To Have Freedom, 'Let People Be Free'

An Article by Dary Matera April 17, 2003 12:00 AM

News item: A judge pro tem was fired Thursday, his first day on the job, for refusing to hear drug cases.

The late March story went on to say that the Mesa criminal defense attorney, a marijuana legalization activist and member of NORML (National Organization for the Reform of Marijuana Laws), felt he couldn't honestly dole out the required mandated punishment for drug offenders.
No kidding.

Intrigued, I gave the guy, Marc Victor, a call to set up a bong sess . . . I mean an interview. Driving to his, I had visions of Jerry Garcia in pinstripes, hanging out in a psychedelic office with black light posters of Kurt Cobain on the wall. Ten to one, a refurbished VW van with shag carpet would be parked outside.

No such luck. Victor, 34, turned out to be a teetotaling, ex-Marine sergeant who operates out of a glass and concrete business complex he shares with mortgage brokers, life insurance companies, PR firms, and someone who does "endodontics," a dental procedure that requires that you get really high first.

Inside this sea of conservatism lurks a squeaky clean Desert Storm vet with the look of a Republican but the soul of a rebel.

"It's not about drugs or legalization. It's about the violation of the right of self-ownership," the married father of three young children said. "I'm fighting for the right of the individual against government intrusion. If you want freedom, then damn it, you have to let people be free - even if you don't agree with it."

In other words, Victor is not a big fan of victimless crimes or legislating what adults can do with their bodies.

Granted, Victor's career sacrifice wasn't derailing. Judge pro terms are unpaid attorneys who fill in for full-timers.

Still, the legal dodge is a vengeful, good-ol'-boy network, and Victor's stance took no small amount of courage, especially for a man with aspirations of becoming an appellate judge.

If that's now the impossible dream, Victor can live with it. In fact, as much as his refusal to handle drug cases was blown up in the press, it could have been a lot worse. Victor said he also would have refused to handle gun possession, gambling, zoning or prostitution cases.

"If adults want to rent their bodies to other adults, they should have the right to do so," he said.
Strong words from a bulldoggish Marine who hits the gym at 4:30 a.m. six days a week to pump iron. A man who wouldn't think to poison his compact, 5-foot-5 body with drugs or alcohol, but refuses to judge those who do.

Warming up, Victor said the American judicial system is collapsing under the weight of unnecessary drug cases. In Arizona, he said he believes it's verging on an implosion.

He's considering running for county attorney on a platform of doing away with drug laws and other victimless crimes, and re-emphasizing the prosecution of quaint, old school criminals such as murderers, thieves and rapists.

Right on! He'd get my vote.

Dary Matera, a new community columnist, is an author who lives in Chandler. The views expressed are those of the author. He may be reached at dary@darymatera.com.
Matera, D. 17 Apr. 2003, 'To have freedom, let people be free', Arizona Republic