By John S. Adams, 

HELENA – U.S. 9th Circuit Court of Appeals chief Judge Alex Kozinski has appointed a special judicial committee to investigate misconduct allegations against Montana chief U.S. District Judge Richard Cebull, who in February sent an e-mail from his federal courthouse chambers that contained a racist and misogynistic joke about President Obama‘s mother.

  • Judge Richard Cebull makes closing remarks at the Missouri River Federal Courthouse on Sept. 3, 2009.File photo by Rion Sanders, Great Falls (Mont.) Tribune—-Judge Richard Cebull makes closing remarks at the Missouri River Federal Courthouse on Sept. 3, 2009.

The subject line of the e-mail, which Cebull sent from his official courthouse e-mail account on Feb. 20 at 3:42 p.m., reads: “A MOM’S MEMORY.”

The forwarded text of the joke contained in the e-mail read:

“A little boy said to his mother; ‘Mommy, how come I’m black and you’re white?’ His mother replied, ‘Don’t even go there, Barack! From what I can remember about that party, you’re lucky you don’t bark!’ ”

News of the e-mail set off a national firestorm and calls by human rights groups, civil rights leaders and government watchdog groups for Cebull to resign. It also led to at least three judicial misconduct complaints filed against the judge.

Travis McAdam, director of the Montana Human Rights Network, a Helena-based non-profit organization that filed an official judicial misconduct complaint against Cebull and circulated a petition calling on Cebull to resign, said he was pleased that Kozinski took the step of appointing an investigative committee.

“We’re glad to see that the 9th Circuit is taking up this issue, and taking it up in a pretty timely fashion,” McAdam said.

Cebull has denied being racist and said he sent the joke to his friends because he is “not a fan” of the president. The next day he wrote a letter to Obama apologizing to him and his family for the e-mail.

Cebull initiated the judicial complaint process against himself in a March 1 letter to Kozinski, the day after the news of the e-mail broke. On March 23, Kozinski appointed a five-judge panel to investigate the complaint.

Judicial misconduct complaints are usually confidential and thus Kozinski’s order does not name Cebull. However, Cebull waived his right to privacy when he initiated the complaint, and 9th Circuit assistant circuit executive David Madden on Thursday confirmed that Kozinski’s order dealt with the Cebull case.

By rule, Kozinski appointed himself, two circuit court judges and two district court judges to the panel. Judge M. Margaret McKeown will preside over the case.

When the committee completes its investigation, it will file a report, including findings and recommendations for council action, with the judicial council.

Michael Keegan, president of People For the American Way, a Washington-based civil rights and liberties group, said he was encouraged that Kozinski formed a panel to investigate the complaints.

“Judge Cebull has shown through his actions that he does not have the necessary temperament to fulfill his duties as a judge,” Keegan said.

Shares: