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
Bron,
The doctor and the patient are the ones who usually decide if it is medically necessary. Except when women’s bodies are concerned. Your corporations won’t change that discrimination without government assistance.
Gene H:
you are mixing up rights and choices. We have choices because we have individual rights. We dont have rights because we have choices.
I can eat at Wendys, Arthur Treachers, Ruths Chris, Mortons, Nathans, The Palm, Taco Bell, KFC, Popeyes, Charlie Palmers, etc because we have a free country. What you are trying to do is to force Charlie Palmers, a steak house, to sell hot dogs to give me more choices. If I want a hot dog I can go to Nathans.
You may be giving me more choices but you are diminishing the rights of Charlie Palmer by forcing him to sell me a hot dog. If government can force Charlie Palmer to sell hot dogs it can force anyone to do anything. Choices are not rights.
rafflaw:
yes I agree but if you have an insurance policy which doesnt offer contraception as a benefit then it really doesnt matter.
And do we know if they dont offer it as hormone therapy?
Canon 5A says that a judge must not “publicly endorse or oppose a candidate for public office.” Advisory opinion 92 says that judicial employees may “express an opinion privately as an individual citizen regarding a political candidate or party.”
Cebull’s e-mail was private, so he is OK there with respect to this Canon. But then he defended himself by publicly stating that he is anti-Obama. I think he may have made things worse for himself with that public defense.
Bron,
If the doctor prescribes it, you nor the insurance company should be allowed to override the doctor.
rafflaw:
what I object to is not the contraception, I am all for it. What I object to is government forcing an individual or an organization to engage in something which is against their philosophy. I will say the government has a right to force an individual or organization to follow the laws. But as far as I know there is no right to Viagra or the pill in the Constitution.
Personally, I think it is stupid of Georgetown to have a policy which does not offer it. But you dont get the government to force change like that. The government should enforce the Constitution.
I think people like Rick Santorum are buck ass crazy for wanting to keep contraception from women. Women are not brood mares to be kept pregnant as a method of control.
Bron,
If your insurance plan doesn’t pay for your medically prescribed contraception, then the cost of it is not $5.00. Stop purposely misleading readers with that nonsense. Contraception is not just necessary to avoid pregnancy. If you don’t realize that, then you may want to ask a few women who have had it prescribed for those other reasons. Many times at a very young age. If men can get Viagara in that plan if a Dr. prescribes it, then women should be afforded the luxury of their doctor deciding what is medically necessary for them.You are all for retaining your liberty, but not if it revolves around what a women needs. According to your argument, women are already chattel if they and their doctor cannot decide what is best for them medically. If it is good for the goose, it is good for the gander.
Bron,
Nice answer.
My answer is as before, I can’t.
You’ve got your blinders on and so have I.
But at least we are not shooting at each other.
idealist707:
show me where I went wrong? Gene H didnt.
“contraception is not the issue here. Who in their right mind would be against contraception?”
You did say “right mind”, but forgetting that for a second:
“”One of the things I will talk about, that no president has talked about before, is I think the dangers of contraception in this country. It’s not okay. It’s a license to do things in a sexual realm that is counter to how things are supposed to be.”
“It’s not okay because it’s a license to do things in the sexual realm that is counter to how things are supposed to be. They’re supposed to be within marriage, they are supposed to be for purposes that are, yes, conjugal, but also [inaudible], but also procreative. That’s the perfect way that a sexual union should happen. We take any part of that out, we diminish the act. And if you can take one part out that’s not for purposes of procreation, that’s not one of the reasons, then you diminish this very special bond between men and women, so why can’t you take other parts of that out? And all of a sudden, it becomes deconstructed to the point where it’s simply pleasure.”
Guess who?
http://www.boston.com/Boston/dailydose/2012/02/rick-santorum-dangers-contraception/5tz6ifNcUciBAMJuUguIpL/index.html
Contraception is dangerous. It’s un-American. k?
Viagra is sort of OK, but only in emergencies at certain stages of one’s wife’s cycle. Outside of that, it’s un-American.
Gene H:
an individual has the right to purchase health care from another company if they dont like Georgetown’s policy. Or they have the right to not attend that particular school.
Individual rights incorporate all rights an individual has, there are no separate rights. And as far as the sheep being chattel? That was my point, we would be “owned” by government.
Someday you and others are going to wonder what happened when the Christians force your women to carry their babies to term and then put them up for adoption or deny them the right to contraception.
It is not I who doesnt understand individual rights, it is you.
