Judicial Activism?
We all get emails containing tasteless “jokes” from time to time. But one would think that a Federal judge would at least be a bit judicious in who he would forward such an email to.
That’s not the case with Richard Cebull, Chief Judge of the Federal Court in Montana.
Montana Chief U.S. District Judge Richard Cebull, a George W. Bush nominee, admitted on Wednesday that he forwarded a racially-charged email implying that President Barack Obama might have been the product of a sexual encounter between his mother and a dog.
“A little boy said to his mother; ‘Mommy, how come I’m black and you’re white?’” the email forwarded from Cebull’s official court email address on Feb. 20 read, according to the Great Falls Tribune. “His mother replied, ‘Don’t even go there Barack! From what I can remember about that party, you’re lucky you don’t bark!’”
He did so, calling the joke (?) “a bit touching” and wanted his friends to feel the same.
“Hope it touches your heart like it did mine,” he wrote.
But Cebull claims he’s not racist, but admits that the email was racist. What was he thinking? But Cebull then decides to dig himself into a deeper hole.
“The only reason I can explain it to you is I am not a fan of our president, but this goes beyond not being a fan,” Cebull explained to the newspaper. “I didn’t send it as racist, although that’s what it is. I sent it out because it’s anti-Obama.”
So let’s see. A Federal judge, who according to the Code of Conduct for United States Judges should avoid impropriety or the appearance of impropriety in all activities (Canon 2) and should refrain from political activity (Canon 5), does the complete opposite.
Canon 2A. An appearance of impropriety occurs when reasonable minds, with knowledge of all the relevant circumstances disclosed by a reasonable inquiry, would conclude that the judge’s honesty, integrity, impartiality, temperament, or fitness to serve as a judge is impaired. Public confidence in the judiciary is eroded by irresponsible or improper conduct by judges. A judge must avoid all impropriety and appearance of impropriety. This prohibition applies to both professional and personal conduct. A judge must expect to be the subject of constant public scrutiny and accept freely and willingly restrictions that might be viewed as burdensome by the ordinary citizen. Because it is not practicable to list all prohibited acts, the prohibition is necessarily cast in general terms that extend to conduct by judges that is harmful although not specifically mentioned in the Code. Actual improprieties under this standard include violations of law, court rules, or other specific provisions of this Code.
Now I’m not a lawyer (but I did sleep at a Holiday Inn Express last night), but I do believe that what Cebull did is in clear violation of Canon 2A. And, in my opinion, he is in violation of Canon 5 by making political comments about the President.
Cebull needs to resign immediately. He is not fit to serve on the bench any longer. If he doesn’t resign, then the Senate should begin impeachment proceedings. We cannot afford to have people like Richard Cebull sitting as judges in our country. My advice to any other judge out there who even harbors these thoughts about our elected officials – keep your mouth shut!
Tags: Judges, judicial code of ethics
Besides being human and making a human mistake it is still a situation of a federal judge exercising poor judgment. While we cannot demand perfection from those in positions of authority we should be able to at least demand common sense to realize that his emails are not private. Bad taste, poor judgment and no common sense. I rarely knee jerk react with calls for resignation, but this is a federal judge and it’s difficult to see how he can continue to perform his duties with such character defects.
This judge is a racist. By definition, he is prejudiced and partial, and mentally ill. Therefore, if he does not resign, he must be impeached by the Senate. Racists cannot serve in government office at any level, in any position. Because when you serve in government office, you are pledged to serve all the people: black, white, brown and yellow. But when you are a racist, you are pledged to serve only your kind and you are pledged to work against everything that is different from you.
He should be investigated. Every email he’s sent from his official accounts should be examined.
Forwarding stupid emails? If it was an isolated instance, I see it as a venial sin worthy of a slap on the wrist. But if there’s a lot more of this sort of crap, then demand a resignation.
Let’s save the impeachment process for the really bad ones.
Prediction: This douche bag will express regret that some people didn’t understand the spirit of the joke, and get a soft landing at Fox News or the Heritage Foundation.
I imagine the federal government has a policy on how its computers can be used. If I sent that joke using my employer’s computer, I would no longer have an employer. Impeachment, indeed.
@AM “I imagine the federal government has a policy..”
You imagine incorrectly. The courts do not answer to the Obama administration on matters like this. The courts set their own policy, and only congress can truly punish (e.g. impeachment).
Unfortunately the House would begin Impeachment proceedings against the President if they thought they could get away with it before they ever would against this guy
@Jason. He has already given the non-apology apology “I sorry if anyone was offended” and then went on to shame us by saying it was a private email and it was none of our business. Therefore, he is not sorry.
But he did ask the 9th Circuit Judicial Review to look at his conduct here. Not sure what that means for this Judge, but apparently there will be some review of this business.
Cass, that’s called CYA and it’s BS on this judge’s part.
Legal ethics experts predicted the incident would result in a public admonishment.
The judge also sent a letter to the president, saying, “I sincerely and profusely apologize to you and your family for the email I forwarded…. Please forgive me.”
Must be one of W’s drinking buddies who still drinks. Never push the send button after more than one glass of wine. I guessing he’s not only a bigot but a drunk bigot.