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
Past President of Law Students for Reproductive Justice ?
Set up. Now the Dems are using her as a fundraiser. Got to hand it to them. Ever since Stephanopolus opened the floodgate hammering Romney on the question of womens rights and abortion it’s been non stop.
Bdaman, if you saw a “race card” in that last comment, you are more delusional than I could possibly have thought. I am talking about the logic you used; or more correctly, the lack of logic.
Bdaman,
I hope you are paid well for ignoring the issue here. She was going to law school so why not do some good at the same time. As I suggested earlier, no one would go through the rigors f law school just to test a policy. AsElaine stated, you and your friends in a bought and sold House are forcing women to accept a second class situation. My comment was that she didn’t go to law school just to challenge an unfair situation. I don’t care if it was Georgetown or Harvard.
Ha ha use the race card in a race thread. Methinks there’s more to the story yet to be told.
Otteray,
Sorry about that! Just image the sound effects too. Lots of oinking and snorting.
She shouldn’t be allowed to have an opinion about the university’s policy–but it’s okay for men to have opinions about women health care coverage.
Bdaman, using your logic, James Meridith should have chosen to go to another college instead of the University of Mississippi.
Thanks to that visual image, I now have to go wash my brain in undiluted bleach.
Cause she could have gone to another college that did thats why.
Bdaman,
So what if Fluke is 30 years old? So what if she has been a woman’s advocate? How old were the men who were invited to give testimony beforeCongress? Were they advocationg for their position on the HHS policy?
Otteray,
Speaking of Rush Limpdick:
Rush Limbaugh Detained With Viagra
http://www.cbsnews.com/2100-201_162-1753947.html
Excerpt:
Rush Limbaugh could see a deal with prosecutors in a long-running prescription fraud case collapse after authorities found a bottle of Viagra in his bag at Palm Beach International Airport. The prescription was not in his name.
Limbaugh was detained for more than three hours Monday at the airport after returning from a vacation in the Dominican Republic. Customs officials found the Viagra in his luggage but his name was not on the prescription, said Paul Miller, a spokesman for the Palm Beach County Sheriff’s Office.
Miller said the alleged violation could be a second-degree misdemeanor. The sheriff’s office was investigating and will soon turn the case over to the state attorney’s office, which had no immediate comment Tuesday.
Under the deal reached last month with prosecutors, Limbaugh was not to be arrested for any infraction for 18 months in exchange for authorities deferring a charge of “doctor shopping.” Prosecutors had alleged the conservative talk-show host illegally deceived multiple physicians to receive overlapping painkiller prescriptions.
*****
No woman has requested that Rushbo post videos of his sexual activities after taking Viagra.
Good grief! Perish the thought. Oh the humanity!
It might make good material for a horror movie though.
Bdaman,
“she decided to attend with the express purpose of battling this policy.”
Good for her! Why shouldn’t she have decided to do that?
Bdaman, so fucking what does that have to do with anything?
So she intended to battle the policy because it is sexist and wrong. So what? What does that have to do with that fat slob Rush Limpdick calling her a “slut” and a “whore.” And demanding that she post videos of her having sex on the internet?
You really are working way too hard at grasping at straws and being a dick. And succeeding.
Raff
In one of her first interviews she is quoted as talking about how she reviewed Georgetown’s insurance policy prior to committing to attend, and seeing that it didn’t cover contraceptive services, she decided to attend with the express purpose of battling this policy.
Let me repeat that Raff
she decided to attend with the express purpose of battling this policy.
Bdaman,
You’re getting desperate. Chill out, you’re doing the best you can in a losing cause but it’s not working because the propaganda they are handing you doesn’t make sense.
Bdaman,
You have been played. All of the male panelists called by Issa were paid stooges and because this woman had the temerity to go to law school you attack her. No one goes through law school to attack a policy. Why don’t we review the panelists backgrounds??
“In other words, folks, you are being played. She has been an activist all along and the Dems were just waiting for the appropriate time to play her.”
Too bad nobody told Limbaugh … talk about gettin’ played.
http://www.jammiewf.com/2012/sandra-flukes-appearance-is-no-fluke/
I put that in quotes because in the beginning she was described as a Georgetown law student. It was then revealed that prior to attending Georgetown she was an active women’s right advocate. In one of her first interviews she is quoted as talking about how she reviewed Georgetown’s insurance policy prior to committing to attend, and seeing that it didn’t cover contraceptive services, she decided to attend with the express purpose of battling this policy. During this time, she was described as a 23-year-old coed. Magically, at the same time Congress is debating the forced coverage of contraception, she appears and is even brought to Capitol Hill to testify. This morning, in an interview with Matt Lauer on the Today show, it was revealed that she is 30 years old, NOT the 23 that had been reported all along.
In other words, folks, you are being played. She has been an activist all along and the Dems were just waiting for the appropriate time to play her.
Swarthmore mom1, March 2, 2012 at 6:31 pm
————————————–
darn tootin’!
Swarthmore mom,
Rush Limbaugh’s Advertisers Facing Social Media Firestorm
By Adam Peck on Mar 2, 2012
http://thinkprogress.org/media/2012/03/02/436852/rush-limbaugh-advertisers/
Excerpt:
Rush Limbaugh’s latest misogynistic tirade against Georgetown University Law Student Sandra Fluke may be the last straw for many of the shock jock’s corporate sponsors. Thousands of angry customers have been inundating dozens of Limbaugh’s corporate sponsors, demanding that they cut ties with the program.
So far, three companies, Sleep Number, The Sleep Train, and Quicken Loans have pulled ads from the program, and several others are considering following their lead.