By now we've all heard of the disgusting racist joke which the "Honorable" Richard Cebull, Chief Judge for the District of Montana, forwarded to his like-minded friends. I think Judge Cebull should resign from the bench, or, if he will not, he should be impeached. I don't hold this view just because he's a racist, or even because he's a crude son of a bitch. He should be removed because his conduct raises fundamental questions about whether he is capable of judging fairly and honestly in a whole range of cases.
..
The racism is bad enough, although to his credit Cebull not only admitted it was racist (while denying he himself was a racist--rather a fine distinction, don't you think?), but actually initiated an investigation of himself by the Judicical Council of the 9th Circuit. What struck me, however, was not so much the racist sentiments toward President Obama, because God knows we're all used to that. It was the attitude towards the President's mother that I found particularly repulsive. Ms. Dunham was by all accounts an intelligent, hardworking, and socially responsible person. And yet Judge Cebull saw nothing at all wrong with passing on a joke which not only implied that she was promiscuous but that she engaged in bestiality.
Judge Cebull freely admitted that he didn't care that the joke was racist (or sexist, apparently), since it trashed President Obama, and he really likes that: "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. I didn't send it as racist, although that's what it is. I sent it out because it's anti-Obama." So evidently you can say anything you want, racist, sexist, anything at all, as long as it ridicules the President.
Okay, now imagine you're a plaintiff's lawyer practicing in Montana. If you wind up in Judge Cebull's court, how in the world can you be confident that you'll get a fair trial? Would you want him hearing a race or sex discrimination case? If you drew him, wouldn't you automatically file a motion requesting that he recuse himself? Even if you're a defense lawyer in a discrimination case you may not want him on the bench, since he gives losing plaintiffs one more basis for an appeal.
What about those government lawyers who represent the agencies which enforce Obama administration rules, and laws passed under this administration? Maybe you're on the US Attorney's staff, or you're a staff lawyer with the EPA, the Department of Labor, the EEOC, Bureau of Land Management, or any other federal agency. Judge Cebull has already told you he is "no fan of the President." Is there any chance you can defend, say, the ACA or an anti-pollution rule in Judge Cebull's court?
Turn it around. If you're the US Attorney, do you want him trying a case involving a Black defendant, knowing that an appeal on the basis that the judge was prejudiced is now automatic?
I think Judge Cebull's ability to function as a Federal Judge has been hopelessly compromised.