19 January 2014

Judge Richard Cebull, revisited

Remember Judge Richard Cebull, one of Montana’s blessings on the federal bench? He who used his court email account to unwisely forward an off-color joke about President Obama? He who was not applauded for his sense of humor and subsequently was subjected to a misconduct inquiry by the Ninth Circuit Court of Appeals? He who retired, apparently hoping to keep all the facts under seal? I’m sure you do.

Well, Judge Cebull is back in the news — the national news — because more facts have been released, and they don’t exactly burnish his reputation. His fondness for off-color and politically incorrect humor was considerable. He distributed hundreds of jokes he might have better left untold.

David Kurtz has the story at Talking Points Memo, where you can download the final report.

In fairness to Cebull, the investigation found no evidence that he was biased on the bench. Here’s the money paragraph:

The March 15 order noted that the special committee investigated Judge Cebull’s cases — in particular, his dispositions of labor, employment, civil rights and prisoner rights matters — and his criminal sentencing, as well as his cases that were appealed. The investigation found no evidence of bias in his rulings or in his sentencing practices, and no cases that were “troubling.” The order noted the special committee interviewed “key individuals in Montana’s legal community, court staff and Judge Cebull’s professional and social contacts,” and found that “[w]itnesses generally regarded Judge Cebull as a good and honest trial lawyer, and an esteemed trial judge.”

People in positions of high responsibility and visibility should hit the delete key when they’re tempted to blast out jokes. They should close their mouths when tempted to deliver politically incorrect humor orally. Here, the object lesson is what Secretary of Agriculture Earl Butz said within earshot of John Dean. And they never should tell Limericks: none that is clean is funny.