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Judge H. Lee Sarokin

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Should Judge Cebull Resign for His Racist Email?

Posted: 03/10/2012 2:50 pm

I recently criticized The Good Wife for its portrayal of judges as arrogant and pompous fools and idiots, so you might suspect that if fictitious judges upset me, a real federal judge sending a racist email against President Obama would put me over the top, and it did.

The content of the email was not even borderline racist; even the judge acknowledged it as being so. The New York Times describes the forwarded joke "as involving suggestions of bestiality and the president's mother." Although admitting and recognizing its nature, Judge Richard F. Cebull (Montana) suggests that his motives were political in nature rather than racist, and to his credit, apologized to the president and invited an investigation.

But what next? The facts are undisputed. The email was racist; its content despicable. It was forwarded by a sitting federal judge, indeed the chief judge of the district. Is this a wrong that can be righted by an apology? The judge was engaged in a form of political activity in which he should not have been. Judges should not be expressing their political views or opposition to the president particularly through government channels. Judges should not participate in partisan politics. Added to that is the out-and-out bigotry of the email. Even accepting the judge's claim that he forwarded the email for its political (anti-Obama views) rather than its racist content, he condoned it.

But even accepting the judge's apology, his motive and explanation, can he remain on the court? Part of me feels sympathy for him. Because of this single, stupid mistake, his judicial career may be over. On the other hand, lawyers and litigants, both past and present, may wonder whether or not this incident reflects a more deep-seated bigotry and prejudice -- both political and racial. Has it or will it affect decisions made or to be made? My objection to judicial elections and contributions to judicial candidates by lawyers and litigants has always been, not only the risk of actual influence, but the perception of it by the public. The question is not whether or not the judge is a racist, but whether or not he is or will be perceived as one.

There is talk of hearings and possible impeachment proceedings, but this is not an issue to be decided by others. Judge Cebull should decide what is best for the judiciary and the public's perception of it. The past is undisputed. The future is his to make.

 
 
 
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12:13 PM on 03/16/2012
Judge, will you take requests? I think we'd like to hear your take on the latest Goldman dust-up, ie Greg Smith dropping a few dimes on Goldman culture about eg trading against clients.

Some analogies occur to me in the entertainment world, where clients often seem to seek out agencies with conflicting interests in hopes of putting something copyrighted together that will benefit everybody. To me, the analogy breaks down where (1) there's no clearly new value created, and/or (2) there are unwilling participants - you don't have to go to a movie, but you can't opt out of the economy as long as you pay taxes.
08:10 PM on 03/13/2012
Can anyone break down the joke and explain exactly how it's racist? It's pretty insulting to Obama's mother and BHO but it obviously does not include all Black people.
10:24 AM on 03/14/2012
Ok I'll break down the joke....."momma why Am I black and you're white?". .....this is where race comes into play.
Then the mother answers saying, (this is we're the beastiality reference comes in).... "Don't even go there Barack, from what I remember about the party, you are lucky you don't bark".
So, I read this And I gather that the judge...sorry I meant Joke.... is insinuating that white women will s#%w anything- including black men and dogs.
So, Now what should he be labeled as -- a Woman Hatin, Racist, Dog lover??? Oh yeah, and it's obvious he has an Oedipus complex....since the joke "touched his heart".
timber1647
It's either sadness or euphoria
08:36 AM on 03/13/2012
There is an old phrase in Sales/Marketing that perception is reality. In this case the future perception of the judge is that he is either a closet racist or will rule based on his political leanings. In either case, that is not what citizens should expect from their judiciary. The judge should resign.
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Joe Mastrario
A conservative,with Libertarian leanings
08:04 PM on 03/12/2012
Come on folks, grow up and relax. He sent an off-color email joke. His sense of humor is twisted, but that doesn't mean he had any bias in his court or he acted in anyway contray to his oath of office. As far as his being impeeched, please. He broke no laws, he accepted no bribes, he did not sell his verdicts. Bottom line he forwarded a off-color and poor joke. However he did nothing illegal.
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dragonlady620
My karma will run over your dogma
01:24 AM on 03/13/2012
It certainly raises questions about his fitness for the office
timber1647
It's either sadness or euphoria
08:38 AM on 03/13/2012
Sure it does, if for no other reason than it has exposed his willingness to accept racism, even if in "joke" form and also raises questions about whether or not he will rule based on his political philosophy. The citizens that appear in his court deserve better.
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Joe Mastrario
A conservative,with Libertarian leanings
10:42 AM on 03/13/2012
There hs been no proof this judge ever did anything improper of illegal. As far as his being a racist, why is that the first thing I always hear from Obama supportors. Do you honestly think judges don't let their political feeling and leaning influence their votes then I have a bridge I'd like to sell you.

