Associated Press
U.S. District Chief Judge Richard Cebull, Montana's chief federal judge, admitted this week he sent a racist email attacking President Obama and his mother from his courthouse chambers. Yesterday, the story took an even more serious turn.
The Judicial Council of the U.S. 9th Circuit Court of Appeals opened a misconduct review of Montana's chief federal District Court judge for forwarding a racially charged email about President Obama from his courthouse computer.
Judge Richard F. Cebull asked for the review as calls mounted Thursday for his immediate resignation. 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."
The next question is whether this will be sufficient.
On Capitol Hill, Rep. Charles Gonzalez (D-Texas), chairman of the Congressional Hispanic Caucus, called on Cebull to resign. Gonzalez, along with the chairs of the Congressional Black Caucus and Congressional Asian Pacific American Caucus, issued a joint statement condemning the judge for the incident.
Rep. Emanuel Cleaver (D-Mo.), the chair of the CBC, added, "An apology alone is not acceptable."
What's more, Common Cause, which filed a formal complaint with the 9th Circuit, has called for Cebull's ouster, and the Montana Human Rights Network has begun collecting signatures urging the judge to resign.
As for the misconduct review, initiated by Cebull himself, there are a handful of questions for the judicial council to consider.
All federal judges are expected to meet published ethical standards and the Code of Conduct, which call on judges to refrain from political activity and ask that those on the bench "act at all times in a manner that promotes public confidence in the integrity and impartiality of the judiciary."
The misconduct review process could lead to a variety of outcomes, ranging from dismissal of the complaint to a recommendation of impeachment, which would be in the hands of the U.S. Senate.
What's likely to happen in this case? Mark Follman talked to some experts in judicial ethics.
Where to draw the line between appropriate and inappropriate speech by judges is a complicated matter, says Jeffrey M. Shaman, a judicial ethics expert at DePaul University College of Law. But there seems to be little doubt that Cebull crossed over the line. "Offensive, racist speech such as this clearly diminishes public confidence in the integrity and impartiality of the judiciary, and therefore should be considered a violation of the Code of Judicial Conduct," Shaman told me. "Judge Cebull ought to know better, and his circulation of such a disgusting message makes one wonder if he is competent to serve as a judge."
What might the consequences be for Cebull?
"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," wrote George Washington University legal scholar Jonathan Turley on Thursday. "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."
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Yeah, unless I am a person of color in front of his court. This episode should be enough to appeal any rulings he has had of minorities. If he thinks a minority is akin to a dog, what does that say about his rulings?
Resign.
But Judge "Ce-Bull Connor" apologized...and then invited the President to join him on a "coon hunt." The reason so many Black men are in prison is because of Judges, Prosecutors, & Cops like this.
And the American Legislative Exchange Council (ALEC) is behind all the tough sentencing laws since their members are the ones making all the money off of all these Black prisoners, where they can also keep them from voting. Remember, the 13th Amendment outlawed slavery - but it did NOT apply to prisoners. For great show on this see PBS special: SLAVERY BY ANOTHER NAME.
Why is it that every rightwing douchebag that pulls crap like this look like a villain from the Rockford Files?
While I have great respect for Prof. Turley's expertise and views on judicial matters, I think that what Judge Cebull did went far beyond "a bad joke at a dinner party." The e-mail revealed a mindset that calls into question his ability to treat all people who appear before him equally and with impartiality. If I were a person of color, for example, I would immediately request a new judge if I walked into court and saw him sitting on the bench to hear my case, whether civil or criminal. The mere fact that Judge Cebull thought the e-mail would remain private is not an excuse for his thinking that sending it was either clever or appropriate.
Of course, the judge may have thought nothing of sending the e-mail given that a sitting justice on the US Supreme Court thought there was nothing wrong with going duck hunting with Vice President Cheney when there is a case pending before the Court involving the Vice President, or when another Justice's wife is accepting huge sums of money for lobbying against legislation - the Affordable Care Act - that everyone knew would end up before the Court the moment it was passed.
Judge Cebull needs to resign and Chief Justice Roberts needs to make the standards all other judges must follow applicable to members of the high court.
absolutely,if i were an african american and went to his court I would insist he recuse him self ,and if I had been in his court for him to judge me ,I would insist on another trial , he should be ashamed of his actions and resign to save face,
This would seem to seriously call into question his impartiality on cases pitting a while person against a person of color.
Furthermore, the e-mail makes his look like a jerk.
Hey, here's a joke: A young Richard Cebull asks his dad, "Where is mom." His dad replies, "She's at the vet getting her distemper and rabies vaccination. Later on, we'll take her for a walk at the park."
