of Windsor, sent to the board.
Zbehlik, who said that she does not prescribe medical marijuana for her patients, said that Davis "may have been using marijuana to help with some of the symptoms and limit side effects of her prescription medications."
According to Zbehlik, Davis has frequent, debilitating migraines that bring her to the point of nausea, and is often unable to take oral medication. Additionally, Davis suffers from polymyalgia rheumatica, which is a relatively common cause of widespread aching and stiffness in older adults, according to the American College of Rheumatology's Web site.
"Ms. Davis has chronic pain in her arms and legs due to PMR, diagnosed in 2004," her doctor wrote, noting she was under medical care for the condition, which has extensive side effects.
Davis' case gained widespread publicity last fall, when Vermont Fish and Wildlife game wardens discovered 2-1/2 pounds of marijuana and 34 small plants on her property, after Davis called them to investigate the smell of a rotting deer.
The controversy only increased when Windsor County State's Attorney Robert Sand reduced the charges to misdemeanors and recommended her case to court diversion, rather than a traditional criminal case. Critics said that Davis was getting preferential treatment because she was a lawyer and part-time judge in Vermont Family Court, a charge Sand vehemently denied. Sand is an outspoken advocate of reform of the state's drug laws, including the decriminalization of small amounts of marijuana.
The Davis case caused extensive controversy in Windsor County and beyond: at one point Gov. James Douglas got involved and instructed Vermont State Police not to send major marijuana cases to the Windsor County State's Attorney's office for prosecution.
But when it became public that other county prosecutors besides Sand had treated similar cases with a referral to the Court Diversion program, Douglas rescinded his directive.
Sand said Friday that he was aware of Davis' medical conditions and that they were a contributing factor in his decision to refer her case to Court Diversion, rather than prosecution.
According to documents on file with the Office of Professional Responsibility at the Vermont Supreme Court, Davis told a drug counselor she saw as part of her court diversion contract that she had smoked marijuana occasionally for 20 years, more frequently once she divorced in 1990, and grew her own and smoked only what she grew, and never bought or sold marijuana.
"Smoking marijuana helped her relax after a long day or work at her job and at home, and it also helped relieve her migraine headaches," wrote Tim Hebert, a drug and alcohol counselor from Windsor.
"She does not believe marijuana ever had a negative effect on her relationship with her children or in her work as an attorney," Hebert wrote, noting that Davis told her she never smoked around her children when they were growing up and living at home.
"The nature of her arrest, having her house completely searched by the police and resulting publicity from this case has been embarrassing for her, and she never wants to experience anything like this again," wrote Hebert. Hebert said he tested her for marijuana use in January, and she tested negative, and told him the last marijuana she had smoked was the day police found the pot on her property.
Hebert said that he saw Davis for five counseling sessions, and was cooperative and appeared to be honest.
Sand said Friday that he believed that Davis' illness would qualify her for the state's medical marijuana program, which allows people to use marijuana legally for severe nausea and vomiting associated with cancer chemotherapy and other causes, weight loss associated with severe illness such as HIV and cancer, multiple sclerosis, and other pain syndromes.
He said he did not know the specifics of Davis' illness, however.
He said he considered making his referral of her case to court diversion contingent on her registering for the state's medical marijuana program, but he decided that "that was her business and not my business."
"There always was another level to this case," said Sand, noting that Gov. Douglas never spoke to him about what was behind his decision before he condemned it publicly.