Category Archives: conduct unbecoming

The MT Office Of Public Instruction Erases LGBTQ Protections

by D Gregory Smith

According to my sources, all LGBTQ language has been scrubbed from the Montana Every Student Succeeds Act- meaning they only want non-LGBTQ students to succeed.

This is blatant discrimination at its finest- the OPI has decided “let’s hit our most vulnerable students with a complete denial of reality”. This cannot stand. I urge you to express your displeasure at this move by writing the OPI  here: ESSAinput@mt.gov .

This is institutional bullying- and we cannot let this stand.

Update from Kim Leighton, Pride Foundation, Montana staff:

Approximately 40% of youth experiencing homelessness identify as #LGBTQ with the number one reason being family rejection. Parents or legal guardians often kick their children out of the home once they come out, simply for who they are and who they love; or the home becomes so untenable they are forced to leave. This is both heartbreaking and alarming as approximately 7% of the total youth population identifies as LGBTQ.

After nearly a year of working with allies at OPI to get inclusive language specific to the disproportionate impact of youth homelessness on LGBTQ youth, we’ve learned that the draft of the Montana State ESSA Plan has removed all LGBTQ language. The erasure of queer youth from an entire policy is unacceptable. Pride Foundation is working with service providers, partner agencies, organizations and national partners to address this. We will keep fighting to make sure queer youth experiencing homelessness are heard, seen and valued across these policies.

The public comment period is open until August 11th. You can submit comment at the following link: ESSAinput@mt.gov .

 

Tolerance

by D Gregory Smith

What is it about the “Other” that is so threatening?

In the wake of violent tragedy, can we just put down our own egos for a second and respond to pain, suffering and confusion with true compassion?

Can we?

Some of us can, I guess. But the rhetoric from leaders who wish to respond to violence with even more violence is in direct contradiction to the words of Jesus- and I can’t wrap my head around how they twist “turn the other cheek” and “love your neighbor as yourself” and “those who live by the sword will die by the sword” into “Fight back or you’ll look weak” and “Hit hard, hit fast” and “Give everyone a gun” and still call themselves Christians.

It’s confusing, and I think we have to call it what it is- vengeful and hateful and xenophobic.

Period.

I’m tired of tolerating this rhetoric from “Christians”.

Anybody else?

Cebull Resignation/Impeachment Petitions Update

by D Gregory Smith

When I first looked at the internets regarding public discontent regarding Richard Cebull’s lack of professional judgment, (Cebull Petitions Pepper The Internet- And They Should) there were 5 petitions circulating in the informational ether.

Now, the number is up. On Change.org alone there are 10.

Will anything happen? Will the complaint by the Montana GOP (against Senators Baucus and Tester for filing an investigation request with the Senate Select Committee on Ethics to take a look) get any traction? Will the story just fade away?

Nope.

Not as long as I have a computer and internet access….

Related articles

Op Ed: Judge Cebull’s Email “Irreparably Damaged Ability, Impartiality of Federal Court”

by D Gregory Smith

A piece in today’s Missoulian by 6 UM Law School professors  gives us an excellent reason to keep up the calls for his resignation and/or dismissal: the irreparable damage to impartiality. Excerpt:

Racism and sexism work in pernicious ways. Although there are still open racists and sexists everywhere, thanks to the civil and women’s rights movements much of what we now see resides in more subtle institutional arrangements and private, informal interactions that define our daily existence. Racism and sexism lurk in systemic processes, in implicit understandings, in gestures and jokes. Hidden from the light of public scorn, they thrive in structural formalities, personal relationships and private interactions.

Every once in a while, we catch a rare glimpse of these manifestations. U.S. Chief District Judge Richard Cebull’s e-mail and equivocations provided the latest example. Sent an admittedly racist and misogynistic email, Cebull chose to promote it to others. And when caught having forwarded the disturbing message, Cebull tried to distinguish the email’s content from his intent and his act from his character, demonstrating a profound misunderstanding of racism and sexism.

I know that I certainly would not feel comfortable having him decide a case involving me- or anyone I know for that matter. I would probably be able to make a case- as would anyone who has spoken out against him- for recusal. I would feel suspicion and mistrust- and fear. Not the feelings a Federal Judge should engender….