What makes anyone think he has improperly used his office in any way. He has broken no laws. I refuse to see why anyone should resign from their post based on one off color and poor joke. It does not mean he's a racist or he can not be impartial on the bench.
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Joe Mastrario
A conservative,with Libertarian leanings
11:46 PM on 03/14/2012
Timber, I am not missing the point at all. Your view that perseption is reality is not a reason for this man to resign. He forwarded a dumb joke, if for some reason this broke his oath of office than yes he should resign. However, I refuse to allow the "suspicion" of racism or racist sympathies to force a man who till now has never had an issue or even been in trouble. Have we evolved into such a hypersensitive nation that now even a forwarding of a bad joke can cost someone their job? Come on now, that stance will only further poor and substandard personages wanting to work in government.. Is this really what we want, to destroy people's entire lifetime of work on a perseption.
As for my question in regards to Clinton, yes he was impeeched by the house and saved by a democrat controlled senate. However, what everyone forgets is Clinton was found guilty of perjury and stripped of his law licence for 5 years. If we go by your standard that judges be held to a higher standard, then what about the president. Clinton should have stepped down based upon your idea. The point is we had a president, who after taking an oath to uphold and defend the constitution and laws of our country. He then later broke those laws and committed pergury. For that he should have stepped down, as he not only committed a crime, but broke his oath.
02:10 PM on 03/12/2012
Cebull should "retire" (he can always join a law firm that wants a "U.S. Dist. Judge (Ret.)" on its letterhead for five times the amount he is making now). The problem is not the content of the e-mail per se, but the fact that he sent it because he detests the President so much. How can the federal government expect a fair hearing in front of a judge so deeply biased against the policies of this administration?
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Rooster Coburn
Less Gov't + More Responsibility = A Better World
03:55 AM on 03/12/2012
Many people routinely forward emails that are supposedly "humorous" to everyone on their email list without ever reading them completely. It can be irritating but that's what "spam" filters are there for. I don't even bother to read all the dumb "jokes" that I get in my "In Box". I just hit "Delete".
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12:18 PM on 03/12/2012
I am missing your point. Sorry.
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Rooster Coburn
Less Gov't + More Responsibility = A Better World
12:59 PM on 03/12/2012
I meant that the judge may not even have read what he forwarded.
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souix55
By your actions you will be known
03:57 PM on 03/12/2012
He forwarded it to six of his close friends, via a government computer. If he didn't read it, that is all the more reason that he should resign.
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whyus
San Francisco native
03:19 AM on 03/12/2012
He should be impeached.
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Ruth Rocchio
Art all the time, no matter what!
08:53 PM on 03/11/2012
I have seen the email and the apology and yet still remain disturbed by the Judge's actions. Wiser heads than mine would have to make the decision as to whether he ought to remain on the bench, but I certainly would not want to be a minority litigant in his court.
01:17 AM on 03/12/2012
That's the problem. It calls into question his previous rulings involving Black males.
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Julia Caskey Marshall
08:31 PM on 03/11/2012
"...this is not an issue to be decided by others. Judge Cebull should decide what is best for the judiciary and the public's perception of it. ..."