Charley James, everything you said is "on point"! I appreciate the fact that the Judge apologized, but his motivation to do so seems to have been to quiet the "noise". I suppose him " throwing himself on his sword", though appearing gallant was a way to get in front of the issue.
Many White American don't think there are civil rights violations of people of color. One of my local administrators(Politicians) asked me if I thought there were civil rights violations still today. This is an example of what covertly goes on to undermine the rights of people of color. Do you think that a judge who degrades the most Powerful Man in the World (who happens to be Black) would think twice about degrading the average citizen of color, that appears before him? It happens more than most would believe or accept.
There is a significant contrast here...if I send an offensive email from my computer at home, that's bad taste, shame on me, and it's like a bad joke at a dinner party. If I send an offensive joke from my computer at work, I'm fired, and justifiably so. There is a difference between me, personally, making an offensive remark (resulting in being chastised by my friends), and making an offensive remark as a representative of my employer (misuse of company/government assets that could result in a lawsuit).
Apart from that difference, the joke was not against the law; there is a lot of humor out there that is offensive (I laugh at it every day), and am guilty of repeating some of it. Passing it on is an example of poor taste and bad judgement. Hmmm..."bad judgement". By a judge. Maybe there is a point there as well.
My vote is for impeachment! A "justice" is supposed to be impartial - this email that he sent around, along with what amounted to a half-hearted apology because he was "outed"!! I understand that he's against the President, but really, how are people of color supposed to believe that they are receiving "justice" in his courtroom?!? He should be removed from the bench!!
Zora,
I was thinking the same thing. Impeachment is the only solution, and all of his cases, involving minorities/liberal whites should be reviewed and possibly found cause for dismissal. The ultimate punishment should be afforded him because of his position and his assault on the President of the United States. These judges seem to forget they are not born into these positions, they're elected. We need to do something to restructure our judicial system, because it isn't working from the Supreme Court on down.
A childhood friend was an appellate judge. He once explained that part of the job is never writing anything, even in private, that would put the court in a bad light. You might think that it will never be repeated, but history is full of examples to the contrary.
When I seen this story I had to check the calendar that it was March-1 and not April-1 April Fools Day
You begin to wonder about these people, don't you?
whats to wonder he was appointed by Bush ,enough said!
maybe I'm just tired of folks insulting our President and his family, and then giving bullshyt non-apologies.
his ass should resign.
I don't know about that. That apology sounded sincere, remorseful and didn't have any weaselly "if I offended ..." in it. I think the Pres should accept the apology in the spirit given.
Having said that, forgiveness does not equal forgetness. The sumbitch should still resign and/or be impeached. Your words should have consequences. All Judges know that.
DerFarm, the non-apology was sincere in quieting the noise that he got caught, not sincere in a knowing that what he did was wrong and why. @!$%#, it wasn't even an apology! It was a "Sorry if anyone was offended" typical BS GOP "damn, I got caught" apology.
Of course the POTUS will accept it. He always does. He should. He is POTUS. But he should never have to. That's what's so messed up about this.
"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."
Disagree ... this was from a U.S. District Chief judge and ABOUT the President of the United States. This is not a party joke by some clown (although the clown tag may fit in this case). The man should be asked to resign.
He should not be "asked" to resign. He should be FORCED to.
This kind of thing always comes back to bite you in the ass one way or another. When are people, judges, politicians, and media personalities especially, going to smarten up?
He has his right to free speech. That said, you have to be careful who hears or understands what you are communicating, especially if you are a judge. I don't think an all out dismissal of this issue is in order but I don't think he should be impeached. A possible censure or reprimand of some sort.
No. He DOESN'T have the same rights of free speech as you or I. You and I do not sit in judgement on others. You or I do not have guarranteed protection from bad judgements while on the job. You or I do not hold (at least I don't) a position that requires clear neutrality on any number of issues to perform as appointed.
This sort of thing is reprehensible in a used car salesman. It could easily be considered criminal in a sitting Judge.
Turley is wrong on this one. The judge was using his official computer for personal email. A violation in itself.
Then there's the whole the judge is a racist dummy problem.
Thank you! He sent it from his courthouse computer. He used taxpayer property for personal use.
just a handfull of friends,hummmmmm what is he doing associating with friends who would think this is funny? resign and get a job working rof Rush Limbo,i'm sure he would be one of your hand full of friends
One of the many canons of judicial conduct Cebull violated was running to the office of Rep. Denny Rehberg, R-Mont., to use a congressional staffer to issue a statement. Cebull's Billings residence is in a gated community developed by... Denny Rehberg. It would be nice to know what kind of deal he got on the property.
In addition to any cases that have been before Cebull's bench that involved racial minorities -- and his docket is full of felonies from Montana's seven Indian reservations -- his stated antipathy toward the president calls into question any of his decisions involving policies of the current administration.