More:

We acknowledge Cebull’s contributions to our profession. We also hear his contrition and recognize that we have all made mistakes. But his is not a simple lapse in judgment or momentary moral failing. As a federal district judge – the chief judge of Montana – the consequences of his actions are that racial and ethnic minorities, women and even people with whom he disagrees politically now have clear reason to question his ability to be fair and impartial when they appear in his court. The cynical may even try to exploit his revealed biases.

Cebull has irreparably compromised his ability to promote the independence, integrity and impartiality of the United States District Court in Montana.

Agreed. I just hope we can do something about it.

Related articles

Cebull Resignation Petitions Pepper The Internet- And They Should

by D Gregory Smith

Photo from The Missoulian

So far, I’ve found five petitions circulating the internet asking Federal Judge Richard Cebull to resign for his poor judgment in circulating a racially charged email about Barack Obama, his mother- and a bestiality party. Three on Change.org alone. I signed them all.

Why am I still harping on this? Well, to quote The Boston Globe,

Should a single joke, even a deeply, shockingly insensitive one, doom an entire career? Even if it’s merely forwarded on a computer, rather than spoken aloud? A good answer is: only if biases expressed in the joke are reflected in a broader assessment of the joke-teller. That’s why Congress should investigate Chief US District Judge Richard Cebull of Montana, who admitted to passing along a joke whose punchline suggested President Obama was fathered by a dog. Criminal defendants, victims, and litigants need to know that they are being viewed fairly, as individuals, when they come before this judge.

And to buttress, The New York Times:

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.

And finally, to quote reader Sara Walsh in The Great Falls Tribune’s comment thread on the story,

Cebull doesn’t get many opportunities to show his racism in Montana, which is 89.4 percent Caucasian, with only 0.4 percent of the non-Caucasians being black. But when you ridicule someone for who they are based on their lineage, which they have no control over, rather than for their actions, that’s racism/discrimination.

That’s why.

Just in case you haven’t had a chance to sign these petitions- and lest the fire die down- I thought I’d list them all here for your convenience.

You’re welcome.

Breaking:  The Montana Human Rights Network files complaint in federal court, wants federal judicial panel to call on Judge Richard Cebull to resign.

Related articles

“Dear Prudence” Schools Rush In Apologizing

by D Gregory Smith

Slate’s ‘Dear Prudence’ has a few choice words to offer Rush Limbaugh for his non-apology, saying:

“My choice of words was not the best, and in the attempt to be humorous, I created a national stir. [This sounds as if you wish you had searched for a better way to call someone a slut. Also, don’t refer to the fact that you’re now motivated by worry about your career.] I sincerely apologize to Ms. Fluke for the insulting word choices. [This is where you should have begun!]”

Actually, to begin, Limbaugh needed to first call Sandra Fluke, and if she wouldn’t take his call, he should have had a letter of apology delivered to her. Then when he issued his public statement it should have been something like: “I sincerely apologize to Ms. Fluke. My remarks about her were false, cruel, and repulsive. There’s no excuse and I offer none. I seriously crossed the line and I am sorry.”

Full, excellent column here.

Related articles

Racist Judge Makes The Washington Post

by D Gregory Smith

I was worried that the bestiality-inferring racist email sent by Federal Judge Richard Cebull of Billings might go unnoticed by most of the national media- thank God I was wrong.

The Washington Post today picked up the original GF Tribune story, as did the Los Angeles Times, which added this:

The Tribune said it received the email after it had been forwarded several times in a chain that began at its original recipients. Cebull said he was “surprised” it had been passed along with his name attached to it, the newspaper said.

The Colbert Report ticket

The Colbert Report ticket (Photo credit: eszter)

Again, he’s not sorry he did it, just sorry he got caught. And probably wondering which one of his buddies or (buddies friends) turned him in.

Dare I hope to see this story on tv tonight? -at least The Daily Show or The Colbert Report. Cross your fingers, light a candle and forward, retweet and write about this as often as you can….

In any case, this story warrants two new categories here on the site: Hypocrisy At Work and Conduct Unbecoming.

Related articles