Chief U.S. District Judge of Montana Richard Cebull is under fire for a joke that he sent to friends from his court email. The email has been denounced as racist and “compares African-Americans to dogs.” He insists that it was not for public circulation and reflected his dislike for the president, not black people.
Judge Cebull sent an email entitled “A MOM’S MEMORY.” It opened with the statement “Normally I don’t send or forward a lot of these, but even by my standards, it was a bit touching. I want all of my friends to feel what I felt when I read this. Hope it touches your heart like it did mine.” It follows with this “joke”: “A little boy said to his mother; ‘Mommy, how come I’m black and you’re white?’ His mother replied, ‘Don’t even go there Barack! From what I can remember about that party, you’re lucky you don’t bark!’”
Cebull says that it was only sent to six other people as well as his own private emails. It appears that one of the six other people sent it along to the media.
Cebull insists that the email simply shows that “I am not a fan of our president, but this goes beyond not being a fan. I didn’t send it as racist, although that’s what it is. I sent it out because it’s anti-Obama.”
We previously saw Chief Judge Alex Kozinski involved in a controversy over pictures and jokes sent to friends over a personal website.
The case raises the question of how to respond to such an email. Some have called for his resignation or removal. Others for judicial discipline. There are two likely ethical charges. One is the misuse of the court computer and the other is the transmission of a racist communication.
First, judges routinely use their work emails for private communications. We all tend to use office email for a variety of purposes. I do not see how this judge can be severely disciplined for simply using office email for a private communication. If Cebull is punished, what about the fact that probably 90% of judges use their office emails for private messages as the rest of us do (the other ten percent do not use email).
Second, there is the racism charge. Cebull insists that this was anti-Obama and not anti-black. It is still a stupid joke. However, I am not sure it is fair to assume that the judge is a racist from this one joke. It could simply show that he is entirely clueless and thoughtless. That is never good in a judge, but the question is whether it warrants the actions demanded against him.
Working in his favor is the relatively small number of people who received the email (though one always has to anticipate re-transmissions or forwarding of emails). He was sharing a bad and racially loaded joke with friends. We have discussed the trend toward punishing public employees for private emails, postings, and activities. Of course, a judge is required under ethical rules not to conduct themselves in a way to bring contempt upon the court. Canon Two states “a judge should respect and comply with the law and should act at all times in a manner that promotes public confidence in the integrity and impartiality of the judiciary.” The comment Canon 2A does seem to have some relevance here:
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.
While I certainly see why this type of joke raises serious and legitimate concerns, I am not convinced that it warrants punishment beyond the current (and justified) public criticism. The judge is claiming that he thought he was sending this to a handful of friends. It would be akin to a bad joke at a party being repeated later. He clearly failed to appreciate that “the subject of constant public scrutiny and accept freely and willingly restrictions that might be viewed as burdensome by the ordinary citizen.” That would include racially-charged jokes that get out. Yet, the question is whether it warrants an actual reprimand or more serious punishment. There may be a sense that, given the use of the court computer, an admonishment is needed — just as Chief Judge Kozinski was admonished.
Cebull received a B.S. from Montana State University in 1966 and a J.D. from the University of Montana Law School in 1969. After a long stint in private practice, he served as trial judge of the Northern Cheyenne Tribal Court from 1970 to 1972. He then served as a United States Magistrate Judge for the District of Montana from 1998 to 2001 before being nominated by President George W. Bush to a seat on the United States District Court for the District of Montana. He became chief judge in 2008.
Source: Politico
Sorry but a reprimand is not enough. When you know beyond any doubt and we do with what the judge wrote to go along with this email that he is in perfect agreement with the obvious racist message in the graphic then he must be removed from office or resign. He has brought disgrace upon the Federal bench and he has shown a clear anitpathy toward a significant portion of the population of the United States. As a federal judge, whose business it is to be impartial and see that the law treats everyone equally and fairly, he must be held to a far higher standard than people in most professions and jobs. It is simply not at all credible for this man to have written what he wrote to his friends about this garbage for him to claim that despite the racist nature of the email he himself is really not a racist. That’s an out and out lie. Total bullshit. He must go!
Gene H.
I could nitpick in an eternity—-as long as you give me openings.
