By Jerry McDonald, Thompson Falls
Seeking to explain his behavior for re-transmitting a racist e-mail from a taxpayer owned computer system Judge Richard Frank Cebull, United States District Court for the District of Montana is quoted in the Great Falls Tribune as saying,
“The only reason I can explain it to you is I am not a fan of our president, but this goes beyond not being a fan,” Cebull said. “I didn’t send it as racist, although that’s what it is. I sent it out because it’s anti-Obama.”
Aside from the obvious violation of the Notification and Federal Employee Antidiscrimination and Retaliation Act of 2002 (the No-FEAR Act), the facts of the matter demand immediate censure of Judge Cebull and a Senate investigation of his Office. As a Federal Judge, Cebull is exempt from this act however computer systems in his office might not be.
The Procurement Management Division (PMD) of the Administrative Office of the U.S. Courts conducts and oversees the federal Judiciary’s comprehensive nationwide procurement management program. This Office procures computer systems and Internet Service together with the U.S. General Services Administration. Judge Cebull’s self admitted act of intolerance transmitted from a PMD procured computer and circulated throughout computer systems procured through the GSA might even open the door for action by the US Justice Department to discover whether or not there is persistent violation of the No-FEAR Act in Judge Cebull’s office.
The sequence of events indicate the Judge himself was aware of risk. Besides forwarding the e-mail to personal friends Judge Cebull forwarded the message to his personal account. That clearly indicates Cebull recognized the jeopardy of the e-mail’s contents and in sending the e-mail to his personal account either sought to forward this message about from “safe” computer systems or store the message in electronic or print form for his personal adoration.
Now why are Judge Cebull’s actions wrong and why should we care?
They’re wrong because we expect Judges – especially Federal Judges – to behave in a well thought-out manner. Clearly this judge did not act judiciously. The Judge, his family and ardent supporters agree this act was impulsive and regrettable.
Congressional action notwithstanding, the ripple effect from Cebull’s behavior is wrong because now, functionaries within the entire Federal Court will need to further scrutinize their actions whilst using the Court’s computer systems, creating yet another layer of administrative burden (AKA taxpayer expense).
And this behavior by this Federal Judge is wrong because American justice is blind, rendering decision on facts and this judge, by act of his own hand, admits subscription to belief that in some comical universe interspecies procreation is a possibility. A belief which is far from fact, far from sober, far from balanced and simply not funny. In fact interspecies sex relations and the thought of offspring from that relation is perverse, offensive to human life values and crosses the line into a pornographic stream of consciousness that disqualifies Cebull to render opinion on matters of human health or welfare.
So what’s the harm, who cares?
As Montanans we should care about our image. In a global economy we need to be thought of as a good place for business. Tourism is BIG business in Montana. What does Judge Cebull’s behavior have to do with tourism business? A lot! Maybe a whole class of affluent American families that were going to rent that cottage in Whitefish or ski at Big Sky are having second thoughts about spending vacation dollars in a part of the country where a Federal Judge feels justified in circulating messages of intolerance and bestiality.
As Americans we need to care that a jurist appointed to a lifetime position subjects his or her self to a higher code of conduct, recognizing that sobriety of action is critical to the trust bestowed upon them and critical to the validity of “rule of law.”
And as taxpayers we are obliged to care about what the heck goes on in every Constitutional Office. We should care that every asset placed at the disposal of elected officials, appointed judges, administrators and employees is used to carry out the people’s business and nothing more, regardless if it is a jet fighter or a memo pad.
So why do I care? I care because my dad taught me to act polite. That words have meaning whether it is ‘I love you’ or ‘please pass the potatoes.’ And I have discovered that we should all care what words we use and what messages we send out at the speed of light to be read, interpreted and responded to by our fellow human beings. We should care that when we Tweet or Post or Send that we have irrevocably opened a window to our inner selves. And that it is not only us indicted or acclaimed by our actions and words but also the community of friends, family and associates that beam at our brilliance or hang their heads trying to explain our thoughtless outbursts.
Great editorial says
As a former federal law clerk to two of the finest federal judges in the Country, I can attest to the fact that being a judge, let alone a federal judge, is one of the most difficult, lonely, jobs in the World. You are expected to be unbiased, non-discriminatory, erudite, intelligent and, above all else, impartial. You are expected to hold the office beyond reproach. Judge Cebull has sullied both the office and the United District Court in Montana. There is absolutely no excuse for the racism he so vividly demonstrated, which calls into question a judge’s impartiality and demeanor. There is no action short of impeachment which is called for in this instance.
Mick says
I wanted to drop you a note and say “Thank-You” for this editorial. What this judge is wrong on so many levals. What a pathetic man to send this while in the capicity as a federal judge and more important as a member of a civilized society. This is a reflection on the whole State of Montana. Again “Thank-You” for saying what needs to be said.
JLSR says
This is a large part of the problem as I saw it, too. Whereas, even if you, too, are not a “fan” of President Obama–here is a judge, working for the Federal government, paid by all of US, misusing his office and his trust. Thanks for pointing out the problems with insight and aplomb.