NY Times Editorial: "Federal Judge Should Resign"

Judge Cebull’s Racist ‘Joke’
The New York Times -  EDITORIAL  -  March 5, 2012

Apologizing for atrocious behavior is better than not trying to apologize. Rush Limbaugh’s nonapology to Sandra Fluke for calling her a prostitute was a good example. But sometimes even a seemingly sincere apology is not enough.  Richard Cebull, the chief Federal District Court judge in Montana, acknowledged last week that he had sent some of his friends an e-mail containing a joke based on sexual and racist slurs against President Obama. He apologized, directly to Mr. Obama, which is more than Mr. Limbaugh did to Ms. Fluke. But he did it in a way that only exacerbated doubts about his judicial temperament and whether he possesses the balance and impartiality essential for any federal judge.  To his credit, Judge Cebull, who was nominated to the bench by President George W. Bush in 2001, admitted that the joke was racist and that he displayed “very poor judgment.” But he also said he did not send the e-mail because it was racist but because it was “anti-Obama.”  His dislike of the president is so strong, apparently, he could not resist the urge to violate his ethical duty to avoid intemperate conduct that suggests racial and political bias and an appearance, at least, of impropriety. Although Judge Cebull did not intend for his e-mail to become public, his use of a government computer and an official e-mail account to spread the hateful message removes any claim that his action was purely private.  At Judge Cebull’s request, the Judicial Council of the Ninth Circuit Court of Appeals will now consider whether and to what degree to discipline him. It has the power, if it chooses, to reprimand him and temporarily suspend him from hearing cases.  It should not be necessary for the appeals court to do that. Judge Cebull has forfeited the trust Americans need to have in the impartiality and judgment of members of the federal bench. He should resign.

CLICK HERE TO SEE BACKGROUND STORY, "Federal Judge Files Ethics Complaint Against Federal Judge."