Here’s an example from your last:
“You conceded that my arguments were correct and yet you still fight to the contrary? That’s an interesting strategy. Do you often beat your head against the wall? When you do the same thing over and over again and expect a different outcome each time is the criteria some people use to define insanity.”
Correct is not the same as reality. Just as mathematics may be proved and the solution abides eternally. So in science, the thesis or law is always “until proven otherwise”.
It was to disillude you of such (villfarelser) misconceptions. I post the swedish not to brag but to prompt me in my job of translating.
PS Please address me by my name please. It would be appreciated. And of course in the manner of showing respect which you crave, although you find my arguments etc being disrespectful. But that is a life mode with me, my way of surviving—-as I’ve mentioned in my true confessions before. Not one I recommend nor can say was enjoyable. But it sure gets attention.
Beware the Jabberwock of logic!
Gene,
This just in from “reality” …
‘Twas brillig, and the slithy toves
Did gyre and gimble in the wabe;
All mimsy were the borogoves,
And the mome raths outgrabe.
SwM,
Sorry to hear it. It’s a sad world we live in. Enjoy your vacation, please.
I’ve been lucky so far. Hope none here are malicious.
No filters of course to save us.
Gene H.
Still on your high horse looking down.
Let me quote:
“The woman is still the butt of the joke structurally speaking, not the black man.”
The butt of the joke as I see it is Barack Obama and his mamma. They are the subject of derision, isn’t that what butt means?
As for the rest of your increasingly derisive and denigrating argument, I won’r bother. You are obviously the immoveble. Why?, do I admit my senility, insanity, and all the other impediments (mental, physical, emotional, social. ethical. ethnical, geographical, political,……); no I don’t. As you impugn me with not having the ability to see my impediments, so do I you, and hereby renounce that Sisyphus task. You shall endure; and so shall I.
As for being an ex-pat, that’s the first time I’ve encountered that as a derogative term. Do you have any evidence/logic to support it as derogatory? It couldn’t been as a factual term you used it.
You have passed that stage other than in your embroidering with your logical lawyerly talents, where you pile them up. I was going to use a “liknelse” (allusion) to a historic case but such have no value with you.
As for judges being provers of fact, I guess that’s why the “latino woman” when alluding to that as a merit, was not greeted with cries of approval.
Where were you on that. Let me guess……no do enlighten us on your logical position.
My conscious intent was not ,as I facetiously said, to prick you;
but just as the others I used my “emotional” (your words) arguments to move you to see the political and social reality. Just the sort that Mike S. Elaine M. and Woosty have used and linked to. I hope they will let my understanding of them and their arguments in no way impugn them with my, in your eyes, impurity of intent.
Those who rely on formal arguments perhaps arouse undue suspicion in me.
And identifying sleeping bulls to let lie, is not my strong side either, as is obvious. Hope you’ve enjoyed vanquishing the enemy, as you attempt to paint me. My social intent is not to paint anyone black (in this case meant as the color of evil), but rather point out weaknesses in our awareness due to our filters we have acquired. Presumptious perhaps, but not evil.
And if my way of doing it insults your person, well this is the result.
Like it or not.
Humbled? Nope. Wiser? Hopefully. Wider knowledge? Little. I will now rush to wikipedia to see what the latin you threw at me means, although i’ve guessed it means “conscious intent” and “conscious action”.
In your world, an ideal one I insist, only perfection counts, no attempts allowed.
Punishable by public reprimand and demeaning defamation.
idealist, I am not saying where I am vacationing as there is someone posting under my street name which is very concerning to my family.
Your arguments fail because they fail as a matter of logic and evidence.
But you go right ahead and say you “shan’t rebut” although “much indeed is arguable”. Although “shan’t” really means “can’t” or “won’t” in your case. Put up or shut up.
“One last point for now. I don’t think I was the only person here challenging you.”
No, but you were the only one stupid enough to imply I was delusional as your primary rebuttal and apparently expect not to get called to the carpet. The others for the most part challenged my arguments proper, not me personally. I take no exception to that, in fact, I stipulated that it was expected when I came to mahtso’s defense on the point of structure. These people were responded to in kind. Just like you’re being responded to in kind, you senile old bastard. Before she died, my grandmother suffered from organic brain syndrome. Your passive-aggressive irrational nonsense way of arguing has a very familiar sound to it. It wasn’t cute or charming or persuasive on her and I loved her. It’s certainly not cute or charming or persuasive on some anonymous ex-pat.