I disagree. Anyone with the discretion of a Judge Cebull, should not be deciding anything for anyone. The idea that he would be the best 'judge' of his own behavior is reminiscent of Alan Greenspan's comment that he really thought Wall Street could govern themselves (after the Wall Street crash). Or perhaps it is inspired by the AMA's belief that doctors are the best choice to 'police' other doctors. Problem there is that without any deterrent (i. e. massive lawsuits), by the time a doctors (or judges') lack of judgement is discovered it is too late for somebody.
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Obviator
08:30 PM on 03/11/2012
When you consider that Obama is a genteel and atrticulate and urbane, very well educated Harvard law grad and president of the united states and gets this kind of contempt from this judge, one can only surmise that an average black man isn't getting any breaks from this guy either. I think any person of color could make a pretty good case for having this judge removed from their case. He's blown his cover where the impartiality is concerned and undermined his credibility .
01:18 AM on 03/12/2012
He displayed his true colors and they are not pretty.
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LMPE
I connect the most dissimilar things
08:20 PM on 03/11/2012
Whether or not this creep ends up having to resign, he should have to wear a sign saying:

I SENT A RACIST EMAIL ABOUT BARACK OBAMA
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Julia Caskey Marshall
08:00 PM on 03/11/2012
...this is not an issue to be decided by others. Judge Cebull should decide what is best for the judiciary and the public's perception of it. "

I disagree. These are similar "famous last words" of others in similar situations. Alan Greenspan after the Wall Street debacle saying "I really thought Wall Street could govern itself." He was obviously mistaken to the detriment of every person in the US who had ever owned stock or real estate. And what about the AMA wanting Dr's to oversee Dr's. I'm not saying that malpractice lawsuits aren't out of hand, however, given that most Dr's wont testify against another Dr (even if the latter is obviously in the wrong), it would seem obvious that the policing MUST be done by an outside group. I see no difference with the judiciary. After all, isn't it just another "Good ol' boys club, too"? The problem with leaving the decision with Jude Cebull is that there is no guarantee that he will make the right decision, and a wrong decision will affect too many others in a very negative way. You cannot 'un-ring' a bell.
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Judge H. Lee Sarokin
Retired after serving 17 years on the federal cour
12:42 AM on 03/12/2012
Julia - I have responded to this a number of times. Initially he should decide whether or not to resign. Obviously if he decides not to, his conduct will be subject to review by others. I merely mean to convey that his own conscience may obviate the need for further review and action. He should not need others to tell him what is appropriate.
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Julia Caskey Marshall
02:00 AM on 03/12/2012
True, he shouldn't, but I wouldn't hold my breath.
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Jadha Sin
Ipsa scientia potestas est
04:31 PM on 03/12/2012
With all due respect, are you basing your statement that the email was racist on perceived implication or fact? I read the email as it was posted here on HP and although it was most definitely insulting to Obama's mother I didn't find anything specifically racist in it. If I read correctly, the implication was that Obama's mother was "easy", which is offensive and disrespectful but not racist.
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07:23 PM on 03/11/2012
I think one of the most disturbing aspects of the racist/misogynistic email was the judge's words, "Hope it touches your heart like it did mine."

How could any attorney properly allow his client's matter to go before Judge Cebull?
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Enjay 1
Enjay in E MT
07:10 PM on 03/11/2012
Every state tells ha-ha jokes about the next states residents, just as there are Irish, Polish, Jewish, Catholic and Norwegian jokes. You know, the one about the lady from (fill in the blank) who tried to trade her menstrual cycle in on a Harley. Or the Irishman who left the bar... yes, it happened, he actually left. Or those 5 yr old Johnny jokes... However this e-mail was well beyond a ha-ha funny. It was vulgar and distasteful, meant to demean the President and his mother.

There are hundreds of Anti-Obama facts and comments this Judge could have sent to show his political leanings, instead of what he did send.

And yes, the cases Cebull presided over should be independently reviewed for indications of bias.
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disgusted2012
07:06 PM on 03/11/2012
After reading many despicable irrational post on other threads, I must say this thread for the most part is lucid and refreshing.