Individual rights are the only rights an individual has. All rights such as self defense and sex stem from a man’s right to his own life. You cannot separate them and if you do, then the government can decide which rights it will dain to give you. At that point the citizen is no longer the sovereign but is government chattel and is nothing more than a sheep.
But hey, if you want to sell your rights for $5 worth of birth control every month be my guest.
You dont force people to provide other people choices when choices already exist. If Georgetown doesnt provide birth control and Viagra then get your birth control and Viagra at planned parenthood or choose another policy.
The proper way to handle this is for people to tell Georgetown they will not attend class there unless they change their policy. I imagine if the next law school class told them to go pound sand, the policy would change. But there are probably enough people who would attend Georgetown Law so why does government have the right to force them to provide contraception?
They dont have a right to force Ruth’s Chris to feed me and food is more necessary than sex. Food is a necessity of life, sex is recreation. A law student has no business reproducing anyway so either abstain or buy your own contraception. Or have your boyfriend buy it for you, he is participating after all and if he doesnt want you pregnant then he should at least split the cost with you.
Maybe not all cyclones in the US have finished….. It appears from all whether stations that the static will be continuing for sometime….. Causing further deterioration in limpdicks broadcast…..
Thanks Ms. Blouise had breakfast with an old high school buddy this morning and we were laughing at the same thing. His daughters recently started attending my wifes program, he has five 🙂
Mike S thanks for the kind words. I hope you know you kill me a little more each time with your kind words. Only because It reminds me of the hateful ones I used towards you. I know it is now a wound that healed but the scar will always remind me of the initial wound. Lots of people copy and paste. Lots of times I get scatter brained in my thoughts or get distracted. Speaking of which this is my second time writing this because my wife bumped me off the computer and doesn’t understand opening a new tab. As I stated before she’s not a computer person. I just found out that she thought when you google something you had to type the word google first in the search bar then what ever you were searching for 🙂 So when she bumped me I had already typed part of my comment out before I got up and came back and now it was on another site. I don’t understand why you and others think/feel I must be paid for my views. I think mine fall in line with most on the right. Damn it got to go. Take the kids to the movies wife yelling now and she is whisking me away for the evening and night. Be back tomorrow. Have a great weekend everybody and East Coast folks be safe. Just read how a little girl was carried ten miles away from her home in a tornado and is in critical condition. Incredible.
Gene H.,
Thanks for doing the heavy lifting… I could not done it as well…especially in your fair manner.
Isn’t it amazing how they clothe themselves in the banner of individual freedom, defenders against big goverment, protectors of their children from social pressures etc an infinitum. And repeated often enough as the media encourages—–outrageous out rates courageous in their eyes, it becomes truth..
OS,
I want an animated version with him jumping up and down … a hologram will do.
Or … put a shoe in his hand and have him beating the lectern with it … that would be an easier hologram.
One of the primary reasons women take birth control is to regulate menses. This is important when the periods are marked by irregularity, pain, and heavy flow. Does the right wing know, or even care, just how many work days are missed by women who have menstrual related problems? If men had to miss work one to three days per month because they were doubled up with cramps, this whole flap would be a non-issue.
“Rush Limbaugh Boycott…” (article posted by Elaine M.)
“During the day on Friday, Limbaugh sponsors began responding to the outcry over his statements. Jaybercrow updated the list several times on Friday as sponsors pulled their deals with Limbaugh. By Saturday morning, Legal Zoom, Citrix Success, Heart and Body Extract, AutoZone, Quicken Loans, Sleep Train, Sleep Number and Oreck said they yanked ads from Limbaugh’s show.
Nine companies remain on the list: ProFlowers, CARBONITE, Inc., Mid-West Life Insurance Company of Tennessee, American Forces Network, Mission Pharmacal Company, Life Quotes, Inc., Life Lock, Tax Resolution and AOL, parent company of The Huffington Post.”
Thanks for the information, Elaine M.
(Regarding Rush L., the man’s a pig.)
Bron,
Giving lessons in being obtuse again. There, you heard my nasty side, but countering your long tirades, point by point, is too Sisyphus-like.
Solve please this dilemma. Georgetown provides contraceptive coverage to staff—–but not to students. Justify that please.
And here is a a last meany: How do you pronounce Bron? GROAN.
Lovingly yours—-I mean you are my relative somewhere the lineages merge. And thus I am your keeper. Right. Puss puss as we say in Swedish.
You may applaud now.
Elaine,
Jabba doesn’t have nearly as much slime on him. That’s got to be Rush.