“And as for your using only logic to understand reality. BULLSHIT.”
Really? You should at least be complete when paraphrasing me. Evidence and logic are the tool set. They are complimentary. And what tools would you use to understand reality other than logic and evidence? Emotion? Fickle, capricious and unreliable. Belief? By definition, belief does not require proof and an assertion without proof may or may not be rational and/or true. The Aztecs believed sacrificing humans to Tlaloc would bring rain which was neither rational nor true.
“Next you’ll claim you’re the reincarnation of Justice Holmes, or an overnatural force.”
Really. And you’re basing this claim on what exactly? That you think I’m delusional? Because only a delusional person would claim to be the reincarnation of a famous person or a deity or supernatural being. I’ve never before claimed to be the reincarnation of jurists past let alone a god or a vampire or some such and I’m highly unlikely to do so now.
“You’re one of us, however hard you strive to only be logical etc.”
Logical fallacy of composition. You are assuming that something true of part of a whole must also be true of the whole. Just because some humans are irrational and illogical, it does not follow that all humans are irrational and illogical. Also, a bit of projection.
“But that such a dumb (the core of your accusations) ass should ire you is peculiar. Are you usually angered by attacks from idiots?”
You mistake not suffering fools gladly with anger. Anyone who knows me (and several of the posters and all of the guest bloggers here do know me – even some of the ones who did disagree with me) will tell you I am difficult to anger in the extreme and that while I may answer provocation with provocation as it tactically or strategically suits me, there is no anger invested in my arguments. Again, the value of detachment. They’ll also tell you I’m not known for suffering fools gladly.
Also, the core of my counters to your “argument” is that your argument is emotional based irrational crap without any supporting evidence – points you now concede. “I think it should be obvious that I am backpeddling. Why not, there are more interesting tasks than converting you.” Yet you think to somehow “convert” me to your admittedly irrational point of view was at any time a viable goal only goes to show the likely depth to which you’ve become unhinged. That you may (or may not) be a dumb ass too is entirely beside the point of your arguments lacking logical and evidentiary merit. The woman is still the butt of the joke structurally speaking, not the black man. You conceded that my arguments were correct and yet you still fight to the contrary? That’s an interesting strategy. Do you often beat your head against the wall? When you do the same thing over and over again and expect a different outcome each time is the criteria some people use to define insanity.
If you have more interesting tasks than your current exercise in futility, I encourage you to pursue them.
http://www.foxnews.com/politics/2012/03/02/dems-urge-republicans-to-condemn-limbaugh-over-remarks-on-georgetown-student/
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Maybe the polifundy just needs a collective bar of soap for thier nasty mouths and flagging wit…..
mahtso,
There you are again. The reversal of the joke is seen all over America, the millions of half and halfs who had white fathers who did not take responsibility for their offspring.
Obama’s mamma was like most mothers around the world, they take care of their offspring. Besides she wasn’t raped, she chose to marry him, etc.
Do you get it now? Do you. Join the queue of the unclued, if not.
TB Graham,
Obama’s mother was three months pregnant when she married his father. Nancy Reagan was pregnant when she married Ronnie. So what?
Otterey Scribe, Gene H., AY, Tony, maybe DonS, Bob, the number sare mounting. Wonder why? Is it because I have a weakness for pricking small frogs in small ponds when they puff themselves up?
CROAK say they. peep, say I, whereupon they give glances that should quell smaller frogs, but not I. I peep away.
Oh, hi fellas. Are you here today? peep!
Sorry if I woke you.
( I told that I have a therapist, so whaddaya expect. Pearls from a swine. BTW, the phrase is copyrighted by me. So no stealing.)
There is a joke about the pain of undergoing a sex-change: it hurts when they start injecting hormones, it hurts more when they remove the original sexual organs, but it hurts the most when they suck the brain out.
The point is that as a joke it is valid whether or not the operation is going from male to female or female to male. The same is true of the joke at issue: if the father had been white and the mother black, the joke would be the same.
“His defense of his actions reveal that he clearly does not even understand that comparing interracial marriage to bestiality is racist, and no matter what his intentions were, his actions were racist.”