Federal judges are required to avoid even the appearance of racial or political bias, and he has failed.
FELONIES!!! Now you know his cases need to be revisited. I heard the Ku Klux Klan has people in high places, this may be Pandora's Box. I'm almost sure that many people did not commit felonies. He probably victimizes people who can't afford to defend themselves. Thanks for sharing.
I agree with Rep. Emanual Cleaver (D-MO) that Judge Cebull's apology is not enough. If it were anyone sending those racist e-mails at their job they would be fired on the spot! I am really glad that these sort of people are getting cought "Red-Handed."
His "joke" is exactly the kind of thing I received from several people in 2008 during the presidential campaign. I knew these folks were conservative and almost without exception Republican -- I just didn't know they were so bigoted. Not one piece of email that any of them sent out had anything to do with the issues; all of them were extremely racist and hateful. None of these folks are on any one of my "friends" lists now.
Essentially he should be smart enough to at minimum be wary of what he puts in writing. Text messages have held up in court. Why can't a racist email? He has shown not only that he is not impartial, but that he is not smart enough to consider before he shares his vitriol with the world.
I am glad that he finally actually apologized. It is not enough. Not if there are black people standing before him waiting for a fair ruling.
Oh, By the way Rachel Maddow, You are the BEST!
He's probably the Grand Dragon of the KKK or Aryian Nations on the side - after all, it's Montana.
WOW! You're kidding? I don't know anything about Montana's culture but I mentioned the KKK above. I could just smell it on him. Thanks for sharing.
When are these insults to the president going to cease.? Not until the individuals doing these things are held responsible for their actions. As much as W was disliked, public officials never spewed forth the hatred that Obama has been subjected to. Sometimes I think this country is lost.
Remember the Dixie Chicks? They spoke out against the, then President Bush and the backlash was unbelievable. We have Congresspeople who think it's ok to call President a "liar" and have them pointing their finger (shaming) at him. The list just goes on...and it's alright...When will it stop?
The Dixie Chicks said they were 'embarrassed by GWBush'...oh the OUTCRY...but then none of them are black...
"W" also stifled Whoopie Goldberg around that same time. If you spoke out against him, you were dealt with.
Shame on him. Other posters have said everything else much more eloquently than I can.
aside from all the reasons stated above which I totally agree with, this was extremely poor judgement on his part. Isn't sound judgement a requirement to be a judge? If the court is ever to regain an outward appearance of integrity, this judge should no longer represent it. He should resign or be removed from a position where people of color may come before him.
Can't be rid of this man fast enough.What people find "funny" tells much about them ...this man is a menace with a gavel.
Evidently, matters were not fully settled at Appomattox Courthouse. . .
I'm so tired of the racist hatred against Obama. The President deserves respect whether you agree with his policies or not.
A federal judge should have enough judgement to delete an email like that, rather then forward it. It shows his true racist and sexist character and judgement, not to mention his political bias. He should resign. He is unable to be fair and impartial to anyone who is not a white male republican.
I agree with what's been said, except that I think the judge's apology was not a non-apology apology. I think it was a full-on, 'I was wrong, and I am sorry I said it' apology. I also give the judge credit for his taking the initiative to apologize directly to Obama, and for initiating an investigation of himself for judicial ethics violations. How often have we seen anyone on either side take this sort of action on their own? Not nearly enough. I think we should credit him with at least that much honor.
I won't argue about the apology/non-apology apology. We'll have to simply agree to disagree. That said, methinks he is trying to save both his job and some face...the only reason he apologized to the POTUS and initiated the investigation. I think he should save neither.
I am sure the attorneys of minority clients who had rulings made by this judge(term used very loosely) are already preparing their briefs of appeal for new trials. Mr.Cebull has not only brought reproach upon himself and his family, but, has also stained equal justice jurisprudence upon the entire State of Montana! Any trials involving race CAN NEVER be brought before him again,because it would most assuredly bring an appeal,and great cost to the state. If he is only " admonished" It would be a slap in the face of not only people of color,but to the citizens as a whole! One can only guess by his actions,what his attitude would be towards women,the poor,and the common people who reside in his state. The wise action would be for him to resign,but,barring that,his impeachment,and removal from the bench is more than warranted!
Ms. Maddow, this saddens me for our President and people of color. From day one these extremely racist and hateful views have been aimed at the President without shame or remorse. It took our President to bring out the undercover racist who govern and judge the black community unfairly. What these so called Christian leaders leaves is alot to be desired. If I wasn't a Christian already I would not be one. The God that I serve is just and maybe they don't know and is past caring that it will be the hate that they have in their heart that will judge them. Hate is a cancer and apparently they don't mind having it in their heart which will turn on them.