Delaware Liberal

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!

Exit mobile version