I’m not surprised that this came from Congressman Cleaver. He’s not the sharpest knife in the drawer.
Interracial marriage? When Obama’s mother became pregnant with Barack, she was 17 years old and unwed.
I would have ended the joke with “From what I can remember about that party, you’re lucky you don’t look like Neil Abercrombie.”
woosty cat
said: “.EVERYONE (including the rational, reasonable, conservative and non-racist Republican right) is sick of this level of garbage that is grossly mucking up the ability of this Country to move forward in a healthy manner. This is the crap that not only makes us look awful to the world, it undermines every aspect of what makes this Country strong….ESPECIALLY in our political process….which is not just a ‘game’ between the conservatives and liberals”
Need I say good? Thanks a 10,000 per cent.
Is not this the heart of the matter?
Not to the spoilers of our nation: their names, deeds, intents, and goals unmentioned.
The Bushes and co. are great chess players. They had to slay Iraq as a nation, and open it to Iranian subversion to justify re-taking Iranian oit—lost when Khomeini took power. Next move: War. Who will pay for it?
We will. Who will win? Big oil—along with some willing assistants who will get a share. But will China/Russia go along with this move. That’s all that is holding back George’s successors. And maybe big oil is hedging their bets with J. Bush.
Long from Racism. But it attempt to show how racism fits into the big picture ,as only one level of domination on all sectors of life.
Wootsy,
If you think history is not repeating itself…. Read a little about what was thought about jimmy Madison….. Alex Hamilton….. History does pretend to forget…..
Sorry to use the swedish sentence structure, hard to avoid after 45 year without english except on occasional foreign trips. But then theirs was worse than mine.
BTW, any others from EU time zone here???
Gene,
I have not implied any other “reasons” for my criticisms. I am very aware that as you correctly say, I have no logic, no facts, only opinions.
Some express enjoyment at my tricks, but of course seldom those whom I prick.
I’ll try to calm myself down—out of courtesy to all, not just you, but mostly as an effort to get away from my childhood defenses using demeaning attacks as a rebuttal tactic.
But attack, rebuttal or pushing your own meaning seems to be the major ways of expressing onenself here . Please enlighten me.
Let’s face it, my views on law are only the layman’s. No pretentions otherwise.
I think it should be obvious that I am backpeddling. Why not, there are more interesting tasks than converting you.
But that such a dumb (the core of your accusations) ass should ire you is peculiar. Are you usually angered by attacks from idiots?
Bdaman1, March 2, 2012 at 8:46 am
Bron they will never get it.
If the man in question had been Herman Cain, Alan Keyes or Thomas Sowell there would have been no “outrage” on the left.
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Disagree 1000%
In case the right continues to pretend not to notice….EVERYONE (including the rational, reasonable, conservative and non-racist Republican right) is sick of this level of garbage that is grossly mucking up the ability of this Country to move forward in a healthy manner. This is the crap that not only makes us look awful to the world, it undermines every aspect of what makes this Country strong….ESPECIALLY in our political process….which is not just a ‘game’ between the conservatives and liberals….get it???????????
GET IT!!!!???????????
Gene H.
Thanks for the compliment of so much work but so little effort comprehending.
My arguments communicate at one level, yours at another.
Notice which one’s the politicians use (and racists too).
It’s another completely. You and I at least believe in our systems.
Yours is trained and honed. Mind is just warming up.
Am lazy and shan’t make the effort to rebut yours, much is indeed arguable as a POV from logical etc grounds. A few misunderstandings on your part, but competent in my untrained eyes.
One last point for now. I don’t think I was the only person here challenging you. Some of them quite worthier opponents reputation wise than I.
My concentrated attacks was, as I clarified earlier—did you see it?, that I went through post by pose commenting many besides yours, all while you all were sleeping. I had been sleeping while you were arguing of course.
So it was fun going through how the night had chez vous had proceeded.
Thanks for all the effort. Even if it’s mostly/wholly negative, it’s nice to “hear”.
That you use low allusions like senility approaching is only fair. I do to use such.
And as for your using only logic to understand reality. BULLSHIT. Next you’ll claim you’re the reincarnation of Justice Holmes, or an overnatural force. You’re one of us, however hard you strive to only be logical etc.
What next?